REPUBLIC OF LITHUANIA
LAW
ON THE AMENDMENT OF
THE LAW ON ELECTIONS TO THE SEIMAS
234;
1994, No.89-1718; 1995, No.7-142)
Article 1. Newly Revised Version of the Law of the
Republic of Lithuania on Elections to the Seimas
The Law of the Republic of Lithuania on Elections to the
Seimas shall be amended and set forth to read as follows:
1. Citizens of the Republic of Lithuania who on the day of
the election are 18 years of age shall have the right to vote.
Citizens who have been declared legally incompetent by court
shall not participate in elections.
2. Any citizen of the Republic of Lithuania who is not
connected with a foreign state by oath or pledge and is at least
25 years of age on the day of elections, and permanently resides
in Lithuania may be elected as Seimas member. When establishing
for a citizen, who has arrived in Lithuania from another State
for residency, a fact of permanent residence, a one-year period
established in the Law of the Republic of Lithuania on Persons
Considered Permanent Residents or Residents of the Republic of
Lithuania shall not apply to. The fact of permanent residence
established in this way shall be recognised as important only
according to the Law on Elections to the Seimas.
3. Persons who, with 65 days remaining before elections,
have not completed a court-imposed sentence, as well as persons
who have been declared legally incompetent and of diminished
responsibility by the court may not be elected as Seimas members.
4. Persons who on the day of elections are in the active or
alternative service, as well as officers, non-commissioned
officers and re-enlistees of the national defence system, police
and the internal affairs service who, with 65 days remaining
before elections, have not retired from service, and officers of
other militarised and security services who are on the payroll
may not be elected as Seimas members.
5. Other direct or indirect abridgements of the right to
vote of the citizens of the Republic of Lithuania on the grounds
of their descent, political convictions, social or property
status, nationality, sex, education, language, religion, or the
type or character of their occupation shall be prohibited.
Article 3. Equal Suffrage
Every citizen of the Republic of Lithuania who has the right
to vote shall have one vote in a one-candidate electoral area and
a multi-candidate electoral area, and these votes shall have the
same value as the votes of every citizen who has the right to
vote. Every voter shall have an equal right to express his
opinion about the candidates who are entered in the list of
candidates for which he votes in a multi-candidate area, and this
opinion shall have the same value as the opinion of every voter
who has voted for this list.
Article 4. Direct Elections
There shall be no voting by proxy in elections of Seimas
members.
Article 5. Secret Ballot
1. Voters shall vote in person and by secret ballot. It
shall be prohibited for a person to vote instead of another
person or to vote by proxy. A voter who, because of his physical
disability, cannot cast a ballot himself, may vote with the
assistance of another person whom he trusts, as it is provided in
paragraph 6 of Article 65 of this Law. If someone gets to know
the secret of another person's voting, it shall be prohibited to
divulge it.
2. Controlling the will of the voters in elections shall be
prohibited. It shall be prohibited to influence the will of an
elector to vote for or against any candidate or the list of
candidates. An elector must be provided with the conditions to
mark a ballot in secret and without interference. It shall be
prohibited to act with the ballot in such a way that the secret
of voting might be revealed.
1. Regular elections to the Seimas shall be announced by the
President of the Republic, and pre-term elections to the Seimas
may be announced by the Seimas of the Republic of Lithuania or
the President of the Republic.
2. Regular elections to the Seimas shall be announced by the
President of Republic no later than six months prior to the
expiration of the powers of the Seimas members. If, with four
months remaining before the expiration of the powers of the
Seimas members, the President of the Republic has not announced
the date of regular elections to the Seimas, regular elections to
the Seimas shall be held on the last Sunday from which at least a
month remains before the expiration of the powers of the Seimas
members. Regular elections to the Seimas shall be held no earlier
than two months and no later than one month prior to the
expiration of the powers of the Seimas members.
3. If regular elections must be held during military
operations, the Seimas or the President of the Republic shall
adopt a decision to prolong the powers of the Seimas . In this
event elections must be called no later than within three months
after the end of the war.
4. Pre-term elections to the Seimas may be held on the
decision of the Seimas adopted by three-fifths majority vote of
all the Seimas members, or announced by the President of the
Republic in the cases provided in Paragraph 2 of Article 58 of
the Constitution. The elections to the new Seimas must be
organised within three months from the adoption of the decision
on the pre-term elections. The day of elections to the new Seimas
shall be specified in the decree of the President of the Republic
concerning regular elections to the Seimas, and in the resolution
of the Seimas or decree of the President of the Republic
concerning pre-term elections to the Seimas.
5. The day when ballots are cast in a multi-candidate
electoral area and in the first round of elections in one-
candidate electoral areas shall be considered the day of the
election to the new Seimas. Voting by post, as well as on ships
and in diplomatic missions shall be carried out on or before the
election day as it is provided for in this Law. The term which is
calculated from the election day and may be implemented only when
the election results are publicised shall be started to be
calculated from the day of publicising the election results.
6. The date of repeat voting, new or repeat elections in a
one-candidate electoral area shall be announced by the Central
Electoral Committee in cases provided in this Law no later than
within 15 days from the day when the necessity to hold such
elections has occurred, unless otherwise provided in this Law.
Article 7. Making the Preparation and Execution of Elections
Public
1. Public notice of a meeting of the electoral committee
shall be given on the notice board placed in the building in
which the electoral committee office is situated, and the members
of this electoral committee shall be personally informed thereof
no later than 24 hours prior to the beginning of the meeting. The
Central Electoral Committee shall additionally inform the mass
media through the Lithuanian Telegram Agency (ELTA) about its
meetings where the following matters shall be decided: dates of
new and repeat elections; establishment of the boundaries of
electoral areas; formation and change of the composition of the
committees of electoral areas; registration of candidates; issues
determined by drawing lots; establishment of election results,
final election results; termination of the powers of a Seimas
member before the expiration of the term of office; recognition
of the powers of a new Seimas member, as well as consideration of
disputes concerning the election campaign and violations of the
Law on Elections.
2. Meetings and voting of electoral committees shall be
open, the following may observe them: representatives and
observers of parties, political organisations, candidates for
Seimas member, upon presenting certificates of the established
form or confirmed with the seal of the organisations which have
authorised them for that; representatives of the mass media, upon
presenting employment certificates. A candidate for Seimas member
may participate in the meeting of an electoral committee if: a
decision concerning his personal activities or circumstances
directly related with his person is being adopted; the chairman
of the electoral committee has invited him to participate in the
meeting.
3. Persons present in the meeting hall may from their seats
record, write down in shorthand or take down everything that is
said at the meeting, photograph or film, record visually. It
shall be allowed to photograph and film, and record visually when
it requires walking about the hall or using special lighting
equipment, as well as to broadcast live meetings only upon
permission by the electoral committee chairman.
4. Electoral committees cannot hold closed meetings. The
Central Electoral Committee may prohibit anyone from entering the
workroom of the service staff of electoral committees, document
safe-keeping premises, if it is necessary to guarantee
undisturbed working conditions of the staff, to protect electoral
documents.
5. If there is a reason to believe that during a meeting a
threat to the security of an electoral committee or its
participants may arise, the chairman of the committee may
instruct the police to scrutinise the documents, belongings of
the persons who enter into the hall, or to inspect the persons.
6. The electoral committee may eject from the meeting hall
the persons who hinder the committee in its normal work.
Article 8. Expenditures Related to the Preparation and
Execution of
Elections
The State and local authorities shall cover expenditures
related to the preparation and execution of elections. The
expenditures of electoral committees related to organisation and
execution of elections and the work of the members of electoral
committees and the service staff shall be paid with state funds.
Maintenance of polling places and office space of electoral
committees of electoral areas and districts, expenditures related
to acquisition and keeping of the equipment of polling places
shall be paid with local authority funds.
II. Electoral Areas and Electoral Districts
Article 9. Formation of Electoral Areas
1. For the organisation and execution of elections, the
territory of the Republic of Lithuania shall be divided into 71
one-candidate electoral areas, taking into consideration the
number of inhabitants and the administrative-territorial
division. An electoral area shall be formed from electoral
districts which have common boundaries. The number of voters in
electoral areas must be from 0,9 to 1,1 of an average number of
the voters in all one-candidate electoral areas. The Central
Electoral Committee shall no later than 95 days prior to the
election establish and no later than 90 days prior to the
election publish in the Valstybës Þinios the list of electoral
districts forming an electoral area, addresses and telephone
numbers of their polling places, number of voters in the
electoral area, and the address and telephone number of an
electoral committee of the electoral area.
2. One multi-candidate electoral area shall also be formed
where all citizens of the Republic of Lithuania having the right
to vote shall cast their vote. 70 Seimas members shall be elected
in the said electoral area according to the proportional system
of elections.
Article 10. Formation of Electoral Districts
1. Taking into consideration the convenience for a voter to
reach a polling place and the number of voters, territories of
cities and regions shall be divided into electoral districts.
2. The division of the territory of a town, region into
electoral districts shall be approved and changed by the Central
Electoral Committee on the recommendation of the mayor. The
Central Electoral Committee shall publish in the Valstybës Þinios
a list of approved electoral districts and changes made therein.
4. The boundaries of an electoral district, address of a
polling place shall be changed when necessary, but no later than
100 days prior to the election. In the recommendation to approve
the division of the territory of a local authority into electoral
districts, the town, region mayor shall specify the following: a
proposed name of an electoral district, addresses forming an
electoral district, number of voters in the formed district,
address and telephone number of a polling place. Changes which
are proposed to be made shall be specified in the recommendation
to change the division of the territory of a local authority into
electoral districts. No later than 100 prior to the election the
mayor shall also inform the Central Electoral Committee about new
addresses, changed addresses or addresses which are no longer in
effect, as well as approve the addresses and telephone numbers of
polling places.
III. ORGANISATION of Elections
Article 11. Electoral Committees
1. Elections to the Seimas shall be organised and conducted
by:
2. A citizen of the Republic of Lithuania may be proposed to
the electoral committee provided he has the right to be elected
as Seimas member (without taking into consideration the minimum
age limit set for a candidate for Seimas member, but who is not
younger than 18 years of age on the election day) and has not
been removed from the electoral committee due to the violations
of laws on elections or referendum.
3. The same person cannot concurrently be: a member of the
electoral committee and a candidate for Seimas member; a
candidate for Seimas member and a representative for elections; a
representative for the election and a member of the electoral
committee; a candidate for Seimas member and an observer of the
elections; a member of the electoral committee and an observer of
the elections. Provided that a member of the electoral committee
is willing to be a candidate for Seimas member, he must no later
than 10 days prior to giving consent to become a candidate or
starting collecting signatures of citizens resign from the post
of a member of the electoral committee. If the member of the
electoral committee has not done so, he shall be relieved from
the electoral committee for the violation of the Law on Elections
and shall be not registered or shall be removed from a candidate
for Seimas member.
Article 12. Formation of the Central Electoral Committee
1. The Central Electoral Committee shall be the supreme
standing institution for the organisation of elections to the
Seimas of the Republic of Lithuania, President of the Republic,
municipal councils, as well as for the organisation of referenda.
2. The Seimas shall no later than 100 days and not earlier
than 130 days prior to regular elections to the Seimas form the
Central Electoral Committee for a four-year period. The Central
Electoral Committee shall not be newly formed before pre-term
elections to the Seimas, its powers are preserved until a Central
Electoral Committee shall be formed before regular elections to
the Seimas.
3. The Central Electoral Committee shall be composed of:
2) three persons having higher legal education and who are
chosen by lot from the six candidates proposed by the Minister of
Justice;
3) three persons having higher legal education and who are
chosen by lot from the six candidates proposed by the Lithuanian
Lawyers' Society; and
4. The Minister of Justice and the Lithuanian Lawyers'
Society may propose more candidates for the Central Electoral
Committee.
5. The drawing of lots during a Seimas sitting shall be
organised by the Speaker or deputy Speaker of the Seimas.
6. Parties and political organisations which have received
mandates of Seimas member in a multi-candidate electoral area
shall each have the right to propose one representative to the
Central Electoral Committee from the one list of candidates
(joint list) presented in the multi-candidate electoral area
prior to the formation of the Committee.
7. If representatives meet the requirements specified in
Article 11, par.2 and 3 of this Law, the Seimas may not reject
proposed candidates.
8. In all cases, persons appointed to the Central Electoral
Committee from the candidates proposed by the Minister of Justice
and the Lithuanian Lawyers' Society must make up more than 1/2 of
the Committee members. If these persons make up less than 1/2 of
the members, the Committee shall be enlarged according to the
procedure established in this Article by drawing lots equally
from the candidates proposed by the Minister of Justice and the
Lithuanian Lawyers' Society, whose number must be twice as much
as is necessary for the additional appointment of members to the
Central Electoral Committee.
9. The Seimas shall appoint the Chairperson of the Central
Electoral Committee. The Chairperson of the Central Electoral
Committee as well as the members of the Committee who were
appointed to the Committee by lot must suspend their membership
in any parties and political organisations which they are members
of, and may not take part in the activities and carry out the
instructions of said parties or organisations while working in
the Committee.
10. The Central Electoral Committee shall elect the deputy
chairman and secretary of the Committee during its sitting. The
deputy chairman shall be elected from among the members who do
not represent parties or political organisations.
Article 13. Verification of the Composition of the Central
Electoral
Committee after the Elections to the Seimas
1. The Seimas of the Republic of Lithuania shall within 100
days after the first sitting of the newly elected Seimas verify
the composition of the Central Electoral Committee: shall dismiss
and newly appoint the Committee members proposed by parties and
political organisations, so that representatives of the parties,
political organisations which have received mandates in a multi-
candidate electoral area shall be included in the composition
thereof. When necessary, the number of the Committee members
chosen by lot may be only increased by the Seimas.
2. The powers of the Chairman of the Central Electoral
Committee and the Committee members chosen by lot shall be
terminated in the following cases:
1. The Central Electoral Committee shall guarantee the same
application of laws on elections and referendum on the whole
territory of the Republic of Lithuania. For this purpose, it
shall issue the instructions for the implementation of these laws
of the Republic of Lithuania, the execution whereof shall be
obligatory to all institutions and officers. The decisions of the
Central Electoral Committee may be changed only by the Central
Electoral Committee or an effective court's ruling. Institutions
of State power and government, Seimas members and other officers,
parties, political or public organisations, as well as citizens
shall be prohibited from interfering with the activities of the
Central Electoral Committee related to organisation of elections
or a referendum.
2. While carrying elections to the Seimas , the Central
Electoral Committee shall:
3) accept application documents concerning the nomination of
candidates for the Seimas, examine them, register the candidates,
and announce the lists of nominated candidates who participate in
the elections and the numbers provided for them, as well as the
candidates nominated in one-candidate electoral areas;
4) establish the samples and forms of ballot papers and
other documents used during the elections, as of well as
packages, stamps, and samples for their completion, and the
procedure for sealing ballot papers;
7) consider complaints and adopt resolutions concerning
decisions of electoral committees of electoral areas and, if
necessary, electoral committees of electoral districts as well;
3. During the period between elections, the Central
Electoral Committee shall perform the functions of the Mandate
Committee of the Seimas of the Republic of Lithuania: shall adopt
and announce decisions upon termination of the Seimas member's
powers; acknowledge the powers of new Seimas members elected in a
multi-candidate electoral area, call new or repeat elections in a
one-candidate electoral area.
4. The Central Electoral Committee shall generalise the
election-related experience, together with other State
institutions propagate the importance of free, democratic and
honest elections, take care of the education of electors. It
shall also keep in touch with the institutions of other states,
which prepare and organise elections in those states.
5. The Central Electoral Committee may not interpret the
provisions of this Law. If it is necessary to do so, the Central
Electoral Committee shall appeal to the Seimas for the amendment
of this Law. The Seimas shall consider questions submitted by the
Central Electoral Committee according to the procedure of special
urgency.
Article 15. Formation of Electoral Committees of Electoral
Areas
1. The Central Electoral Committee shall for the period of
elections form electoral committees of electoral areas no later
than 85 days prior to the elections.
2. Electoral committees of electoral areas shall be composed
of:
1) two persons who reside or work in that town, region, have
higher legal education, and who are nominated by the Minister of
Justice;
2) two persons who reside or work in that town, region, have
higher legal education, and who are nominated by the Lithuanian
Lawyers' Society.
3) one official of "B" level who works in that town, region
(one from every town, region), who is nominated by the mayor of
that town, region; and
3. The Minister of Justice, the Lithuanian Lawyers' Society
and the town, region mayor may propose more candidates. If the
territory of an electoral area consists of the territories of
several towns, regions, the Committee shall be formed from as
many officials of "B" level as there are mayors who have the
right to nominate candidates.
4. Parties, political organisations which have received the
mandates of Seimas member in the multi-candidate electoral area
pursuant to the list of candidates (joint list) nominated in this
electoral area shall each have the right to propose two
representatives from this single list of candidates (joint list)
nominated in the electoral area to electoral committees of
electoral areas. If the representatives meet the requirements of
this Law, the Central Electoral Committee may not reject said
candidates. In the event that candidates have not been proposed,
the Central Electoral Committee may additionally appoint as
members of the Committee candidatures who are proposed by the
Minister of Justice, the Lithuanian Lawyers' Society or town,
region mayor.
5. In all cases, persons who have been appointed to
electoral committees of electoral areas from the candidates
proposed by the Minister of Justice, the Lithuanian Lawyers'
Society and the town, region mayor must make up at least 1/3 of
all the Committee members. If these people make up less than 1/3
of the Committee, the Committee shall be enlarged from the
candidates proposed by the Minister of Justice, the Lithuanian
Lawyers' Society or the town, region mayor.
6. If elections to the Seimas or to the municipal council,
or a referendum are concurrently held on the same day, the same
electoral committees of electoral districts or referendum
committees shall be formed. The Central Electoral Committee shall
form a single - town, region, electoral area or referendum -
committee in a separate electoral, referendum territory and shall
establish its functions in organising and carrying other
elections or a referendum.
7. The Central Electoral Committee shall appoint the
chairman of the electoral committee of an electoral area.
8. During its first sitting, the electoral committee of an
electoral area shall elect a deputy chairman and a secretary of
the committee.
Article 16. The Powers of Electoral Committees of Electoral
Areas
The electoral committee of an electoral area shall:
1) inform the voters who reside in the electoral area about
the boundaries of the electoral districts, their offices, working
hours and polling places;
4) make up a list of health care, social guardianship and
care institutions, military units and places of confinement
situated in the territory of an electoral area, and together with
the head of the post office have care of the organisation of
voting by post in those places;
6) consider complaints against decisions and actions of the
electoral committees of electoral districts and adopt decisions
concerning them; and
1. No later than 75 days prior to the election, the
electoral committee of an electoral area shall establish the
number of the members of the electoral committees of each
electoral district, which must be a multiple of the number of the
parties and political organisations which have the right to
nominate candidates for electoral committees. If the number of
proposed candidates is insufficient or there is a vacancy in the
committee, the mayor of a municipality in the territory whereof
the electoral district is formed may propose the lacking
candidates.
2. The parties and political organisations which have
received the mandates of Seimas member in a multi-candidate
electoral area from the list of nominated candidates (joint
list), as well as the parties, political organisations which have
received the mandates of members of municipal councils from the
list of nominated candidates (joint list) in the elections to a
municipal council shall enjoy the right to propose candidates for
the electoral committee of an electoral district, but each party
or political organisation shall be entitled to propose the same
number of candidates as the other parties and political
organisations having right to propose candidates.
3. Parties, political organisations shall submit their lists
of candidates for the electoral committee of an electoral area no
later than 62 days prior to the elections.
4. Electoral committees of electoral areas shall for the
period of elections form electoral committees of electoral
districts no later than 60 days prior to the elections. If a
candidate meets the requirements set forth in this Law, the
electoral committees of an electoral area may not reject the
candidate.
5. If no candidates have been proposed or the proposed
candidates do not meet the requirements of this Law, or they have
been proposed after the set period of time, electoral committees
of electoral areas may alter the earlier established number of
the members of the electoral committee of an electoral district
or to address the mayor to present the lacking number of
candidates for electoral committees of electoral districts. The
candidates proposed by the mayor may not be the members of
parties, political organisations or to become such members prior
to the expiration of the powers of a member of an electoral
committee. If during a sitting not less than three members of the
electoral committee of the electoral area shall, while appointing
a member of the committee, object to the appointment of the
candidate, proposed by the mayor, to be a member of the electoral
committee of an electoral district, this candidate may not be
appointed a member of the committee.
6. Electoral committees of electoral areas shall appointed
the chairmen of electoral committees of electoral districts.
7. During its first sitting the electoral committee of an
electoral district shall elect a deputy chairman and a secretary
of the committee.
Article 18. The Powers of the Electoral Committee of
Electoral District
The electoral committee of electoral district:
1) shall receive voter lists from the electoral committee of
an electoral area, provide conditions for electors,
representatives of parties and political organisations at the
elections to familiarise themselves with said lists, hand voter
certificates to voters or distribute them in some other way,
inform the electoral committee about inaccuracies noticed in the
voter list;
3) may observe how voting by post is conducted in the
territory of an electoral district, and control that conditions
for voting by post would be provided in all health care, social
guardianship and care institutions, military units and the places
of confinement situated in the territory of the electoral
district;
4) shall have care of preparing polling places, voting
booths and ballot boxes in due time pursuant to the requirements
provided in this Law;
7) shall consider the complaints of the voters and observers
of that electoral district on issues concerning the preparation
of the elections, the organisation of voting, vote calculation,
the drawing up of vote calculation records, and adopt decisions
related to them; and
1. A member, chairman of an electoral committee shall start
holding the position in the electoral committee upon having taken
the oath or given a written pledge.
2. The members and the chairman of the Central Electoral
Committee shall take the oath in the Seimas. The oath shall be
administered by the Speaker or deputy Speaker of the Seimas. The
text of the oath of the member, chairman of the electoral
committee shall read as follows:
"I, (name, surname), member, chairman of the electoral
committee, swear to be faithful to the Republic of Lithuania,
observe its Constitution and laws, conscientiously and honestly
perform my duties in the electoral committee and refrain from
actions violating laws and the rights of citizens.
So help me God."
3. The members and chairmen of electoral committees of
electoral areas and districts shall give a written pledge. The
procedure for giving a written pledge shall be established by the
Central Electoral Committee. The text of a written pledge of the
member and the chairman of an electoral committee shall read as
follows:
4. The oath may be taken or a written pledge given omitting
the last sentence. The person who has taken the oath shall
subscribe to the prescribed oath. The oath shall be effective for
the whole duration of the appointment to work in the electoral
committee. The person who does not take the oath, shall not hold
the position in the electoral committee.
5. The oaths, written pledges of the members, chairmen of
the electoral committees shall remain in the custody of the
institutions which have administered them.
6. When appointing an electoral committee member, the
institution shall fix the date by which he must take the oath or
give a written pledge. The person who has not taken the oath,
given a written pledge within 10 days after his appointment or
who has taken the oath or given a written pledge with a
reservation, shall be removed from his position in the electoral
committee.
Article 20. Organisation of the Work of Electoral Committees
1. Sittings of electoral committees shall be valid provided
that at least three-fifths of the members of the committee are in
attendance. Decisions made by the committees shall be adopted by
open vote of the majority of the committee members participating
in the sitting. In the event of a tie vote, the committee
chairman's vote shall be deciding. Committee members who do not
agree with a decision shall have the right to state a different
opinion in writing, which shall then be appended to the minutes
of the sitting and shall be an inseparable part thereof.
2. Upon the end of elections, the powers of the chairmen,
members of electoral committees of electoral districts, electoral
areas shall be terminated. The decision to terminate the powers
shall be adopted by the electoral committee which appointed the
committee members, when this committee, its chairman have
fulfilled all the tasks assigned to him according to the Law.
3. The chairman or member of an electoral committee who have
taken the oath or given a written pledge shall be prohibited from
any form of election campaigning or attempts to influence the
voters' will in any other way. Individuals who have violated this
requirement must be dismissed from the committee and may be
liable according to the procedure established by law.
Article 21. Appeals Concerning Decisions of Electoral
Committees which
Are Adopted prior to the Completion of Voting
1. Parties and political organisations which have nominated
a candidate for Seimas member, a candidate for Seimas member, a
representative for elections, an election observer may appeal
against the decision of the electoral committee which has been
adopted prior to the completion of voting:
1) for a decision of the electoral committee of the
electoral districts - to the electoral committee of an electoral
area;
2) for a decision of the electoral committees of an
electoral area - to the Central Electoral Committee; and
2. Appeals must be considered within 48 hours of when the
appeal is submitted. Non-working days shall be included in this
period. The decision of the Vilnius district court shall become
effective from its pronouncement.
Article 22. Assistance for Electoral Committees
1. State institutions, enterprises, offices and
organisations, as well as their officers must assist electoral
committees in exercising their powers and must furnish them with
necessary information.
2. State institutions, enterprises, offices and
organisations, as well as their officers must consider requests
submitted by electoral committees and give the electoral
committee a justified response within 3 days.
4. Local authorities of towns and regions, state
institutions and organisations must provide electoral committees
with proper premises and equipment for the preparation and
execution of elections.
Article 23. Remuneration of Electoral Committee Members
For their work in electoral committees, the chairmen and
members of electoral committees shall be paid wages at the rates
submitted by the Central Electoral Committee and approved by the
Government.
Article 24. Changing the Members of Electoral Committees
1. The chairman or member of an electoral committee may be
removed from his position in the committee by the electoral
committee which approved the composition of said committee, or
the Central Electoral Committee upon having considered the
complaint concerning the decision of the electoral committee of
the electoral area.
2. The electoral committee may consider only the justified
proposal of a party or political organisation to recall the
member of the electoral committee whom it has nominated.
3. As necessary, new chairman or member of the electoral
committee shall be appointed according to the procedure
established by this Law.
IV. Voter Lists and VOTER CERTIFICATES
Article 25. Voter Lists
1. For the organisation of elections, the following voter
lists shall be compiled:
2. Voter lists shall be drawn up twice - provisional and
final. These lists may be used only for organisation and
execution of elections.
3. The procedure for compiling voter lists must be such that
every citizen of the Republic of Lithuania who is entitled to
vote shall be registered in voter lists. No one may be registered
in a voter list more than once.
4. For the organisation of election campaign, at the request
of parties and political organisations which have nominated a
candidate or candidates, generalised voter lists (without
surnames of voters, dates of birth, exact address of residence)
may be drawn up. The actual expenditures related to drawing up of
said lists shall be paid by the party, political organisation or
a candidate who has ordered them.
5. The voter list of the Republic of Lithuania and the voter
lists of one-candidate electoral areas which are drawn up and
kept by the registrar of the population register, shall be
compiled in magnetic media. The procedure and form of compiling
of lists, method of compiling and the procedure for the use
thereof shall be established by the Central Electoral Committee.
Article 26. General Procedure for Registering Citizens in
Voter Lists
1. All citizens of the Republic of Lithuania who have the
right to vote shall be registered in the voter list of the
Republic of Lithuania according to the data of issuance of the
document (passport) confirming the citizenship, and according to
the population register of the Republic of Lithuania. Lists
compiled according to these data shall be provisional.
2. Compiling, checking and execution of voter lists shall be
organised by the Central Electoral Committee on the basis of the
information furnished by state institutions and electoral
committees of electoral areas.
3. The following persons shall be struck from the voter list
of the Republic of Lithuania:
a citizen of the Republic of Lithuania who has died;
a person who has lost the citizenship of the Republic of
Lithuania; and
a citizen who has been declared legally incompetent by the
court.
4. Provisional voter lists with changes done therein and
acknowledged in the procedure established by the Central
Electoral Committee shall be not more than 7 days prior to the
election approved as final voter lists. Changes in final voter
lists may be done only with the consent of the Central Electoral
Committee.
Article 27. Voter Lists of One-Candidate Electoral Areas
The voter list of one-candidate electoral area shall be made
in magnetic media by the Central Electoral Committee according to
the voter list of the Republic of Lithuania and the place of
residence of a voter indicated therein, and shall be delivered to
the electoral committee of an electoral area at least 65 days
prior to the election. Lists of voters residing abroad shall be
drawn up concurrently and shall be delivered to diplomatic
missions of the Republic of Lithuania. A list of citizens whose
place of residence is unknown shall be also drawn up.
Article 28. Voter Lists of Electoral Districts
The voter list of an electoral district shall be drawn up by
the electoral committee of an electoral area according to the
voter list of an electoral area and the place of residence
indicated therein, and shall be delivered to the electoral
committee of an electoral district at least 55 days prior to the
election. A list of citizens whose place of residence is unknown
shall be also compiled. Voters, ship's crew members and
passengers who will be unable to return to Lithuania during the
period of voting by post or to be present on the election day,
shall, according to the procedure established by the Central
Electoral Committee, be registered in a voter list of the
electoral district on the territory whereof a ship's registration
harbour or the administration of a ship's owner is located.
Article 29. Public Announcement of Voter Lists and Access to
Voter Lists
The electoral committee of an electoral district, diplomatic
mission shall, at least 55 days prior to the election, provide
conditions for the voters to have access to voter lists. The time
and place for the voters to implement this right shall be
indicated at the entrance to the premises of an electoral
committee, situated in the diplomatic mission.
Article 30. A Voter Certificate
1. A voter certificate shall be a document issued by an
electoral committee specifying in the voter list of which
electoral district a citizen of the Republic of Lithuania is
registered. One cannot vote by post without this certificate.
2. A voter's certificate shall contain:
5) the name, number of the electoral district in whose list
of voters the name of the voter has been included, as well as the
address of the polling place; and
1. The delivery of voter certificates to voters shall be
organised by the electoral committee of an electoral district.
The diplomatic mission shall deliver or send by post voter
certificates to the voters who are abroad, provided that he has
informed the diplomatic mission of his address. A voter
certificate shall not be delivered to the voter who shall vote in
a ship.
2. The delivery of voter certificates shall be noted in the
provisional voter list of an electoral district. A voter
certificate shall be either delivered to the voter personally or
to the other person who lives together with the voter, or to a
neighbour of the voter, who knows the voter and undertakes to
deliver the voter certificate to the voter. The delivery of voter
certificates to voters must be finished at least 40 days before
the election.
3. The voter who has not received a voter certificate in due
time or who has received a voter certificate with inaccuracies,
must without delay inform the electoral committee of an electoral
district in whose service territory he is residing, about this
and to produce his passport or other document confirming his
identity to the electoral committee. If the voter is registered
in the voter list of this electoral district, the electoral
committee of the electoral district must write out a new voter
certificate to the voter and issue it to him immediately. If the
voter is not registered in the voter list of this electoral
district, the electoral committee of the electoral district shall
immediately inform the electoral committee of an electoral area
about this, which must have care of registering the voter in the
voter list of this electoral district. The voter certificate
shall be written out and delivered to the voter following upon
checking the accuracy of voter lists.
4. In the manner prescribed by the Central Electoral
Committee, the electoral committee of the electoral area may
write out a voter certificate to the voter who is registered in
the voter list of another electoral area, provided the voter
cannot return to the permanent place of residence to get a voter
certificate or obtain it in any other way. The voter must request
this in writing and present the passport of the citizen of the
Republic of Lithuania with the address of the place of residence
recorded therein.
Article 32. Checking the Accuracy of Voter Lists before
Drawing up Final
Lists
1. The accuracy of provisional voter lists shall be checked
when transferring a voter from one voter list of an electoral
district, electoral area into another, striking from or
registering a voter in the voter list of the Republic of
Lithuania.
2. The voter shall be transferred from one voter list into
another if it becomes clear that the address of his place of
residence in the provisional list is incorrect or it has changed
after said list was drawn up.
3. Transferring of the voter from the voter list of one
electoral district into another in the same electoral area shall
be executed by the electoral committee of the electoral area and
it shall inform the Central Electoral Committee about the changes
made in voter lists of electoral districts. Transferring of the
voter from the voter list of one electoral area into another
shall be executed by the Central Electoral Committee on the
recommendation of the electoral committee of the electoral area
and shall inform the electoral committees of electoral area about
the done changes. Only the Central Electoral Committee may
register a voter in or strike him from the voter list of the
Republic of Lithuania in the cases provided for in Article 26 of
this Law.
Article 33. Registration of the Citizens of the Republic of
Lithuania,
Staying Abroad, in Voter Lists
1. The citizens of the Republic of Lithuania staying in
other states shall be registered in the voter list of the one-
candidate electoral area on whose territory the Seimas of the
Republic of Lithuania is situated.
2. A diplomatic mission of the Republic of Lithuania shall,
at least 15 days before the election to the Seimas, submit to the
Central Electoral Committee the voter list compiled in the
diplomatic mission, as well as the data concerning checking the
accuracy of said list. This list may be supplemented with the
voters who will be unable to return to Lithuania during the
period of voting by post or to be present on the day of the
election, and who shall vote in diplomatic missions.
Article 34. Registration of National Defence Servicemen,
Voters who are
Aboard a Ship and in Places of Confinement in
Voter Lists
1. Voters performing the active or alternative service shall
be included in the voter lists of the electoral district on whose
territory they permanently resided before they have been summoned
for the active or alternative service.
2. Officers, non-commissioned officers and re-enlistees of
the national defence system and the internal affairs service
shall be included in the voter lists of the electoral district on
whose territory they permanently reside.
3. The voters who are aboard a ship and who will be unable
to return to Lithuania during the period of voting by post or to
be present on the election day, shall be registered in the
additional voter list of the electoral district in whose voter
list the ship's crew is registered.
4. Voters who are in places of confinement shall be
registered in the voter list of the electoral district on whose
territory they have permanently resided before they were placed
in confinement. If a person who is in a place of confinement
requests in writing, he shall be registered in the voter list of
the electoral district on whose territory the place of
confinement is situated.
Article 35. Checking the Accuracy of Voter Lists upon
Compiling Final
Voter Lists, as well as on the Election Day
If following the approval of the final voter lists, but no
later than until two o'clock p.m. on the election day, a voter
addresses the electoral committee of an electoral district and
submits the passport of the citizen of the Republic of Lithuania
with the address of the place of residence recorded therein,
which is attached to the territory of this electoral district,
but the voter is not registered in the voter list of this
electoral district, the electoral committee of the electoral
district shall register the voter in the additional voter list of
the electoral district and shall allow him to vote according to
the procedure established by the Central Electoral Committee and
shall immediately inform the electoral committee of the electoral
area about the voter's surname, name, personal code, his passport
number and the address recorded in the passport. The electoral
committee of the electoral area shall check if the voter is
registered in the voter list of the electoral area and take
actions to guarantee that the voter would not be able to vote
twice or the ballot papers filled by him will be counted only
once. If the voter has voted twice, only that vote shall be
counted which was put in the ballot box of the electoral
district. The other vote of the voter, received by post or when
cast according to the additional voter list of the electoral
district shall not be counted.
Article 36. Complaints Concerning Voter Lists
1. A voter or a representative of the party, political
organisation may lodge complaints about the errors made in voter
lists due to which the voter is not registered in the voter list
in the manner prescribed by this Law or is registered in several
voter lists with the electoral committee of the electoral
district no later than 7 days before the election. The electoral
committee of the electoral district must consider the complaint
and adopt a decision thereon either immediately or within 2 days
of the receipt thereof, if more than 10 days are left until the
election day.
2. The decision of the electoral committee of an electoral
district may be within 3 days appealed against in the local
court, which shall consider the complaint within 2 days. The
decision of the court shall be final.
3. Complaints and comments shall not be considered after the
expiration of the term established for filing comments or
complaints.
4. Electoral committees of electoral districts shall report
to the electoral committee of the electoral area about the
received complaints and changes made in the voter lists by the
court's decision, and the electoral committee of the electoral
area shall report to the Central Electoral Committee as soon as
possible but no later than within 12 hours.
V. NOMINATION OF CANDIDATES FOR SEIMAS MEMBER
Article 37. Nomination of Candidates for Seimas Member
1. The following may nominate candidates for Seimas member:
1) in one-candidate and multi-candidate electoral areas -
the party or political organisation which have been registered
pursuant to the Law on Political Parties and Political
Organisations no later than 35 days prior to the election;
2. In multi-candidate electoral areas parties and political
organisations shall nominate their candidates by presenting a
list of candidates in which candidates are recorded in such
succession as established by the party or political
organisations. Unless the statutes of a party or political
organisation provide otherwise, candidates in one-candidate
electoral areas and the list of the candidates, recorded in
succession, in a multi-candidate electoral area must be approved
at the congress or conference of the party, political
organisation. The list of candidates must not include less than
20 and more than 120 candidates.
Article 38. Application Documents for the Nomination of
Candidates
1. For the nomination of candidates parties and political
organisations must file with the Central Electoral Committee the
following application documents:
2) copies of their statutes, amendments thereto, and
registration papers. The programme, election programme of the
party, political organisation may be submitted as well;
5) an obligation signed by each nominated candidate,
provided he is elected, to terminate his employment or any other
activities incompatible with the status of Seimas member, a
consent to be nominated by this party, political organisation in
a concrete electoral area, a questionnaire for a candidate for
Seimas member filled in by the candidate himself, as well as the
extract containing the basic data from the income and property
declaration, presented to the State Tax Inspectorate, approved by
that tax inspectorate to which the declaration has been
submitted. It shall also have the right to submit photographs and
autobiography of each candidate;
6) a power of attorney for a representative for elections to
represent it in the Central Electoral Committee, it shall also
have the right to submit powers of attorney to represent it and
the candidates nominated by it in electoral committees of
electoral areas;
8) if the party, political organisation nominated candidates
or candidates' lists during the preceding elections to the Seimas
or municipal councils, it shall have the right to submit a copy
of the report published in the press, which had to be published
in pursuance of the laws on the elections to the Seimas and
Municipal Councils, concerning the sources and use of funds for
the election campaign;
9) a copy of the declaration concerning the last year's
financial activities, presented to the financial institution,
which had to be submitted pursuant to the Law on Political
Parties and Political Organisations, and which is approved by the
tax inspectorate to which this declaration was submitted, and it
may submit a copy of the account (report), which had to be
publicly announced according to the Law on Political Parties and
Organisations, concerning the budget receipts and their sources,
expenditures and their purpose; and
10) a copy of the declaration, submitted to the financial
institution, concerning the financial activities from the
beginning of the current year to the day when 80 days are left
before the election, which is approved by the tax inspectorate to
which the said declaration was presented, and may submit a copy
of the account (report), which has been publicly announced,
concerning its budget receipts and their sources, expenditures
and their purpose from the beginning of the current year to the
day when 80 days remain before the election.
2. The person who has decided to nominate himself as the
candidates for Seimas member, must submit to the electoral
committee of the electoral area the following documents:
1) an application concerning his nominating himself as the
candidate for Seimas member in this electoral area;
2) a signed obligation, provided he is elected, to terminate
his employment or any other activities incompatible with the
status of Seimas member, questionnaire for a candidate for Seimas
member filled in by the candidate himself, as well as the extract
containing the principal data, approved by the tax inspectorate
to which the declaration has been submitted, from the property
and income declaration, which has been submitted to the State Tax
Inspectorate. He shall also have the right to submit photographs,
autobiography;
3. The electoral committee of an electoral area shall within
three days issue to the citizen who has decided to nominate
himself as candidate for Seimas member individual forms with the
name and surname of the candidate for the collection of voter
signatures to collect signatures of voters of that electoral area
who support his self-nomination. In the form for the collection
of signatures a citizen who supports the person's self-nomination
for Seimas member must fill in the following data himself:
surname, name, number of the passport, date of birth, address of
the permanent place of residence, and sign it. The candidate must
return the forms for the collection of signatures to the
electoral committee of an electoral area not later than 40 days
before the election. Upon receiving the forms for the collection
of signatures, the electoral committee of the electoral area
shall verify them within 7 days. The following signatures shall
not be counted: the signature of the voter who is not registered
in the voter list of that electoral area; if all of the data
established in this Law fail to be included; if incorrect data
are included; all signatures of the citizen who has signed for
the self-nomination of the person several times. If the number of
signatures established in this Law has been collected in the
forms for the collection of signatures, the electoral committee
of the electoral area shall recommend to the Central Electoral
Committee to register the person as a candidate for Seimas
member. If it is established that citizens' signatures have been
forged, that a principle of voluntariness has been violated while
collecting signatures, the electoral committee of the electoral
area may recommend to the Central Electoral Committee not to
register a candidate for Seimas member.
4. In the Seimas member's questionnaire a citizen who has
nominated himself or has been nominated as a candidate for Seimas
member must fill in the following data himself: surname, name,
number of the passport, personal code, date of birth, address of
the permanent place of residence, whether he has served out a
court-imposed punishment, whether he is not a person who is in
the active or alternative service, who is an officer, non-
commissioned officer or re-enlistee of the national defence
system, police and the internal affairs service, who has not
retired from service, as well as an officer of other militarised
or security service, who is on the payroll, and whether he has
the citizenship of another state, - and to sign the
questionnaire. The persons who have taken an oath of the citizen
of other states must repudiate it in writing and to record in the
questionnaire how and when they have done it. Other questions,
additionally established by the Central Electoral Committee may
also be included in the Seimas member's questionnaire, and the
person may not answer them.
5. The filing of application documents shall commence 65
days before and shall end 35 days before the day of the election.
Article 39. Registration of Candidates for Seimas Member
1. Upon the commencement of filing of the lists of
candidates, at the request of the Central Electoral Committee the
Ministry of Justice shall within one day confirm officially which
parties, political organisations have been registered, the
activities of which parties, political organisations have been
suspended or terminated.
2. Upon receiving the application documents of a party,
political organisation, the Central Electoral Committee must not
later than the next working day apply to the Ministry of Justice
regarding confirmation of the fact of the registration of the
party, political organisation and the validity of the submitted
statutes. The Ministry of Justice must give a written reply
within two days.
3. While checking the application documents filled in by a
candidate for Seimas member, the Central Electoral Committee
shall determine whether the candidate meets the requirements of
Article 2 of this Law. When necessary, it may appeal to the
Ministries of Foreign Affairs, Internal Affairs, Justice or other
state institutions to furnish the data important for registering
the candidate. Such appeal of the Central Electoral Committee
must be considered in the extra urgency procedure, and a written
reply must be given within 7 days, but not later than 32 days
before the election.
4. After the Central Electoral Committee has checked out the
submitted application documents and established that they meet
the requirements of this Law, it must adopt a decision concerning
the registration of a candidate within 10 days following
submitting of the application documents, but not less than 31
days prior to the election.
5. If the application documents are incorrect, the Central
Electoral Committee must immediately inform the appropriate
representative for elections about them.
Article 40. A Representative for Elections
1. The party, political organisation, citizen, who has
nominated himself and has been registered as a candidate for
Seimas member shall authorise a representative for elections to
represent them on all issues in the Central Electoral Committee
or the electoral committee of an electoral area. In sittings of
an electoral committee he shall have the right of deliberative
vote and the right to express a separate opinion on all issues
under consideration. The representative for elections shall, on
the territory of the electoral area in the electoral committee
whereof he is authorised to represent, have all the rights of an
election observer. Powers of attorney by parties, political
organisations to represent them in electoral committees may be
filed with the Central Electoral Committee not earlier than the
next day following the formation of an appropriate electoral
committee, but not later than on the final day for submitting
application documents. If the candidature of the representative
for elections meets the requirements of this Law, the Central
Electoral Committee shall within 3 days register the power of
attorney given to him and shall issue a representative's for
elections certificate. The power of attorney for a representative
for elections shall expire after the lapse of 20 days following
the proclamation of the final results of election. The powers of
the representative for elections in an appropriate electoral
committee shall be also terminated after the lapse of 20 days
following presentation of the application documents, provided
that the party, political organisation does not have a candidate
(candidates) on the territory of that electoral area.
2. Until the election day, a party, political organisation,
citizen who has nominated himself as a candidate may revoke a
power of attorney at any time and authorise another person to be
a representative for elections. In this case a representative for
elections must be registered, a certificate must be issued to
him, and the registration of the previous representative for
elections must be terminated within 3 days.
Article 41. Election Deposit
1. The electoral deposit for one candidate for Seimas member
to be registered in a one-candidate electoral area shall be equal
to one average monthly wage (AMW). To register one new candidate
in a one-candidate electoral area instead of the candidate whose
application documents have been revoked or he has revoked the
documents himself - one AMW.
2. The electoral deposit in order to register one list of
candidates for Seimas member in a multi-candidate electoral area
shall be equal to twenty AMWs. To change the place of one
candidate on the list, to enter a new candidate on the list - one
AMW. To join the candidates' lists together - 0,3 AMW for each
joint list.
3. Election deposits for registration of the list of
candidates shall be doubled for that party, political
organisation which at the preceding elections to the Seimas or
municipal councils nominated candidates or the list (lists) of
candidates and did not furnish a copy of the report published in
the press concerning the sources and use of the funds for
election campaign.
4. Within 40 days following the final proclamation of
election results, the Central Electoral Committee shall refund
the election deposit to the party, political organisation or the
citizen who has furnished it, if:
1) candidate nominated as Seimas member or the person who
nominated himself as a candidate for Seimas member is elected as
a Seimas member in a one-candidate electoral area; and
5. The non-refundable deposits shall be transferred to the
State budget.
Article 42. Prohibition for One Person to be a Candidate in
Several
Electoral Areas or several Lists of Candidates
1. Each candidate for Seimas member may be entered in the
list of candidates nominated by only one party, political
organisation in a multi-candidate electoral area.
2. The person who is entered in such a list of candidates
shall have the right to be at the same time nominated as a
candidate for Seimas member in one one-candidate electoral area
as well.
3. If a person is on the list of candidates nominated by
more than one party, political organisation in the multi-
candidate electoral area, or if he is nominated in more than one
one-candidate electoral area, the Central Electoral Committee
shall request him to choose in whose list of candidates and in
which one-candidate electoral area he would like to stand for
election. If the candidate does not notify in writing about his
choice with only 35 days remaining to the election, he shall be
struck off all the lists of candidates in a multi-candidate
electoral area and in all one-candidate electoral areas.
Article 43. Joining of the Lists of Candidates
When less than 35 days remain until the election, several
parties, political organisations may join the lists of candidates
nominated by them. In order to do so, they must submit a
statement to the Central Electoral Committee concerning the
joining of lists of candidates, in which the name of a coalition
shall be stated. The joint list in which the candidates are
entered in a newly established succession, as well as the
document confirming that the election deposit for the joining of
the lists of candidates has been furnished shall be submitted as
well. Only those persons can be put down on the joint list who
are on the lists which are being joined together. The name of a
coalition must include the word "coalition" and it cannot contain
any references to the names of the parties, political
organisations which do not form this coalition. The joint list
shall be regarded as one list. The same party, political
organisation may not participate in more than one coalition.
Article 44. The Right to Withdraw or Supplement Electoral
Application
Documents
1. A party, political organisation or election coalition, as
well as a person who has been nominated or who has nominated
himself as a candidate for Seimas member in one-candidate
electoral area or is registered in the list of a political
organisation, may at any time, but no later than 35 days before
the election, declare their application documents fully or
partially withdrawn. A party, political organisation or election
coalition shall notify the Central Electoral Committee about this
by a statement, the citizen - by a statement, confirmed in the
notarial procedure, and the relevant representatives for
elections in the Central Electoral Committee shall be informed
about this. If application documents are withdrawn, the election
deposit may be refunded only after the election, provided it
becomes refundable as provided in Article 41 of this Law. It
shall be allowed to additionally submit new application documents
when altering the sequence of candidates on a list of candidates
or when nominating new candidates in one-candidate electoral
areas.
2. If the application documents are being withdrawn by a
party, political organisation that has formed a coalition, the
candidates nominated by it shall be struck off the joint list of
candidates, and, if the name of the coalition contains a
reference to its name, the name of the coalition shall be
changed. In such case it is necessary to notify in writing the
representatives for elections of the coalition partners in the
Central Electoral Committee. If upon withdrawal of the electoral
application documents, the candidates of only one party,
political organisation remain on the coalition joint list of
candidates, they will participate in the election only as the
nominees of that party, political organisation.
3. If upon withdrawal of application documents or annulment
of the candidates' registration, there are less than 20
candidates left on the list of candidates, the registration of
all the candidates of this list shall be annulled.
Article 45. Publication of the Names and Lists of
Candidates, Beginning
of the Election Campaign
1. With not less than 30 days prior to the election, the
Central Electoral Committee shall publish in the Valstybës Þinios
the lists of candidates of parties, political organisations and
coalitions which participate in the election, numbers furnished
to them by drawing lots, as well as the candidates nominated in
one-candidate electoral areas. The certificates of candidates for
Seimas member shall be delivered to the representative for
elections.
VI. GUARANTIES OF THE ACTIVITIES OF THE CANDIDATES
FOR SEIMAS MEMBER
Article 46. The Right of a Candidate for Seimas Member to
Speak at
Meetings, to Use the Mass Media
1. After the commencement of the election campaign,
candidates for Seimas member shall have the equal right to speak
at voters' meetings or any other meetings, gatherings,
conferences as well as through the mass media, and to publicly
announce their respective election programs.
2. Heads of state power and government institutions must
help candidates for Seimas member to organise meetings with
voters, to obtain necessary information, with the exception of
the information which is considered confidential according to
laws of the Republic of Lithuania and the decrees of the
Government.
Article 47. Liability for the Violation of the Law on the
Elections to
the Seimas
Persons who prevent by force, threat, deception, bribery or
otherwise voters from implementing the right to vote or to be
elected to the Seimas, and to organise campaigning, as well as
the members of electoral committees, other officers who have
falsified election documents, calculated fraudulently the votes,
violated the secrecy of the voting or otherwise violated this
Law, shall be liable under laws of the Republic of Lithuania.
Legal action shall also be instituted against persons who have
publicised or otherwise disseminated false data about a candidate
for Seimas member or prevented a candidate from meeting with
voters.
Article 48. The Right of a Candidate for Seimas Member to be
Relieved
from Work or his Service Duties during the Period
of
Election Campaign
Upon his request, a candidate for Seimas member may be
relieved from work or other service duties for the period of
organising and holding the election to the Seimas, but no longer
than for 1 month.
Article 49. The Immunity of a Candidate for Seimas Member
Without the consent of the Central Electoral Committee,
during the election campaign as well as until the first sitting
of a newly elected Seimas (after the repeat or new election -
until the proclamation of the final election results), a
candidate for Seimas member cannot be found criminally liable,
arrested, neither can administrative penalties be judicially
imposed on him for the actions done during the election campaign.
VII. ELECTION CAMPAIGN
Article 50. The Fundamentals of an Election Campaign
1. The conditions prescribed by this Law to start
campaigning shall be provided for parties, political
organisations and candidates who have nominated themselves from
the day the election campaign starts.
2. Campaigning may be conducted in any form or manner,
provided it does not contradict the Constitution and the laws of
the Republic of Lithuania.
Article 51. Conditions and Procedure for the Use of the Mass
Media
1. Parties, political organisations that have submitted
lists of candidates for elections, candidates in one-candidate
electoral areas, as well as candidates who have nominated
themselves shall be granted the right to use the state and local
authority mass media free of charge. The actual duration and time
of state (national) radio and television programmes allotted for
the campaigning shall be established by the Central Electoral
Committee upon co-ordination with the heads of radio and
television, and shall be distributed in such a manner that the
following principles of equality are preserved: between the lists
of candidates in multi-candidate electoral areas; between one-
candidate electoral areas; between candidates in a one-candidate
electoral area. Each list of candidates shall be provided with no
less than 1.5 hour of the state (national) radio and television
time, and each candidate who has been nominated or has nominated
himself in a one-candidate electoral area - no less that 5
minutes of the state television time and 7 minutes of the state
radio time.
2. The actual time and duration of local authority radio and
television programmes allotted for the election campaign shall be
established by an electoral committee (committees) of an
electoral area, upon the co-ordination with heads of the radio
and television, and shall be distributed in such a manner that
the principles of equality are preserved.
3. The election programme of a list of candidates shall be
published by the Central Electoral Committee within 20 days after
it was submitted.
4. The election programme of the candidate who stands for
election in a one-candidate electoral area shall be published by
the electoral committee of that electoral area no later than 15
days prior to the election. The procedure for publishing election
programmes shall be established by the Central Electoral
Committee .
5. Campaigning in the commercial mass media shall be
restricted only by the size of special election accounts.
6. All disputes concerning the election campaign shall be
settled by the Central Electoral Committee, in compliance with
the fundamentals provided for in the Law.
Article 52. Publicising the Material Discrediting a
Candidate for Seimas
Member and a Countering Opinion of the Candidate
1. If during the election campaign the mass media publicise
the material discrediting a candidate for Seimas member (such
data may be publicised not later than: in a means of the mass
media which is issued more than three times a week, 5 days before
the election, in other means of the mass media - 10 days before
the election, but in all cases the material discrediting a
candidate may be publicised not later than in the last but one
issue of a means of the mass media before the election), it must
provide the candidate with a possibility to express a countering
opinion which consists of a short exposition of the publicised
discrediting material and the candidate's answer. The extent of
the countering opinion usually may not exceed the volume of the
discrediting material more than three times. The means of the
mass media must publicise the candidate's countering opinion
within 7 days after it has been expressed, but not later than 3
days before the election. If the means of the mass media itself
cannot publicise the candidate's countering opinion during the
period of time set by the law, it must with its own funds
publicise the candidate's countering opinion in another means of
the mass media.
2. The material which is aimed to influence voters not to
vote for an individual candidate and which contains the
information negatively describing the candidate shall be
considered the material discrediting the candidate. An opinion
about the candidate publicised in the mass media (unlike the
information, criteria of the truth shall not be applied to an
opinion), negative as well, shall not be considered as the
discrediting material and shall not entitle the candidate for
demand publicising a countering opinion. The candidate's demand
to publicise a countering opinion may not be met also when: the
material is publicised not about him personally; the publicised
material about him is not discrediting; the discrediting material
about the candidate is publicised by him or by another candidate
who is nominated on the same list of candidates or is nominated
by the same party, political organisation; the material contains
no information describing the candidate; the candidate has
already used the right to a countering opinion.
3. If the candidate has duly furnished the countering
opinion to the means of the mass media, but it has not been
publicised, by the decision of the Central Electoral Committee
the candidate's countering opinion shall be broadcast on the
state (national) radio or television and shall be paid for at the
price of advertisements. In this event, the means of the mass
media must pay the Central Electoral Committee two times the
amount of the broadcast cost.
4. If the discrediting material about the candidate has been
publicised during the period of time when it cannot be publicised
according to this Law, by the decision of the Central Electoral
Committee the candidate's countering opinion shall be broadcast
on the state (national) radio or television and shall be paid for
at the price of advertisements. In this event the means of the
mass media must pay the Central Electoral Committee three times
the amount of the broadcast cost.
5. In all cases a countering opinion shall not be publicised
during the period of the prohibition of an election campaign.
Publicising of a countering opinion shall not exempt the means of
the mass media from responsibility under laws of the Republic of
Lithuania.
6. When a countering opinion of the candidate is publicised
by the decision of the Central Electoral Committee, the cost of
publicising established by this Law shall be exacted without suit
from that means of the mass media which has publicised the
material discrediting the candidate during the impermissible
period or has not publicised the candidate's countering opinion.
Article 53. Prohibition to Conduct an Election Campaign
while Abusing
One's Official Position
1. Anyone shall be prohibited from abusing his official
position in state or local authority institutions, offices or
organisations, as well as in the state or local authority mass
media when carrying out an election campaign, from instructing
other persons to do so, or from trying to exert influence upon
the will of voters in any other manner, while using his official
position.
2. If a person is a candidate for Seimas member, he can use
the state or local authority mass media only according to the
procedure set forth in Article 51 of this Law. If the fulfilment
of their duties requires to announce to the mass media important
news, they can do it only at a press conference. The state or
local authority mass media can publicise only a recording of such
conference, which contains no election campaigning.
Article 54. Provision of Finances for Campaigning
1. An election campaign shall be financed from the funds
received from parties, political organisations and candidates for
Seimas member, which are being accumulated in a special election
account opened according to the certificate issued by the Central
Electoral Committee. The maximum amount of money permitted for
campaigning shall be in the amount of 50 AMWs for an individual
candidate in a one-candidate electoral area and 1,000 AMWs for a
list of candidates in a multi-candidate electoral area. If the
amount of money transferred to the appropriate election account
exceeds the established sum, the surplus shall be transferred by
the bank to the State budget.
2. To establish that the expenditures of the election
campaign shall be: the cost of preparing, acquiring, producing or
rendering of events, publications, radio or television
programmes, as well as items or services aimed at influencing the
will of voters to vote for or against a candidate or candidates.
It shall be prohibited to cover these expenditures from other
than these accounts. Election campaign items and services the
cost of which is more than 0,5 AMW cannot be provided free of
charge. Election campaign items and services cannot be provided
giving obvious discounts. Those who desire to support a list of
candidates or a candidate must do this by transferring funds to
special election accounts. If expenditures related to election
campaign items were made before the commencement of the election
campaign, the party, political organisation or the candidate
shall inform the Central Electoral Committee about this, which,
upon evaluating the election campaign items, shall reduce the
maximum amount of funds of the special election account permitted
to be used for the election campaign by the amount of their
expenditure and shall issue a certificate that these items may be
used during the election campaign. The means of the mass media
without the state or local authority capital may indicate which
list (lists) of candidates or which candidate (candidates) it
supports and later publicise their election campaign free of
charge. In this event it shall not be allowed to remunerate the
means of the mass media for publicising such election campaign in
any other way. In the event that single services of the election
campaign, the cost of which is less than 0,5 AMW, are rendered
for free by the supporters of a candidate, a list of candidates
(it shall not be permitted to the individuals specified in
Article 53), they shall not be estimated and shall not change the
maximum amount of the special election account.
3. Upon establishing that during the election campaign the
payment for election campaign items or services has been made not
from the special election account, as well as in cash or
indirectly, the tax inspectorate shall recover without suit the
sum or remuneration (the sum or remuneration which had to be
paid) paid for election campaign items, services from the
receiver thereof and shall transfer to the State budget.
4. The election campaign shall be also financed from the
State funds. A candidate, party, political organisation shall not
pay for the time on state, local authority radio and television
allotted to them under this Law, for the printing of campaign
poster of a candidate in a one-candidate electoral area, as well
as for publishing an election program, lists of candidates in
newspapers, and these expenditures shall not change the maximum
allowable amount of the special election account.
5. The utilisation of funds allocated for campaigning shall
be controlled by tax inspectorates and the Central Electoral
Committee. Parties, political organisations must file with the
Central Electoral Committee reports, the form whereof is
prescribed by the Central Electoral Committee, concerning the
sources of funds and their utilisation for campaigning not later
than within 25 days following the proclamation of final election
results. The Central Electoral Committee shall publish these
reports in the Valstybës Þinios. The candidates of one-candidate
electoral areas shall file with the Central Electoral Committee
reports of the prescribed form not later than within 15 days
following the proclamation of final election results.
6. Special election accounts shall be closed not later than
within 20 days after the proclamation of final election results.
The party, political organisations which have nominated a list of
candidates shall, at their own discretion, use the funds that
have not been used for election campaigning. The funds of the
accounts which have not been timely closed shall be transferred
by the bank to the State budget.
Article 55. Prohibition of Campaigning on the Day of
Election
Campaigning shall be prohibited 30 hours preceding an
election and on the election day, with the exception of permanent
visual campaign material in the places intended for this,
provided that it was displayed at least 48 hours prior to the
beginning of the election. During the period of election campaign
prohibition no visual campaigning material (with the exception of
those issued by the Central Electoral Committee) may be displayed
in a polling place or within 50 meters of the building in which a
polling place is situated.
VIII. PREPARATORY ACTIVITIES OF THE ORGANISATION
OF ELECTIONS
Article 56. Establishment of Election Document Samples
The Central Electoral Committee shall establish the samples
and forms of voter certificates, ballot papers, posters of a
candidate in a one-candidate electoral area and lists of
candidates in a multi-candidate electoral area with the data
about a candidate (candidates), voucher envelopes and outer
envelopes for voting by post, other documents, blanks,
questionnaires, official envelopes, packages, seals used in
elections, as well as the samples for filling them out, if
necessary.
Article 57. Ballot papers
1. During the election to the Seimas, each voter shall be
presented with two ballot papers: one for voting for a candidate
in a certain one-candidate electoral area, and the other for
voting for a list of candidates in a multi-candidate area.
2. The names of candidates for Seimas members shall be
placed on the ballot paper of one-candidate electoral areas in
alphabetic order on the same space and of the same type (types).
Such ballot papers shall indicate the name and surname of each of
the candidates for Seimas member, as well as the name of the
party, political organisation which has nominated him or it shall
indicate "Nominated himself".
3.A ballot paper of a multi-candidate electoral area shall
contain the lists of candidates arranged according to the
provided election numbers in an increasing order on the same
space and of the same type (types). Such type size shall be
chosen which would best fit to fill the space designed for
inscription. A ballot paper shall contain the names of the party,
political organisation, coalition or those which formed it and
the surnames of not less than first ten candidates of the list.
There shall be designated areas beside the surnames where a voter
could express his positive opinion about the candidates entered
in the list he is voting for.
4. The continuation of the candidates' rating table shall be
shown on the other part of a ballot paper of a multi-candidate
electoral area. There shall be designated areas beside the
figures indicating the remaining candidates' number on the list,
where a voter could express his positive opinion about the
remaining candidates who are entered in the list he is voting
for.
5. The voter can express his negative opinion by crossing
out the candidate's surname or the number of the candidate on the
list.
Article 58. Delivery of Ballot papers
1. Electoral committees of electoral areas shall deliver
ballot papers and envelopes to central post offices at least 2
days prior to the beginning of voting by post, ballot papers to
electoral districts - 12 hours preceding the beginning of voting.
2. At the diplomatic missions of the Republic of Lithuania,
voters must be provided with free access to ballot papers and
envelopes for voting by post at least 20 days before the
election, on ships voters must be provided with free access to
the text not less than 15 days prior to the election. On ships
ballot papers shall be printed according to their description
sent by a radiogram.
3. The Central Electoral Committee shall be responsible for
the publishing of ballot papers and envelopes for voting by post,
as well as for keeping of records and delivery thereof without
violating the fixed dates.
Article 59. Preparation of Polling Places
1. A polling place of the electoral district must be
completely prepared for elections not later than 12 hours before
the beginning of voting. The electoral committee must also have
counted all ballot papers received from the electoral committee
of the electoral area and drawn up their acceptance report. In
the polling place of an electoral district there must be a ballot
box , secret voting booth (booths) in which a voter could fill
ballot papers in secrecy. The following material, issued by the
Central Electoral Committee, must be displayed in the polling
place: lists of candidates eligible in a multi-candidate
electoral area; election posters of candidates eligible in a one-
candidate electoral area. The text of this Law must be accessible
in each electoral district. The election campaign material,
except for the material issued by the Central Electoral
Committee, shall be removed from the polling place, passageways
leading to or out of it (corridors) and within 50 metres of the
building in which the polling place is situated. Working places
for the electoral committee members, local election observers
must be also arranged. Upon completion of preparing the polling
place shall be closed, sealed, left under the police protection
and the chairman of the electoral committee of the electoral
district shall inform the electoral committee of the electoral
area about this.
2. Other requirements for the preparation of polling places
shall be established by the Central Electoral Committee.
Article 60. Election Observers
1. Parties, political organisations, as well as candidates
for Seimas member shall have the right to appoint election
observers. An election observer shall be a person bearing the
certificate in the form established by the Central Electoral
Committee. He shall have the right to observe elections conducted
on the territory of that electoral area or electoral district
which is indicated in his certificate. The observer's certificate
shall be issued by:
1) the Central Electoral Committee - to observe elections on
the whole territory of the Republic of Lithuania and the
country's diplomatic missions or only in specific electoral
areas, districts pursuant to the proposal of the Minister of
Foreign Affairs, adviser to the President of the Republic,
requests of the persons representing foreign states or
international institutions, as well as at its own discretion;
2) an electoral committee of an electoral area - to observe
elections on the whole territory of this electoral area, in one
or several electoral districts to citizens of the Republic of
Lithuania who are at least 18 years of age pursuant to the
proposal of the candidate for whom it shall be voted in a multi-
candidate or this electoral area or the request of the local
office of the party, political organisation, in which the
surname, name of the person, personal code, name of the electoral
district (districts) must be indicated.
2. The observer's certificate shall be issued by the
chairman of the electoral committee on behalf of the electoral
committee or by any other member of the committee at the behest
of the committee chairman. It shall not be allowed to refuse to
issue a certificate or delay its issuance, if the person to whom
it should be issued meets the requirements of this Law. All
refusals to issue an observer's certificate shall be reported at
the next committee sitting and an appropriate representative for
elections shall be notified thereof.
3. An election observer shall have the right to demand the
chairman and members of an electoral committee, as well as
persons who are in the polling place should adhere to this and
other laws of the Republic of Lithuania. Electoral committees
must have care of providing an election observer with proper
conditions in the polling place of an electoral district to
monitor the observance of this Law. If an observer violates this
or other laws himself, his observer's certificate shall be
annulled by the decision of the chairman of the electoral
committee of the electoral area, and the members of the electoral
committee, the Central Electoral Committee and an appropriate
representative for elections shall be immediately informed about
the decision.
IX. VOTING
Article 61. Time and Place of Voting
Voting shall take place on the election day from 7:00 a.m.
until 9:00 p.m. in the place designated by the electoral
committee of the electoral district. The voter shall vote in the
electoral district in whose list of voters his name has been
included, unless this Law provides otherwise.
Article 62. Prohibition to Carry out Other Activities in the
Polling
Place
It shall not be allowed to carry out any other activities in
the polling place, except organisation of the election and
voting. It shall also not be allowed to carry out any activities
in the passageways (corridors) leading to or out of the polling
place and at the entrance to the building where the polling place
is situated.
Article 63. Commencement of Voting
On the day of election, the polling place shall be opened
only when at least 3/5 of the members of the electoral committee
of the electoral district are present. Prior to opening of the
polling place for voters, only the electoral committee members,
observers and the policeman on duty can be present in it. The
chairman of the electoral committee, together with the members of
the electoral committee, shall make sure that the ballot box is
empty and shall seal it up. After the electoral committee of the
electoral district checks that the polling place has been
furnished without violation of the established requirements, the
chairman of the electoral committee of the electoral district
shall register the total amount of the ballot papers received by
the electoral committee of the electoral district from the
electoral committee of the electoral area into the vote
calculation record, set the seal on ballot papers, distribute the
voter list and ballot papers among the members of the electoral
committee, register the number of ballot papers distributed among
each member of the electoral committee into the vote calculation
record of the electoral district, and open the polling place for
the voters, thereby proclaiming the commencement of the
elections.
Article 64. Voter Identification
1. At the entrance to the polling place, a voter shall
present his voter certificate, passport or other document proving
his identity and citizenship to an electoral committee member of
the electoral district. Upon having established that the voter
has arrived at the electoral district in whose list of voters his
name has been included, a committee member shall hand the voter
an arrival card indicating which the voter was to come to the
polling place to vote and shall show the committee member to be
applied to for a ballot. It shall not be allowed to hand several
arrival cards to one voter or to hand another voter's arrival
card to him. If upon arriving at the polling place, the person
does not have the required documents or it is not clear whether
he has been registered in the list of voters of this electoral
district, the committee member shall not hand the arrival card to
this person, shall hand him a guest's card and refer him to the
committee chairman or deputy chairman to find out about voting.
2. The committee member who is instructed to hand ballot
papers, having established on the basis of the produced documents
that the person who arrived to vote is indeed the citizen who has
been registered in the list of voters, or provided that two
citizens of the Republic of Lithuania registered in the list of
voters of that electoral district witness to this fact in writing
to the electoral committee chairman, shall find the surname of
the voter on the list of voters, and shall take the voter
certificate and the arrival card from the person. After the voter
and the committee member who hands ballot papers sign in the list
of voters of the electoral district, the voter shall be handed
ballot papers - one for an one-candidate electoral area and the
other for a multi-candidate electoral area. A voter certificate
and arrival card shall not be returned to the voter. In voting by
post, an entry shall be made on the voter certificate concerning
the issue of a ballot paper, and the voter certificate shall be
returned to the voter.
3. It shall be prohibited to hand the voter the ballot paper
of another person. The member of an electoral committee who
violates this provision shall be liable under law.
Article 65. Voting Procedure
1. Having been handed ballot papers, the voter shall go into
the voting booth and mark the ballot papers. It shall be
prohibited to mark ballot papers outside the voting booth.
2. On a ballot paper of a one-candidate electoral area, the
voter shall mark the surname of the candidate for Seimas member
whom he is voting for. On a ballot paper of a multi-candidate
electoral area, the voter shall mark the list of candidates whom
he is voting for.
3. On a ballot paper of a multi-candidate electoral area the
voter may make appropriate marks in the table of candidates'
rating - to express a positive or negative opinion about the
candidate (candidates) included in the list of candidates whom he
has voted for - to cross out the surname of the candidate or the
number of the candidate on the list, and this shall mean voting
for the establishment of a different sequence of candidates on
this list. The voter may not make an evaluation and this shall
mean that the sequence of candidates on this list will not be
changed. If the voter has evaluated positively and crossed out
the same candidate (candidates) or it is impossible to define the
voter's will from the marks made, it shall be considered that the
voter has not made any evaluation.
5. Upon the request of the voter, spoiled ballot papers
shall be exchanged for new ones. After a spoiled ballot paper is
crossed out and signed by the member of the electoral committee
who hands a new ballot paper, the spoiled paper shall be kept
separately.
6. The voter who because of his physical disability is
unable to mark his ballot papers himself, cast them into the
ballot box, may invite another person (with the exception of the
chairman of the electoral committee or its member, or an election
observer) to carry out these actions in his place.
Article 66. Voting by post
1. Voting by post shall be possible at post offices during
their business hours beginning 12 days before the election and
ending 1 day prior to the election, provided the voter is put on
the voter list of the electoral area which is situated in that
town, region, and ending 2 days prior to the election, provided
the voter is not put on the voter list of the electoral area
which is not situated in that town, region. Expenses related to
voting by post shall be covered by the State.
2. The head of the post office shall be responsible for the
organisation of voting by post. He shall be responsible for
keeping of records, issue and collection of ballot papers and
voucher envelopes during voting by post.
3. The head of the post office, with the consent of the
electoral committee of the electoral area, shall appoint postal
workers (officers) for the issue and collection of ballot papers
and voucher envelopes during voting by post, who are entrusted
with the issue of ballot papers and voucher envelopes. If the
electoral committee of the electoral area requests so, the head
of the post office must remove a postal worker from the work with
election documents. Postal workers who are authorised to issue
election papers shall be issued by the electoral committee of the
electoral area the certificates of the established form. An
electoral committee member, election observer, having produced
his certificate to the postal worker, a voter, having produced
the voter certificate and the document proving his identity,
shall have the right to write his remark in this certificate, and
the head of the post office shall immediately notify the
electoral committee of the electoral area about this remark. The
postal worker who does not have this certificate shall not have
the right to issue election papers.
4. Post offices must provide a room (place) where the voter
can, without interference and in secrecy, mark the ballot papers
and put them into a voucher envelope.
5. The postal worker shall issue election documents in
accordance with the procedure established by the Central
Electoral Committee. Together with ballot papers, voters shall be
given envelopes for voting by post. An outer envelope for voting
by post shall be addressed by the postal worker to the electoral
committee of the electoral district which is indicated in the
voter certificate of the person.
6. Voting in secrecy, the voter shall:
5) may put a sheet of paper with the address to which he
requests to send his own voter certificate in the event of the
repeat voting;
7. The outer envelopes, voucher envelopes, and ballot papers
shall be delivered at least 2 days prior to the election by a
postman to the homes of voters who are not able to move. The list
of voters who are unable to move shall be compiled at least 15
days before the elections by the electoral committees of the
electoral district in accordance with the data submitted in
writing by town, regional social guardianship and care
institutions. Postal workers, members of electoral committees or
other persons may not bring outer envelopes, voucher envelopes
and ballot papers to the homes of voters who are not registered
on the list of immobile voters.
8. The sealed outer envelope (with the voter certificate,
voucher envelope and ballot papers in it) the voter may:
9. The postal worker who has delivered the election
documents to the voter can take the envelope from the voter only
the next day. It shall be prohibited to accept from the voter an
outer envelope which is not sealed
Article 67. Voting in Diplomatic Missions
1. Voting in diplomatic missions (consulates) of the
Republic of Lithuania may take place during its business hours,
but for at least 4 hours a day. If the voter requests so, the
diplomatic mission (consulate) may send and accept election
documents from him by post.
2. On the recommendation of the Ministry of Foreign Affairs,
the Central Electoral Committee shall compile the list of
diplomatic missions (consulates) in which voting shall be
conducted and shall establish voting days (no less than 10) for
each diplomatic mission (consulate).
3. The head of the diplomatic mission (consulate) shall be
responsible for the organisation of voting.
Article 68. Voting on a Ship
1. Voting shall take place aboard a ship if the ship leaves
a port of the Republic of Lithuania at least 12 days prior to an
election and does not return until the day of the election, or if
other circumstances are such that a crew member or a board
passenger who has the right to elect is unable to vote in his
electoral district, by post or in a diplomatic mission.
2. The list of ships, on which there are no less than 10
crew members - voters, with which the radio communication shall
be maintained during the voting and on which voting shall take
place, as well as the time of voting on each ship shall be
compiled by the Central Electoral Committee on the recommendation
of the Ministry of Communication in such a manner that each voter
who is aboard a ship is given the opportunity to vote. The
captain of the ship, who is a citizen of the Republic of
Lithuania, shall be responsible for the organisation of voting on
a ship. On a ship it shall not be voted for the rating of the
list of candidates.
3. Voting shall not be organised on ships in which there are
no conditions for organising the voting in accordance with the
requirements of this Law.
Article 69. The Procedure for Voting in Diplomatic Missions
and on Ships
of the Republic of Lithuania
The procedure for voting in diplomatic missions and on ships
of the Republic of Lithuania shall be established by the Central
Electoral Committee.
Article 70. Voting in Medical Treatment Facilities and
Institutions of
Social Guardianship and Care Institutions
1. Special post offices designated for voting shall be
established in medical treatment facilities and institutions of
social guardianship and care. At least 20 days before the
election the electoral committee of an electoral area shall: on
the recommendation of heads of medical treatment facilities,
institutions of social guardianship and care compile the list of
special post offices; on the recommendation of the head of the
post office establish the working hours of these post offices.
The head of the institution or facilities shall allot the place
appropriate for voting and shall be responsible that the voters
are notified about the working place and time of a special post
office, and that the conditions should be created for voters to
reach it.
2. Patients of such facilities and institutions who are able
to move shall vote themselves in the voting place in accordance
with the procedure set forth in Article 66 of this Law.
3. Inmates of medical treatment facilities and institutions
of social care who are unable to move shall be visited by
officers of special post offices.
4. The voting person must, in conditions of secrecy,
personally mark the ballot paper and put it into the voucher
envelope. If necessary, he may be assisted by an individual
(except an employee of that institution or facilities, a postman,
a member of the electoral committee, or an election observer)
whom he trusts.
5. According to the instruction of the head of the medical
treatment facilities or the institution of social guardianship or
care, it may be prohibited to disturb patients who are in bad
condition for the purpose of voting. Such instruction shall be
obligatory to postmen.
6. It shall also be prohibited to disturb an individual for
the purpose of voting, if the commission of doctors has concluded
pursuant to the established procedure of the Ministry of Health
Care that he is incapable of understanding the essence of his
actions and controlling them at the time of voting because of
chronic mental disease, feeble-mindedness, or temporary mental
disorder.
Article 71. Voting in Military Units
1. Special post offices designated for voting shall be
established in military units of the national defence system and
internal service, as established in Article 70.
2. 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 72. Voting in Places of Confinement
1. Special post offices designated for voting shall be
established in places of confinement, as established in Article
2. In accordance with the procedure set forth in the laws,
heads of places of confinement may allow sentenced persons to
vote in the electoral areas of their permanent place of
residence.
X. CALCULATION OF VOTES
Article 73. Calculation of Voucher Envelopes and Ballot
Papers in Post
Offices
1. The records of voucher envelopes and ballot papers shall
be kept by the head of the post office, indicating the data of
said records in a journal specially designated for this purpose
in accordance with the procedure established by the Central
Electoral Committee
2. The post office head shall deliver unused envelopes and
ballot papers to the electoral committee of the electoral area
one day prior to elections.
3. The post office shall deliver envelopes containing ballot
papers marked by voters to electoral committees of electoral
districts on the day of the election, but not later than 2 hours
before the closing of the election.
4. The Central Electoral Committee shall keep records of
voucher envelopes and ballot papers in the Republic of Lithuania.
Article 74. Organisation of Work of an Electoral Committee
of an
Electoral District concerning Vote Calculation
1. The chairman of the electoral committee of the electoral
district shall organise and supervise vote calculation in the
committee. His instructions for vote calculation shall be
compulsory and all persons present in this place must adhere to
them. He must ensure that votes would be calculated in accordance
with the established procedure and shall have the right to warn
any person present in the polling place if he hinders the
committee in its work or does not perform his duties properly.
The committee chairman shall publicly announce the decision. The
decision shall be entered into the vote calculation record, and
shall be signed by the committee chairman. The decision must be
enforced without delay, and if necessary, the electoral committee
may consider it only after the vote calculation record has been
signed.
2. The data which are entered into the record must be
publicly announced in such a manner that all the persons
participating in vote calculation would hear them. If the
validity of the ballot paper or the meaning of the marks in it
raise doubts, the committee chairman shall present it to the
committee members and shall announce voting concerning its
evaluation (if there are several such ballot papers, he shall
produce them one by one). The results of this voting shall be
entered on the empty side of the ballot paper.
Article 75. Keeping of Records of Ballot Papers in Electoral
Districts
1. Upon the closing of a polling place, the chairman of the
electoral committee of the electoral district, in the presence of
at least 3/5 of the members of the electoral committee, shall
seal and stamp the ballot box slot.
2. Unused ballot papers shall be individually collected from
each member of the electoral committee, shall be counted
publicly, the number of them shall be entered into the vote
calculation record. According to signatures in the voter list,
voter certificates, arrival cards, ballot papers which have been
spoiled by voters and returned to be exchanged for blank ballot
papers it shall be inspected if the committee member has handed
all ballot papers lawfully.
3. The electoral committee shall count the unused and
spoiled ballot papers publicly; annul them by cutting off the
upper right corner; put them into the envelopes specially
designated for this purpose and seal these envelopes. The number
of unused or spoiled ballot papers shall be entered in the vote
calculation record.
Article 76. Calculation of Votes of the Voters who have
Voted in the
Polling Place of the Electoral District
1. The electoral committee of the electoral district, in the
presence of at least 3/5 of its members, shall inspect the ballot
box of the electoral district whether the seals have not been
broken and whether there are no other evidences which indicate
that it could have been opened or that ballot papers could have
been removed in any other way. The electoral committee, in the
presence of at least 3/5 of its members, shall decide if the
ballot box has been tampered with. If the committee decides that
the ballot box was tampered with, an act shall be drawn up about
this, the ballot box shall be packed up, the package shall be put
under seal and votes shall not be calculated. The ballot box
shall be delivered to the electoral committee of the electoral
area. The decision concerning calculation of votes of this ballot
box shall be adopted by the electoral committee of the electoral
area.
2. Having ascertained that the ballot box has not been
tampered with, in the presence of at least 3/5 if the members of
the committee as well as observers, it shall be opened, all
ballot papers shall be placed on tables on which there are no
other documents and writing-materials ( except black lead
pencils), and the committee shall start calculating votes. Ballot
papers shall be sorted out according to electoral areas, then -
into valid and invalid ballot papers. Valid ballot papers shall
be divided into groups according to the marks made in them by
voters. Each group of ballot papers must be recounted at least
two times. For the second time ballot papers must be calculated
by other members of the committee.
3. Votes shall be calculated in such a way that all persons
present during the calculation of votes might observe this
procedure and marks made by voters in ballot papers, and be sure
that votes are calculated fairly and honestly.
4. The Central Electoral Committee shall establish the
concrete procedure for the calculation of votes not later than 20
days before the election.
Article 77. Keeping of the Records of Voters who have Voted
by Post and
the Calculation of the Votes
1. After the calculation of ballot papers found in the
ballot box, ballot papers received by post shall be calculated in
the following procedure:
1) the chairman of the electoral committee of the electoral
district shall present, unopened, all outer envelopes received by
post. Their number shall be announced and entered in the vote
calculation record;
3) a voter certificate shall be taken out of the outer
envelope, the voter's surname shall be read aloud, it shall be
checked against the voter list of the electoral district, and the
voucher envelope shall be stamped with the seal of the electoral
district. If the person on the voter certificate is not on the
voter list; if the voter has already signed the voter list
indicating that he has already voted in the electoral district;
if another envelope for voting by post has been received from the
same voter; if there is no voter certificate in the outer
envelope; or if there is more than one voucher envelope in the
outer envelope - the seal shall not be affixed and the ballot
papers in the envelope shall be considered invalid. This fact
must be noted on the voucher envelope (voucher envelopes);
4) in the voter list of the electoral district, the words
"has voted by post" shall be written by the surname of the voter
whose vote has been received by post;
5) the sealed voucher envelope shall be cast into the ballot
box prepared and sealed according to the established
requirements; and
6) when all envelopes received by post have been inspected,
the ballot box shall be opened and the sealed voucher envelopes
shall be opened. If there is more than one ballot paper of the
one-candidate and multi-candidate electoral area in the voucher
envelope, all ballot papers in the envelope shall be considered
invalid. Then the votes received by post shall be calculated
according to the requirements of Article 76.
2. If only one sealed voucher envelope is in the electoral
district (committee), it, in order to protect the secrecy of
voting, shall not be opened, and shall be handed over to the
electoral committee, which has formed this committee, which shall
enter the results of the voting in its vote calculation record.
Article 78. Vote Calculation Records in the Electoral
District
1. Two vote calculation records shall be drawn up in every
electoral district: one of the one-candidate electoral area and
one of the multi-candidate electoral area.
2. The vote calculation record of the one-candidate
electoral area shall include the following:
2) the number of ballot papers of the one-candidate
electoral area received from the electoral committee of the
electoral area;
3) the number of ballot papers delivered to each member of
the committee, the number of ballot papers delivered to voters,
the number of voters' signatures, the number of voter
certificates, and the number of unused and spoiled ballot papers;
9) the number of votes found in the ballot box which have
been separately cast for each candidate for Seimas member;
3. The vote calculation record of the multi-candidate
electoral area shall include the following:
2) the number of ballot papers of the multi-candidate
electoral area received from the electoral committee of the
electoral area;
3) the number of ballot papers delivered to each member of
the committee, the number of ballot papers delivered to voters,
the number of voters' signatures, the number of voter
certificates, the number of unused and spoiled ballot papers;
9) the number of votes found in the ballot box which have
been separately cast for the list of candidates nominated by each
party or political organisation (their coalition);
13) the number of votes received by post which have been
cast for the list of candidates nominated by each party or
political organisation (their coalition);
4. The number of the voters of the electoral district shall
be established according to the voter lists of the electoral
district. The number of the voters who have been delivered the
ballot papers, shall be established according to the voters'
signatures proving that the ballot papers have been received. The
number of the voters who have voted in the electoral district
shall be established according to the number of the ballot papers
found in the ballot box of the electoral district. The number of
the voters who have participated in the election shall be
established according to the number of the ballot papers found in
the ballot boxes of the electoral districts and the number of the
ballot papers received by post.
5. If more ballot papers are found in the ballot box than it
has been delivered to voters, the committee shall take measures
to ascertain the causes. This shall be entered in the vote
calculation record, indicating the number of extra ballot papers
which were found.
6. After all data have been entered into the vote
calculation record of the electoral district and all ballot
papers have been put into sealed packages, the vote calculation
records of the electoral district shall be signed by the chairman
and members of the electoral committee of the electoral district.
After that the observers shall sign the records. Their marks, the
individual opinions of the members of the committee shall be
attached to the records and shall be an inseparable part thereof.
Article 79. Invalid Ballot Papers
1. Invalid ballot papers shall be:
2) ballot papers sealed with the seal of the electoral
committee of the wrong electoral district (ballot papers received
by post - without the seal of the electoral committee of the
electoral area);
4) in a one-candidate electoral area, those ballot papers on
which the voter has marked more than one candidate for Seimas
member, or has not marked any candidate, or it is impossible to
ascertain the voter's will from the mark made thereon; and
5) in a multi-candidate electoral area, the ballot papers on
which the voter has marked more than one list of candidates or
has not marked any list of candidates, or it is impossible to
ascertain the voter's will from the mark made thereon. The ballot
paper cannot be declared invalid because of the marks in the
candidates' rating table or crossing out of the candidates'
surnames.
2. The decision to declare a ballot paper invalid shall be
made by the electoral committee of the electoral district.
Article 80. The Presentation of Documents of the Electoral
District to
the Electoral Committee of the Electoral Area
1. The electoral committee of the electoral district shall
put all ballot papers, as well as invalid and unused ballot
papers, other election documents into packages, inventory them
and affix the seal to them in the manner prescribed by the
Central Electoral Committee. The packages shall be delivered
together with the vote calculation record and its annexes, voter
lists, records of the electoral committee of the electoral
district and financial documentation for the whole period of its
work to the electoral committee of the electoral area within 12
hours of the closing of voting, unless the Central Electoral
Committee provides otherwise.
2. The Central Electoral Committee and the Ministry of
Internal Affairs must ensure the safety of transportation of the
election documents and the persons transporting them.
Article 81. The Calculation of Votes in the Electoral
Committee of the
Electoral Area
1. The electoral committee of the electoral area shall
accept the documents delivered by the electoral committee of the
electoral district and shall check:
3) whether all data have been entered in the vote
calculation record; if they do not contradict one another; if
they correspond to the data available to the electoral committee
of the electoral area (the number of ballot papers issued to the
electoral committee of the electoral district, the number of
voters, the number of outer envelopes received by post); if there
are all necessary signatures; whether all individual opinions of
the committee members, remarks of observers are attached to the
record in which they are specified;
2. The electoral committee of the electoral area shall
immediately report the data of the vote calculation record, its
comments concerning the documents submitted by the electoral
committee of the electoral district to the Central Electoral
Committee, in the manner prescribed by it, and shall ensure the
safety of submitted documents.
3. The packages sealed by the electoral committees of the
electoral districts, which contain ballot papers, may be opened
in the electoral committee of the electoral area only by the
decision of the electoral committee of the electoral area.
4. Upon establishing the shortage of documents submitted by
the electoral committee of the electoral district, the electoral
committee of the electoral area shall take measures to eliminate
the shortage, request the chairman of the electoral committee of
the electoral district to supply the missing documents.
5. The electoral committee of the electoral area shall
calculate the votes in the following manner: sums up the
documents submitted by the electoral committees of the electoral
districts and adds to them those votes cast by the voters by
post, which have been counted in the electoral committee of the
electoral area.
Article 82. The Presentation of Vote Calculation Documents
of the
Electoral Area to the Central Electoral Committee
All documents (except financial documentation) received from
electoral districts, voter lists, the vote calculation record of
the electoral area, the records of the electoral committee of the
electoral area for the whole period of the activities and other
election documents shall be put into special packages and sealed
by the electoral committee of the electoral area. Packages shall
be delivered to the Central Electoral Committee within the time
period established by the Central Electoral Committee.
Article 83. The Participation of Observers in the
Calculation of Votes
and Establishment of Election Results
1. The election observers and also representatives of the
mass media may participate in the calculation of votes in
electoral districts and areas, and also in the establishment of
election results in electoral areas.
2. The observers shall have the right to make remarks and
claims to the appropriate electoral committees concerning the
violations of this and other laws of the Republic of Lithuania,
but they must not hinder the work of electoral committees. The
observers shall have the right to make a written protest to the
electoral committee of the electoral district, which is attached
to the vote calculation record of the electoral district and
delivered to the electoral committee of the electoral area
together with other election documents of the electoral district.
The protest of the election observer to the electoral committee
of the electoral area shall be attached to the vote calculation
record of the appropriate electoral area. The protests shall be
considered by that electoral committee to whom they have been
filed.
Article 84. Publication of the Preliminary Election Results
1. Preliminary election results may be publicised only by
the Central Electoral Committee. If the electoral committee of
the electoral area delivers the preliminary data of the election
results in all electoral districts, the Central Electoral
Committee must immediately prepare a report to the mass media.
This report shall be submitted to the Lithuanian Telegram Agency
in the first place.
2. The representatives of the mass media shall be prohibited
from disseminating the information about vote calculation or
election results by video or sound recording equipment, orally,
in writing, or otherwise, until the report of the Central
Electoral Committee.
Article 85. Complaints against the Decisions of Electoral
Committees
which Have Been Adopted after the Closing of
Voting
1. Parties, political organisations which have nominated a
candidate for Seimas member, candidates for Seimas member, their
representatives for elections, election observers may appeal
against the decisions of electoral committees of electoral
districts concerning the drawing up of vote calculation records
to the electoral committee of the electoral area not later than
within 24 hours of their drawing up. These complaints must be
considered not later than within 24 hours.
2. The decisions of the electoral committee of the electoral
area concerning vote calculation records may be appealed against
to the Central Electoral Committee not later than within 72 hours
following their drawing up and must be considered before the
official proclamation of election results.
3. While considering complaints against the decisions of
electoral committees of electoral districts concerning the
drawing up of vote calculation records, electoral committees of
electoral areas, in the presence of at least 3/5 of the committee
members, may recount ballot papers which are presented by the
electoral committee of the electoral district, and, in the event
of an arithmetical error in the records, incorrectly calculated
valid and invalid ballot papers, the committees shall draw up an
additional vote calculation record of the electoral district and
attach it to the vote calculation record of the electoral
district. The electoral committee of the electoral area shall not
have the right to nullify the vote calculation records of the
electoral committee of the electoral district.
4. While considering the complaint against the decision of
the electoral committee of the electoral area concerning the
drawing up of the vote calculation record of the electoral area,
the Central Electoral Committee may recount ballot papers which
are presented by the electoral committee of the electoral area,
and, in the event of an arithmetical error in the record,
incorrectly calculated valid or invalid ballot papers, shall draw
up an additional vote calculation record of the electoral area,
electoral district and attach it to the vote calculation record
of the electoral area.
5. Parties, political organisations which have nominated
candidates for Seimas member, as well as candidates for Seimas
member, may appeal against the decisions of the Central Electoral
Committee or against the refusal of the Central Electoral
Committee to consider complaints concerning the violations of the
Law on Elections not later than within 24 hours after the
official proclamation of the election results, to the Seimas or
the President of the Republic. In such cases, the Seimas or
President of the Republic shall, not later than within 48 hours,
appeal to the Constitutional Court with the inquiry concerning
the violation of the Law on Elections to the Seimas.
Article 86. Vote Calculation Records of the Electoral
Committee of the
Electoral Area
1. In accordance with vote calculation records, ballot
papers and other documents of electoral districts, the electoral
committee of the electoral area shall establish:
2. The chairman and the members of the electoral committee
of the electoral area shall sign the vote calculation record of
the electoral committee of the electoral area only after
considering individual opinions of the members of the electoral
committees of the electoral districts, remarks of observers and
complaints of voters. The electoral committee of the electoral
area may recommend the Central Electoral Committee to declare the
election in the electoral area invalid.
XI. ESTABLISHMENT AND PROCLAMATION OF ELECTION RESULTS
Article 87. The Establishment of Election Results in One-
candidate
Electoral Areas
1. The election results shall be established by the Central
Electoral Committee after having considered all complaints and
established all election results in this electoral area,
including of the voters who have voted on ships and abroad.
2. Elections shall be considered to have been held in one-
candidate electoral areas if more than 40 percent of the voters
registered in the voter list of that electoral area participate
in the elections.
3. A candidate shall be considered elected when more than
half of the voters participating in the elections vote for him in
the elections.
4. If more than two candidates were standing for election in
the electoral area and none of them are elected to the office of
Seimas member, the Central Electoral Committee, adhering to the
requirements of this Law, shall, within two weeks of the
proclamation of the election results, hold a repeat voting
between the two candidates who received the most votes in the
first voting. After the repeat voting, the candidate for whom
more voters cast votes shall be considered elected. If an equal
amount of votes is cast for both candidates, the candidate for
whom more voters voted in the first round of the election shall
become a Seimas member. If the equal amount of votes was cast for
both candidates in the first round of the election as well, the
older candidate shall become a Seimas member.
5. If, in the electoral area, no more than two candidates
were standing for election and neither of them was elected, the
repeat elections shall be held.
Article 88. The Establishment of the Election Results in a
Multi-
candidate Electoral Area
1. The elections shall be considered to have been held in a
multi-candidate electoral area if more than one fourth of all
voters have participated in them.
2. The list candidates of the party, political organisation
may receive mandates of Seimas member (takes part in the
distribution of mandates) only if at least 5 percent of the
voters participating in the elections voted for it. The joint
list of candidates, drawn up in accordance with Article 43 of
this Law, may receive mandates of Seimas member (takes part in
the distribution of mandates) provided that not less than 7
percent of the voters who participated in the election have voted
for it. If less than 60 percent of all voters who participated in
the election have voted for the lists, taking part in the
distribution of mandates, the list (lists if an equal amount of
votes has been cast for them), which has not taken part in the
distribution of mandates up till then, for whom the majority of
voters have voted shall acquire the right to take part in the
distribution of mandates. The number of lists of candidates which
have the right to participate in the distribution of mandates
shall be further increased in the same manner until not less than
60 percent of all the voters who participated in the election
shall have voted for the lists of candidates participating in the
distribution of mandates.
3. Mandates for lists of candidates shall be distributed
according to the number of votes received by each of them,
applying the method of quotas and remainders.
4. At first, the quota shall be counted, that is, how many
votes are needed to receive 1 mandate. It shall be equal to the
sum of votes, divided by 70, cast by voters for the lists
participating in the distribution of mandates. If when dividing,
a remainder is received, 1 shall be added to the quotient.
5. The amount of votes cast for each list shall be divided
by the quota. The received integer quotient shall be the number
of mandates for each list according to the quota and the
remainders of this division shall be used to distribute the
remaining mandates according to the remainders. Therefore, all
names of the lists shall be written down in succession in which
the first follows the last, according to the size of the
remainders of the dividing received by the lists, beginning with
the largest. If the remainders of two lists are equal, the first
written down shall be the list which have received more votes of
voters and if these numbers are also equal, the first written
down shall be the list which has received more mandates in all
one-candidate electoral areas. If the number of mandates is also
equal, the first written down shall be the list which possesses
the smaller election number. The mandates which have not been
distributed when distributing by the method of quotas shall be
distributed by one to the lists according to the succession,
beginning with the list which was written down first.
6. If one of the lists received the larger number of
mandates than there were candidates on the list, these mandates
would be distributed to other lists, further continuing the
dividing thereof by the method of remainders.
7. Candidates of the same list shall receive mandates in the
numerical order established by the Central Electoral Committee
which has established the rating of candidates. Those candidates
who are elected in one-candidate electoral areas shall be omitted
from the list.
8. If the party, political organisation, coalition submits
together with the application documents the request that the
rating of their candidates should not be established, voters
shall be notified about this in advance, indicating this in a
ballot paper and the rating of candidates shall not be counted,
and the registered sequence of candidates on the list shall be
considered final.
Article 89. Calculation of the Rating of Candidates for
Seimas Member
and Establishment of the Final Order of Lists
1. The Central Electoral Committee shall calculate the
rating of candidates for Seimas member and shall establish a
final succession of lists.
2. At first it shall be calculated how many voters have
expressed a positive opinion about the candidate, how many of
them crossed his surname out and how many voters have not
expressed any opinion about the candidate in the rating table.
Marks beside the surnames of the candidates from other lists for
whom the voter has not voted shall not be calculated.
3. Then the points of the rating received by each candidate
for Seimas member shall be calculated, which are equal to the
product of two numbers - the first factor (election rating) and
the second factor (party's rating). The first factor (election
rating) shall be obtained by adding the number of voters who have
positively evaluated this candidate to the number of voters who
have voted for the list containing the surname of the candidate,
and subtracting the number of voters who have crossed out the
surname of this candidate. The second factor (party's rating)
shall be obtained by adding one to the number of candidates on
that list which contains the surname of this candidate, and
subtracting the candidate's number on the list.
4. The final order of candidates for Seimas member on the
lists shall be established according to the points of the rating
received by each candidate. The first written down in the
succession shall be the candidate who have received more points
of the rating. In the event that several candidates receive the
equal amount of the rating points, then the first written down
shall be the candidate whose election rating is higher. If the
election ratings of candidates are also equal, than the first
written down shall be the candidate whose party's rating is
higher.
5. The final succession of the lists of candidates for
Seimas member shall be publicised by the Central Electoral
Committee on the same day as the results of a repeat voting in
one-candidate electoral areas.
Article 90. The Declaration of the Election as Invalid
1. The Central Electoral Committee may declare the election
results in the electoral area invalid if it establishes that
severe violations of this Law which were committed in the
electoral district or electoral area, the falsification of
documents or the loss thereof had an essential influence on the
election results, and the following essential results cannot be
determined from the vote calculation records or other election
documents:
in a one-candidate electoral area - the candidate who gets a
mandate or the candidates who will participate in a repeat
voting;
in a multi-candidate electoral area - the list of candidates
which take part in the distribution of mandates, or the number of
mandates due to the list of candidates can be determined at the
exactness of only more than one mandate.
2. The election cannot be declared invalid if the
indisputably determined election results allow to determine
essential election results.
Article 91. Repeat Elections
1. Repeat elections shall be held:
2. Repeat elections shall be held not later than within half
a year, and after the repeat election which have not been held -
not later than within a year.
3. The concrete procedure for holding repeat elections
according to the requirements and terms set for holding elections
to the Seimas shall be established by the Central Electoral
Committee taking into consideration the fact that a repeat
election is held in one of the one-candidate electoral areas.
When establishing the procedure for holding the repeat election,
the Central Electoral Committee cannot change the boundaries of
electoral areas. The citizens, permanently residing on the
territory of an electoral area who are aged 18 or over on the day
of the repeat election shall be additionally registered in the
voter list of this electoral area, and only the persons who have
lost the right to vote shall be crossed out. The voting shall not
be conducted abroad, on ships (with the exception of the case
when the voters residing abroad or the crews of ships are
registered in the voter lists of the electoral area in which a
repeat election shall be held), in the post offices which are not
located on the territory of this electoral area (except the
central post offices of towns, regions).
4. Repeat elections shall not be held if the election date
planned to be announced falls within the period when less than
half a year remains before the expiration of the powers of the
Seimas
Article 92. Establishment and Proclamation of the Final
Election Results
1. The Central Electoral Committee shall establish the final
election results after it has considered all complaints and
established all election results in this electoral area,
including of the voters who have voted on ships and abroad
2. The Central Electoral Committee shall proclaim the final
election results in a one-candidate electoral area not later than
within 7 days following the election, and in a multi-candidate
electoral area - from the repeat elections in one-candidate
electoral areas. It shall announce these results to the
Lithuanian Telegram Agency in the first place and shall publish
in the next issue of the Valstybës Þinios.
3. The Central Electoral Committee shall within three months
from the proclamation of the final election results issue a book
about the election results and shall within four months transfer
the vote calculation records of electoral districts and electoral
areas, application documents (except the forms for the collection
of signatures), minutes of the sittings and the decisions of the
Central Electoral Committee, as well as the collection of samples
of election documents to the State Archives for unlimited safe
keeping. After that it may decide to destroy the election
documents which are not subject to safe keeping.
Article 93. The certificate of Seimas Member
1. After the proclamation of election results the Central
Electoral Committee shall issue certificates of Seimas member to
the elected candidates within 3 days.
2. All disputes concerning the non-issuance of the
certificate of Seimas member shall, not later than within 3 days,
be settled by the Vilnius county court whose decision shall come
into force from the moment of its announcement.
Article 94. Inquiry Concerning the Violation of the Law on
Elections to
the Seimas
1. Not later than within 3 days of the official proclamation
of the election results or the announcement of the decision of
the Central Electoral Committee concerning occurring or filling a
vacancy in the Seimas, the Seimas of the Republic of Lithuania as
well as the President of the Republic may appeal to the
Constitutional Court with the inquiry whether the Law on
Elections to the Seimas has been violated.
2. The Constitutional Court shall investigate and evaluate
the decision of the Central Electoral Committee or its refusal to
consider complaints concerning the violations of the Law on
Elections to the Seimas in those cases when decisions have been
adopted or another deed of the Committee has been performed after
the closing of voting.
3. This inquiry shall be investigated by the Constitutional
Court not later than within 72 hours of its submission to the
Constitutional Court. Non-working days shall be included in this
period.
4. Basing itself on the findings of the Constitutional
Court, the Seimas of the Republic of Lithuania shall adopt the
final decision concerning the violation of the Law on Elections
to the Seimas.
5. If the Constitutional Court makes a conclusion that the
Law on Elections to the Seimas has been severely violated or
election documents have been falsified and this has had an
essential influence on the establishment of the election results,
the Seimas of the Republic of Lithuania may pass one of the
following resolutions:
1) to declare the elections in the one-candidate or multi-
candidate electoral area invalid - when, from the vote
calculation records, it is impossible to establish essential
election results; or
7. If the Constitutional Court makes a conclusion that the
essential election results established by the Central Electoral
Committee are incorrect or its actions are not in compliance with
this Law, the Seimas shall concurrently adopt a resolution to
terminate the powers of the members and the chairman of the
Central Electoral Committee before the expiration of the term and
shall not later than within 7 days form a new Central Electoral
Committee.
Article 95. Recognising the Powers of a Seimas Member as
Terminated
The Central Electoral Committee shall recognise the powers
of a Seimas member terminated, with the exception of the cases
provided for in paragraph 6 of Article 94 of this Law, not later
than within 15 days after the occurrence of a cause for it:
2) upon the resignation of a Seimas member - according to
the resignation statement written by the Seimas member himself.
The Seimas member must repeat this statement himself during a
sitting of the Central Electoral Committee. If because of the
health conditions the Seimas member is unable to attend the
sitting, the sitting shall be held in the place where the Seimas
member is at that time;
3) when the court declares a Seimas member legally
incompetent - according to the effective decision of the court;
4) when the Seimas revokes the mandate of a Seimas member in
accordance with impeachment proceedings - according to the
effective resolution of the Seimas;
5) if a Seimas member takes up, or does not resign from
employment which is incompatible with the duties of Seimas
member;
6) if a Seimas member loses citizenship of the Republic of
Lithuania - according to the effective legal act concerning the
loss of citizenship; and
7) if a Seimas member does not take an oath in the manner
prescribed by the law or takes a conditional oath - according to
the effective resolution of the Seimas.
Article 96. Filling a Vacant Seat in the Seimas
Upon recognising the powers of a Seimas member as
terminated, a vacancy occurs in the Seimas. It shall be filled in
the following manner:
1) if the former Seimas member was elected in a one-
candidate electoral area, new elections shall be organised in
this electoral area. New elections must be held not later than
within 6 months. The elections shall not be held if the election
date planned to be announced falls within the period when less
than half a year remains before the expiration of the powers of
the Seimas. The Central Electoral Committee shall establish the
concrete procedure for holding new elections according to the
requirements and terms established by this Law, taking into
consideration the fact that new elections are held in one of the
one-candidate electoral areas. When establishing the procedure
for holding new elections, the Central Electoral Committee cannot
change the boundaries of an electoral area. The citizens,
permanently residing on the territory of an electoral area who
are aged 18 or over on the day of the new elections shall be
additionally registered in the voter list of this electoral area,
and only the persons who have lost the right to vote shall be
crossed out from the list . The voting shall not be conducted
abroad, on ships (with the exception of the case when the voters
residing abroad or the crews of ships are registered in the voter
lists of the electoral area in which new elections are held), in
the post offices which are not located on the territory of this
electoral area (except the central post offices of towns,
regions);
2) in a multi-candidate electoral area the top unelected
candidate from the list of candidates in which the former Seimas
member was elected to the presently vacant seat shall become a
Seimas member. If there are no candidates in this list of
candidates who have not received mandates of Seimas member, the
mandate of Seimas member shall be transferred to another list
according to the sequence of the lists of candidates which was
established after the election for the distribution of mandates
by the method of remainders, that is to the list following the
list which was the last to receive the mandate according to this
sequence. So the first unelected candidate on the list which has
newly received a mandate shall become a Seimas member. The
Central Electoral Committee must adopt the decision concerning
recognition of the mandate of Seimas member for a new Seimas
member not later than within 7 days after the occurrence of a
vacant seat in the Seimas.
Article 97. Loss of the Mandate of Seimas Member because of
the Co-
operation with the Special Services of Foreign
States, which
has not been Publicly Announced to Voters
1. Each candidate for the post of Seimas member must
publicly announce about his conscious co-operation with the
special services of foreign states, provided that he was not
thereby carrying out the assignments of the Republic of
Lithuania. He shall indicate this fact in the questionnaire for a
candidate for Seimas member. An election poster of a candidate
for Seimas member, issued by the Central Electoral Committee, as
well as a poster with the list of candidates must contain the
following notice beside the surname of the candidate: "Has
consciously and not on the instruction of the Republic of
Lithuania co-operated with the special services of a foreign
state".
2. If the candidate fails to indicate this and a court's
decision is valid, whereby a fact having juridical meaning is
established that he consciously co-operated with the KGB or other
foreign special services which was not related to carrying out
the assignments of the Republic of Lithuania, the Central
Electoral Committee shall not register him, and in the event it
has already registered him a candidate for Seimas member, the
Central Electoral Committee shall immediately cancel his
registration as a candidate for Seimas member. If the candidate
has not indicated it and after the election to the Seimas his
conscious co-operation with the KGB or other 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 Seimas member powers shall be terminated
from that day forward."
Article 2. The Entry into Force of Article 38, Paragraph
1, Item 9 ,
Article 41, Paragraph 3, and Article 96, Item 2 of
the Law
on Elections to the Seimas
Article 38, par.1, item 9, Article 41, par. 3, and Article
96, item 2 of the Law on Elections to the Seimas shall enter into
force upon the expiration of the term of the powers of the Seimas
members who were elected in 1992.
I promulgate this Law passed by the Seimas of the Republic