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Republic of Lithuania Law on Presidential Elections


Published: 2013-07-11

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REPUBLIC OF LITHUANIA

LAW ON PRESIDENTIAL ELECTIONS

 

7 November 2013   No XII-586

Vilnius

 

 

CHAPTER ONE

GENERAL PROVISIONS

 

Article 1. Basis for Election of the President of the Republic

Citizens of the Republic of Lithuania shall elect the President of the Republic for a five-year term on the basis of universal, equal and direct suffrage and by secret ballot.

 

Article 2. Right to Stand as a Candidate for President of the Republic

1. Any person who is a citizen of the Republic of Lithuania by birth, who has lived in Lithuania for at least the past three years, provided he has reached the age of 40 prior to polling day, and is eligible for election as member of the Seimas of the Republic of Lithuania (hereinafter: 'Seimas member') may be elected President of the Republic.

2. A person who has grossly violated the Constitution of the Republic of Lithuania (hereinafter: 'the Constitution') or broken the oath and who has been removed from office or his mandate of the Seimas member has been revoked by the Seimas in accordance with impeachment proceedings, may not be elected President of the Republic.

3. The same person may be elected President of the Republic for not more than two consecutive terms.

 

Article 3. Information about Relations with Foreign Special Services (Structures)

1. After the Central Electoral Commission of the Republic of Lithuania (hereinafter: 'the Central Electoral Commission') has adopted a decision to issue forms for the collection of voter signatures to an individual who nominates himself or is nominated as a candidate for President of the Republic, he must, before he is registered as a candidate for President of the Republic, submit to the Central Electoral Commission the information about his work with the NKVD, NKGB, MGB, KGB of the USSR or the former Soviet republics as well as with other corresponding services (structures) of other foreign states, studying at schools of the said services (structures) or about collaboration with the said services (structures). An individual who nominates himself or is nominated as a candidate for President of the Republic shall enter this information into a questionnaire. It must specify the name and subordination of the service (structure), individual’s position, rank and functions, time and place of work or studies, awards. The Central Electoral Commission shall set out the format of a questionnaire. Data contained in the questionnaire shall be available to the public. If an individual who nominates himself or is nominated as a candidate for President of the Republic indicates in a questionnaire the information specified in the present paragraph of this Article, the Central Electoral Commission must make public such questionnaire within 24 hours after its submission.

2. If an individual who nominates himself or is nominated as a candidate for President of the Republic has not submitted to the Central Electoral Commission a filled-in questionnaire prior to the registration as a candidate for President of the Republic, the Central Electoral Commission shall make public this fact not later than within 24 hours after his registration as a candidate for President of the Republic.

3. A candidate for President of the Republic must announce in his every video or audio election campaign material about his work, studying or collaboration with the services (structures) specified in paragraph 1 of this Article.

4. If the Central Electoral Commission receives written information that the data provided in a questionnaire are wrongful, concealed or that a filled-in questionnaire has not been submitted, as well as that an individual who nominates himself or is nominated as a candidate for President of the Republic or a candidate for President of the Republic worked, studied in the services (structures) specified in paragraph 1 of this Article or collaborated with them and establishes that the related data are not included in a questionnaire, it must within 48 hours notify the individual who nominates himself or is nominated as a candidate for President of the Republic or the candidate for President of the Republic about the received information and offer him to provide explanations.

5. If an individual who nominates himself or is nominated as a candidate for President of the Republic or a candidate for President of the Republic agrees to the information received by the Central Electoral Commission, he must immediately enter additionally this information on his questionnaire and, in the event the questionnaire has not been filled in, he must fill it in and enter the indicated information thereon. The Central Electoral Commission must, not later than within 24 hours, make public this information.

6. If an individual who nominates himself or is nominated as a candidate for President of the Republic or a candidate for President of the Republic does not agree to the information received by the Central Electoral Commission, does not arrive at the Central Electoral Commission when invited or refuses to provide explanations regarding the received information, the Central Electoral Commission may, when necessary, approach the persons who provided the said information as well as other institutions or organisations, requesting to provide additional data or documents.

7. Having considered the received information, the Central Electoral Commission must take one of the following decisions:

1) to declare the received information groundless;

2) to appeal to the Supreme Administrative Court of Lithuania with an application to establish a fact that the individual who nominates himself or is nominated as a candidate for President of the Republic or the candidate for President of the Republic has included in the questionnaire the wrongful data about his work, studying in the services (structures) specified in paragraph 1 of this Article or collaboration with them, or has concealed these data.

8. In all cases the Central Electoral Commission must, not later than within five working days from receipt of the information, take a decision and make it public within 24 hours from its adoption.

9. The Supreme Administrative Court of Lithuania shall consider the application of the Central Electoral Commission within 72 hours and take a decision. This decision shall become effective from the date of its pronouncement.

10. The Central Electoral Commission shall within 24 hours make public the effective decision of the Supreme Administrative Court of Lithuania.

11. If the Central Electoral Commission receives the information specified in paragraph 1 of this Article later than 12 days left before an election, a candidate for President of the Republic shall not be notified about this information and the Central Electoral Commission shall not consider it.

12. The Central Electoral Commission may make public the fact established by the Supreme Administrative Court of Lithuania not later than 72 hours left before the beginning of voting.

 

Article 4. Universal Suffrage

1. Citizens of the Republic of Lithuania who are 18 years of age or older on polling day shall have the right to vote for a President of the Republic. Citizens of the Republic of Lithuania who have been declared legally incapable by the court shall not participate in an election.

2. Any direct or indirect abridgement of the right of citizens of the Republic of Lithuania to vote on the grounds of their sex, race, nationality, language, descent, social status, religion, convictions, or views shall be prohibited.

 

Article 5. Equal Suffrage

Every citizen of the Republic of Lithuania who has the right to vote for a President of the Republic shall have one vote in an election.

 

Article 6. Direct Election of the President of the Republic

Voters shall elect President of the Republic without mediators.

 

Article 7. Secret Ballot

Voters shall vote in person and by secret ballot. It shall be prohibited to control the will of voters in an election.

 

Article 8. Prohibition to Bribe Voters and Persons Eligible to Vote

1. During the political campaign of presidential election, i.e. from the announcement of a date of presidential election until the end of election campaign as set out by this Law as well as on polling day it shall be prohibited to directly or indirectly buy votes, to induce by offering gifts or other rewards a voter or a person eligible to vote to attend or not to attend presidential election and (or) to vote for or against one or another person to be nominated, a candidate for President of the Republic, as well as to promise to reward voters for voting after an election with the purpose to affect the will of citizens regarding particular candidates for President of the Republic and thus hinder citizens from implementing their right to elect President of the Republic.

2. Production or distribution free of charge to voters of the printed matter (a programme, biography of a person to be nominated as a candidate for President of the Republic, a candidate for President of the Republic, or other leaflets, calendars, postcards, stickers of information character) and things of minor significance (the price of which does not exceed LTL 5) marked with the symbols of the candidate or the party which nominated him and declared with the Central Electoral Commission in accordance with the procedure laid down by it and intended for propagating a person to be nominated as a candidate for President of the Republic, a political party (hereinafter: 'party') who has nominated a candidate for President of the Republic or a candidate for President of the Republic shall not be considered as bribery of voters.

3. Municipal electoral committees shall, in accordance with the procedure laid down by the Central Electoral Commission, examine the facts of bribery of voters or persons eligible to vote and the Central Electoral Commission shall evaluate such facts. The Central Electoral Commission shall make public the established facts of bribery on its website together with a pledge of the candidate for President of the Republic who has violated this Article to adhere to the prohibition to bribe voters or persons eligible to vote. After the recognition of the facts of bribery as a grave violation of this Law, the consequences defined in this Law and other laws shall arise.

 

Article 9. Openness of Preparation and Conduct of an Election

1. State institutions and electoral committees shall publicly prepare and conduct an election of the President of the Republic. Public notice must be given of the events (meetings, sittings) related to the organisation of an election at least 12 hours prior to the commencement of the event (meeting, sitting).

2. Electoral committees shall inform citizens about their work, the formation of polling districts, the composition of the electoral committees, their location and business hours, the electoral rolls, the results of candidate registration to the post of President of the Republic; and the voting and election results.

3. The mass media shall inform the public about the organisation and the course of presidential election.

4. Representatives of all mass media shall have the right to unrestricted participation in all events organised by the electoral committees, attendance of all sittings of the electoral committee as well as the acquisition of information from the electoral committees concerning the organisation and the course of presidential election.

 

Article 10. Expenditure Related to the Preparation and Conduct of an Election

Expenses related to the preparation and conduct of an election of the President of the Republic shall be covered by the State and local authorities. The expenditure of electoral committees related to the organisation and conduct of an election shall be covered and the work of voting commission members and service staff shall be paid from the state budget. Maintenance of offices and polling stations of electoral committees of municipalities and polling districts, expenditures related to acquisition and keeping of the equipment of polling stations shall be paid with municipal funds. If a municipality fails to provide adequate premises and supplies for the office of a polling district and a polling station, state funds shall be used for this purpose by the decision of the Central Electoral Commission.  In this event the actual expenses relating to polling stations and equipment shall, within two months after the election of the President of the Republic, be exacted without suit by the Central Electoral Commission from the local authority. Expenses related to transporting voters to polling districts to vote where this is organised in accordance with the procedure laid down by the Central Electoral Commission shall be paid from the state and municipal budgets.

 

SECTION II

ORGANISATION OF AN ELECTION

 

Article 11. Formation of Polling Districts

1. With a view of making it more convenient for voters to reach a polling station and with account of the number of voters, the territories of municipalities shall be divided into polling districts.

2. The division of the territory of a municipality into polling districts shall be approved and changed by the Central Electoral Commission on the recommendation of the director of the municipal administration. The list of the approved polling districts and the amendments thereof shall be published by the Central Electoral Commission on its website.

3. No more than 5 000 voters must reside within the territory of a polling district.

4. The boundaries of a polling district shall be adjusted and the address of a polling station shall be changed when necessary, but no later than 100 days before an election. In his recommendation to approve the division of the territory of a municipality into polling districts, the municipal administration director shall specify the proposed name of a polling district, the addresses which are within a polling district, the number of voters in a polling district which is being formed, the address and telephone number of a polling station. The recommendation on changes in the division of the territory of a municipality into polling districts shall specify the proposed changes. No later than 100 prior to an election the director of the municipal administration shall also inform the Central Electoral Commission about new addresses, changed addresses or addresses which are no longer existent as well as approve the addresses and telephone numbers of the polling stations. The director of the municipal administration shall submit the proposals and recommendations provided for in paragraph 2 of this Article and in this paragraph to the Central Electoral Commission in accordance with the procedure laid down by it.

5. When an early election of the President of the Republic under Article 87 of the Constitution or an election of the President of the Republic under Article 89(1) of the Constitution is held within two months from the announcement of an election date, the Central Electoral Commission may change the boundaries of polling districts and the addresses of polling stations not later than 50 days before an election. If the said election is held earlier than within two months from the announcement of an election date, the boundaries of polling districts shall not be changed.

 

Article 12. Electoral Commission and Electoral Committees

1. Elections of the President of the Republic shall be organised and conducted by:

1) the Central Electoral Commission;

2) municipal electoral committees; and

3) polling district committees.

2. Members of electoral committees may not be candidates for President of the Republic or agents of such candidates.

3.  A citizen of the Republic of Lithuania who is of good repute, 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 polling day), has the higher education and has not been removed from an electoral committee during the last three years for the violations of election laws or the Law on Referendum may be proposed to an electoral committee. The requirement to have higher education shall not apply to a member of an polling district committee, the chairman of a polling district committee who has the experience of working as an electoral committee member or chairman; the said requirement shall not apply to a member or chairman of a municipal electoral committee who has the experience of working as a member or chairman of a municipal electoral committee. The Central Electoral Commission shall, in accordance with the procedure laid down by it, organise trainings for members and chairmen of electoral committees.

4. A person shall not be considered of good repute if:

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

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

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

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

 

Article 13. Formation of Municipal Electoral Committees

1. The Central Electoral Commission shall, for the period of an election, form municipal electoral committees not later than 74 days in advance of an election.

2. Municipal electoral committees shall comprise:

1) a person nominated by the Minister of Justice, having a higher education degree in law, who resides or works in the territory of that municipality;

2) persons nominated by the Lithuanian Lawyers’ Association, having a higher education degree in law, who reside or work in the territory of that municipality;

3) one career civil servant who works in the administration of that municipality and who is nominated by the director of the administration of that municipality;

4) persons nominated by parties which have received the mandates of the Seimas member in the multi-member constituency.

3. The Minister of Justice, the Lithuanian Lawyers’ Association and the directors of the municipal administrations may propose more candidates.

4. Parties which have received the mandates of the Seimas member in the multi-member constituency according to the list (joint list) of candidates shall each have the right to nominate one representative to municipal electoral committees from one list of candidates nominated in this constituency. If the representatives meet the requirements of this Law, the Central Electoral Commission may not reject the said candidates. In the event that candidates for membership have not been proposed, the Central Electoral Commission may additionally appoint as members of municipal electoral committees the candidates proposed by the Minister of Justice, the Lithuanian Lawyers’ Association or the director of the municipal administration.

5. In all cases, at least three committee members must be the persons appointed to municipal electoral committees from the candidates proposed by the Minister of Justice, the Lithuanian Lawyers’ Association and the director of the municipal administration. If these people make up less than three members of the committee, the committee shall be enlarged from the persons proposed by the Minister of Justice or the Lithuanian Lawyers’ Association, or the director of municipal administration.

6. If an election to the office of President of the Republic and to the Seimas or to municipal councils, or to the European Parliament, or a referendum are concurrently held on the same day, the same polling district committees or referendum committees shall be formed. The Central Electoral Commission shall form a single – municipal electoral, constituency electoral or referendum – commission on a separate electoral or referendum territory and shall define its functions in organising and carrying out other elections or referendum.

7. The Central Electoral Commission shall appoint chairman of a municipal electoral committee from the committee members. A person who has got experience of working as the chairman or member of the Central Electoral Commission or a municipal electoral committee, or a constituency electoral committee or who has got experience of working as the chairman of a polling district committee shall be appointed as the chairman of a municipal electoral committee.

8. During its first meeting, a municipal electoral committee shall elect a deputy chairman and a secretary of the committee.

9. When an early election of the President of the Republic under Article 87 of the Constitution or an election of the President of the Republic under Article 89(1) of the Constitution is held within two months from the announcement of the election date, the Central Electoral Commission shall, not later than 50 days left to an election, set up municipal electoral committees. If the said election is held earlier than within two months from the announcement of the election date, such fifty-day time limit shall be reduced by the number of days lacking to constitute a two-month time limit.

 

Article 14. Powers of Municipal Electoral Committees

A municipal electoral committee shall:

1) in accordance with the procedure laid down by the Central Electoral Commission, inform  the voters residing within the municipality about the  boundaries of polling districts, offices of the electoral committees, working hours and polling stations;

2) supervise the implementation of this Law in the municipality;

3) form polling district committees;

4) within the limits of the estimate of the municipal electoral committee approved by the Central Electoral Commission, approve estimates of expenses of polling district committee and control the use of funds assigned in these estimates;

5) register election observers and issue certificates to them;

6) make up a list of health care (except out-patient) facilities, social care institutions, military units, arrest houses, remand prisons (detention facilities) and penitentiary institutions situated in the territory of a municipality, and together with the head of the post office have care of the organisation of postal voting in those places, as well as organise early voting;

7) draw up a vote counting record, establish voting results and transfer them for approval to the Central Electoral Commission;

8) consider complaints against decisions and actions of the polling district committees and adopt decisions concerning them; and

9) in accordance with the procedure laid down by the Central Electoral Commission, conduct monitoring of political advertising on the territory of a municipality during the election campaign and submit the monitoring data to the Central Electoral Commission;

10) exercise other powers provided for in this Law.

 

Article 15. Formation of Polling District Committees

1. No later than 65 days prior to an election, a municipal electoral committee shall set the number of members of an electoral committee of each polling district that must be a multiple of the number of the parties having the right to nominate candidates to electoral committees. If the number of nominated candidates is insufficient or there is a vacancy in the committee, the director of the administration of the municipality on the territory of which the polling district is formed may nominate lacking candidates.

2. The following shall have the right to propose an equal number of candidates to a polling district committee:

1) each party or coalition of the parties which received the mandates of the Seimas member in a multi-member constituency during the last election to the Seimas. If a party received the mandates of the Seimas member while in a coalition, it may nominate candidates together with the parties of the coalition;

2) a party or a coalition of the parties which received the mandates of the municipal councillor from the list of nominated candidates (joint list) in the election to a municipal council. If a party received the mandates of the municipal councillor while in the coalition, it may nominate candidates together with the parties of the coalition.

3. If a party may nominate candidates on the basis of the results of both the election to the Seimas and the municipal election, it shall, at choice, nominate candidates on the basis of the results of only one of these elections. If one of the parties which have participated in the election coalition does not nominate candidates or refuses to nominate them, or chooses to nominate candidates according to the results of the elections other than those for which the coalition was formed, other parties which have participated in this coalition shall have the right to nominate candidates in its absence.

4. Parties shall submit their lists of candidates to a municipal electoral committee no later than 48 days prior to an election.

5. Polling district committees shall, for the period of an election, be formed by municipal electoral committees no later than 45 days before an election. If a candidate nominated by the party meets the requirements of this Law, the municipal electoral committee may not turn him down.

6. If no candidates have been nominated or the nominated candidates do not meet the requirements of this Law, or they have been nominated after the expiration of the set time limit, a municipal electoral committee may decrease the earlier fixed number of members of a polling district committee or address the director of the municipal administration to nominate the lacking number of candidates for the polling district committee. Persons proposed by the director of the municipal administration may not be or become members of the parties prior to the expiration of the powers of the electoral commission member. If at the meeting where a member of the polling district committee is appointed at least three members of the municipal electoral committee object to the appointment of the person nominated by the director of the municipal administration, that person may not be appointed a committee member.

7. Chairmen of polling district committees shall be appointed from among the committee members by municipal electoral committees. A person who has got the experience of working as the chairman or a member of an electoral committee or a person who has higher education shall be appointed as the chairman of a polling district committee.

8. During its first meeting a polling district committee shall elect a deputy chairman and a secretary of the committee.

9. When an early election of the President of the Republic under Article 87 of the Constitution or an election of the President of the Republic under Article 89(1) of the Constitution is held within two months from the announcement of an election date, municipal electoral committees shall, not later than 45 days before an election, establish the number of members of each polling district committee. Parties shall submit to municipal electoral committees the lists of candidates for members of polling district committees no later than 42 days prior to an election. Polling district committees shall be set up not later than 40 days left to an election. An electoral committee member who does not give a written pledge longer than seven days after the appointment or who gives a written pledge with the reservation, shall lose his powers in the electoral committee. If an early election of the President of the Republic under Article 87 of the Constitution or an election of the President of the Republic under Article 89(1) of the Constitution is held earlier than within two months from the announcement of an election date, the forty-day, forty-two-day and forty-five-day time limits specified in this paragraph shall be reduced by the number of days lacking to constitute a two-month time limit.

 

Article 16. Powers of Polling District Committees

A polling district committee shall:

1) receive electoral rolls of the polling district from the municipal electoral committee, provide voters, representatives for the election with access to such rolls, hand poll cards to voters or distribute them in some other manner, inform the municipal electoral committee about inaccuracies noticed in the electoral roll of the polling district and transmit these data by electronic means in accordance with the procedure laid down by the Central Electoral Commission;

2) consider complaints concerning errors made in the electoral roll of the polling district;

3) in accordance with the procedure laid down by the Central Electoral Commission, supervise the course of voting by post on the territory of the polling district and monitor the provision of opportunities for voting by post in all health care (except out-patient) facilities, social care institutions, military units, arrest houses, remand prisons (detention facilities) and penitentiary institutions situated within the territory of the polling district as well as organise voting at home;

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

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

6) count votes, draw up a vote counting record of the polling district and transmit the data of this record electronically in accordance with the procedure laid down by the Central Electoral Commission;

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

8) exercise other powers provided for in this Law.

 

Article 17. Written Pledge of Electoral Committee Members and Organisation of Electoral Committee Work

1. A member, chairman of an electoral committee shall start holding the position in the electoral committee upon having given a written pledge.

2. The Central Electoral Commission shall establish the procedure for giving a written pledge by members, chairmen of the municipal electoral committees and the polling district committees. The texts of a written pledge of a member, chairman of an electoral committee shall read as follows:

1) “I, (name, surname), 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 human rights."

So help me God.”;

2) “I, (name, surname), 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 human rights."

3. Having given a written pledge, a person shall subscribe to the text of the pledge. The pledge shall be effective for the whole duration of the appointment to the electoral committee. The text of a written pledge may not be altered. It shall be prohibited to hold the position in the electoral committee without giving a written pledge.

4. Written pledges of electoral committee members, chairmen shall be stored by the electoral committee which has appointed them.

5. When appointing an electoral committee member, the Central Electoral Commission or a municipal electoral committee shall set a time limit for giving a written pledge. The person who has not given a written pledge within 15 days after his appointment or who has given a written pledge with a reservation, shall be removed from his position in the electoral committee.

6. Meetings of electoral committees shall be valid if attended by at least three-fifths of the committee members. Decisions of the committee shall be adopted by open vote of the majority of the committee members present in the meeting. In the event of a tie, the committee chairman shall have a casting vote. Committee members who do not agree with the decision shall be entitled to express a dissenting opinion in writing. An individual opinion shall be attached to the minutes and shall form an integral part of the minutes.

7. After the end of the election, the powers of the chairmen and members of municipal electoral committees and polling district committees shall be terminated. The decision to terminate the powers of the committee members, chairman shall be taken by the electoral committee which appointed the committee members, chairman when this committee, its chairman have fulfilled all the tasks assigned to them under this Law.

8. The chairman, a member of an electoral committee who has given a written pledge shall be prohibited from any form of election campaign  and attempts to influence the voter’s will in any other way. The individual who has violated this requirement or a written pledge of an electoral committee member, chairman must be dismissed from the committee and may be prosecuted under the law.

 

Article 18. Appeals against Decisions of Electoral Committees Adopted before the Closing of Voting

1. All parties which have nominated presidential candidates as well as agents of candidates for President of the Republic may appeal against the decisions of electoral committees according to the following procedure:

1) decisions of polling district committees – to the municipal electoral committee;

2) decisions of municipal electoral committees – to the Central Electoral Commission;

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

2. Appeals must be considered within 48 hours from the submission of the appeal. The decision of the Supreme Administrative Court of Lithuania shall become effective from its pronouncement.

 

Article 19. Appeals against Decisions of Electoral Committees Taken after the Closing of Voting

1. All parties which have nominated presidential candidates as well as agents of candidates for President of the Republic may appeal to the municipal electoral committee against the decisions of polling district committees concerning the drawing-up of vote counting records not later than within 24 hours of the adoption of the decisions. These appeals must be considered within 24 hours from submission of the appeal.

2. When considering an appeal against the decision of a polling district committee concerning the drawing-up of vote counting records, the municipal electoral committee may recount the ballot papers presented by the polling district committee, provided that at least three-fifths of the municipal electoral committee members are present. Having established an arithmetic mistake, incorrectly calculated valid or invalid ballot papers, the said committee may amend the entries in the vote counting records. The municipal electoral committee shall have no right to nullify the vote counting records of the polling district committee.

3. The decisions of the Central Electoral Commission, with the exception of the decisions to declare the results of the election of the President of the Republic invalid, may be appealed against to the Supreme Administrative Court of Lithuania not later than within two days of adoption of the decision and must be considered not later than within 48 hours. Rest days and public holidays shall also be included in this time limit. A decision of the Supreme Administrative Court of Lithuania shall become effective from the moment of its pronouncement and its execution shall be binding upon the Central Electoral Commission.

4. While considering an appeal against the decision of a municipal electoral committee concerning the drawing-up of vote counting records, the Central Electoral Commission may re-count the ballot papers presented by the municipal electoral committee. Having established an arithmetic mistake or incorrectly calculated ballot papers, it may amend the entries in the vote counting records of the municipality and the polling district. The Central Electoral Commission shall have no right to nullify the vote counting records of the municipal electoral committee.

 

Article 20. Assistance for Electoral Committees and Use of State Budget Funds to Organise an Election

1. State and municipal institutions and agencies must assist electoral committees in exercising their powers and provide information necessary for the performance of their functions.

2. State and municipal institutions and agencies must, within three days, consider requests submitted to them by electoral committees and give them reasoned responses.

3. For carrying out auxiliary work the Central Electoral Commission may recruit employees under the employment contract. Employment contracts shall be signed by the Chairman of the Central Electoral Commission or persons authorised by him. The Government (hereinafter: 'the Government') shall, on the recommendation of the Central Electoral Commission, lay down the procedure for paying the employed staff for work and the amount of such payment.

4. State and municipal institutions and agencies must provide to electoral committees suitable premises for organisation and conduct of an election, equipment, computer hardware and the internet access. Polling stations provided for an election and access to them must be suitable for voters with movement disorder and vision impairment and older voters.

5. The Central Electoral Commission shall transfer the state budget funds allocated to municipal electoral committees for organisation of an election to the bank account of the Central Electoral Commission opened for each electoral committee.

6. The Chairman of the Central Electoral Commission shall sign an agreement with the chairman of a municipal electoral committee on the use of state budget funds earmarked for organisation of an election.

This agreement shall indicate:

1) the amount of state budget funds transferred to the municipal electoral committee for organisation of an election and the programme of the Central Electoral Commission under which these funds are allocated;

2) the targeted purpose of the use of state budget funds earmarked for organisation of an election;

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

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

5) other provisions which help the Central Electoral Commission to ensure lawfulness, cost-effectiveness, efficiency and productiveness of the implementation of the programmes and the use of state budget funds earmarked for organisation of an election.

7. The Central Electoral Commission shall transfer the state budget funds for organisation of an election to the accounts indicated in paragraph 5 of this Article in accordance with the estimates of municipal electoral committees, approved by the Central Electoral Commission.

8. The chairman of the municipal electoral committee shall be responsible for state budget funds allocated for the municipal electoral committee for organisation of an election and shall account to the Central Electoral Commission for this.

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

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

 

Article 21. Remuneration of Electoral Committee Members

1. Chairmen, deputy chairmen, members and secretaries of electoral committees shall be paid salaries for their work in the electoral committees in accordance with the rates submitted by the Central Electoral Commission and approved by the Government.

2. Chairmen, deputy chairmen, members and secretaries of electoral committees shall be paid for their work in the electoral committees against the time sheets, without exceeding the appropriations allocated to an appropriate electoral committee for remuneration. The Central Electoral Commission shall establish the procedure for filling in time sheets in electoral committees. The chairman of an appropriate electoral committee shall be responsible for the accuracy of time sheets. Limitation on the working time defined in the Labour Code of the Republic of Lithuania shall not be applied to work in electoral committees.

3. The procedure for imposing incentive measures to chairmen, deputy chairmen and members of electoral commissions shall be approved by the Government on the recommendation of the Central Electoral Commission.

 

Article 22. Changing the Composition of Electoral Committees

1. The chairman or a member of a municipal, polling district committee may be dismissed from his post in the committee by the electoral committee which approved the composition of this committee or by the Central Electoral Commission.

2. An electoral committee may consider only a justified proposal of a party to recall the member of the electoral committee whom the party proposed.

3. When necessary, a new chairman or member of the electoral committee may be appointed in accordance with the procedure established by this Law even upon the expiration of the time limits set in Article 13(1) and Article 15(5) of this Law.

 

CHAPTER THREE

ELECTORAL ROLLS AND POLL CARDS

 

Article 23. Electoral Rolls

1. In order to organise and hold an election the following electoral rolls shall be compiled:

1) the electoral roll of the Republic of Lithuania;

2) electoral rolls of municipalities; and

3) electoral rolls of polling districts.

2. Electoral rolls shall be drawn up twice – preliminary and final. These rolls may be used only for organisation and holding of an election.

3. The procedure for compiling electoral rolls must be such that every citizen of the Republic of Lithuania who is entitled to vote shall be entered on electoral rolls. No one may be entered on an electoral roll more than once.

4. The electoral roll of the Republic of Lithuania and electoral rolls of municipalities shall be drawn up and kept by electronic means by the Central Electoral Commission in conjunction with the management body of the Residents' Register of the Republic of Lithuania. Electoral rolls of polling districts shall be printed. The procedure, form, method of compiling electoral rolls and the procedure of their use shall be laid down by the Central Electoral Commission. When drawing up electoral rolls, the following personal data shall be used:

1) in the electoral roll of the Republic of Lithuania: name, surname, personal number, date of birth, number of the personal document confirming the citizenship, the address of the place of residence;

2)  in the municipal electoral roll: name, surname, personal number, date of birth, address of the place of residence;

3) in the polling district electoral roll: name, surname and address of the place of residence. The home address of a voter who has expressed disagreement about his home address appearing in the polling district electoral roll shall be indicated only in the annex to the polling district electoral roll and in the poll card.

5. Every voter shall have the right to express disagreement about his home address being made public in the polling district electoral roll. The Central Electoral Commission shall, together with the management body of the Residents’ Register of the Republic of Lithuania, take the necessary measures to enable a voter to exercise his right to express disagreement about his home address being made public in the polling district electoral roll.

 

Article 24. General Procedure for Entering Citizens on the Electoral Roll of the Republic of Lithuania

1. All citizens of the Republic of Lithuania who have the right to vote shall be entered on the electoral roll of the Republic of Lithuania according to the data of issuance of the document (passport or identity card) confirming the citizenship and according to the Residents' Register of the Republic of Lithuania. Electoral rolls compiled according to these data shall be preliminary.

2. Compiling, checking and keeping of electoral rolls shall be organised by the Central Electoral Commission on the basis of the information furnished by state and municipal institutions and agencies as well as electoral committees.

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

1) a deceased citizen of the Republic of Lithuania;

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

3) a citizen of the Republic of Lithuania who has been declared legally incapable by the court.

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

 

Article 25. Electoral Rolls of Municipalities

An electoral roll of the municipality shall be drawn up in the electronic information media by the Central Electoral Commission according to the electoral roll of the Republic of Lithuania and the place of residence of a voter (the last known place of residence of a voter) indicated therein and shall be delivered to the municipal electoral committee at least 39 days before an election. Electoral rolls of voters residing abroad shall also be drawn up and delivered to diplomatic missions and consular posts of the Republic of Lithuania. Moreover, lists of voters whose exact address of the place of residence is unknown shall be drawn up.

 

Article 26. Electoral Rolls of Polling Districts

An electoral roll of the polling district shall be drawn up by the municipal electoral committee according to the municipal electoral roll and the voter’s home address indicated therein and shall be delivered to the polling district committee at least 26 days before an election. Moreover, lists of citizens whose place of residence is unknown shall be drawn up. Voters, ship’s crew members and passengers who are unable to return to Lithuania during the period of voting by post or to be present on polling day, shall, according to the procedure established by the Central Electoral Commission, be entered on an electoral roll of the polling district on the territory whereof the ship’s registration harbour administration is located.

 

Article 27. Public Announcement of, and Access to, Electoral Rolls

1. A polling district committee, a diplomatic mission and a consular post shall, at least 25 days prior to an election, provide access for the voters to electoral rolls of the polling district. Voters shall only have access to their own data specified in an annex to the electoral roll of the polling district electoral roll. It shall be prohibited to make copies of electoral rolls of the polling district or to duplicate or distribute such lists in any other manner. A notice must be posted at the entrance to the premises of an electoral committee indicating duty hours of the committee members and telephone numbers at which the voters may check whether their names have been entered on the electoral roll. Upon the expiry of the time limit for delivering voter certificates as provided for by this Law, the duty hours of the polling district committee, its telephone numbers must be on display in stairwell entrances of multi-apartment residential buildings. The time and place for the voters to exercise their right to have access to electoral rolls shall be on display in a diplomatic mission and a consular post, at the entrance to the premises of an electoral committee.

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

 

Article 28. Poll Card

1. A poll card shall be a document giving information about an election to a voter, a nominal invitation to participate in an election. Poll cards together with other information about an election shall be delivered to voters or such delivery shall be organised by electoral committees. A voter himself or at his request – any other person may print or write out his poll card in accordance with the data of the electoral roll of the Republic of Lithuania received in accordance with the procedure established by the Central Electoral Commission. The voter shall sign his poll card himself, except for the cases where he cannot sign it himself because of his physical disability, illness or any other reason and the poll card is signed by any other person chosen by the voter, indicating his name, surname and personal number. Electoral committees shall distribute poll card forms which may be filled out by the voter himself. A poll card shall be mandatory only in the cases where a voter votes not on polling day at a place other than a polling district.

2. A poll card shall specify:

1) the voter’s name and surname;

2) the voter’s home address;

3) the name and number of the municipal electoral committee to the territory of which the polling district is allotted;

4) the name, number of a polling district on the electoral roll of which the voter has been entered, as well as the address of a polling station;

5) the successive number of the voter on the polling district electoral roll; and

6) election date, polling time at the polling station of the polling district; invitation to attend an election and other information relevant to the voter or for the organisation of an election.

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

 

Article 29. Delivery of Poll Cards

1. The delivery of poll cards to voters shall be organised by a polling district committee.

2. Articles 58, 61, 62 and 63 of this Law shall lay down the procedure for delivering voter certificates to voters in health care (except out-patient) facilities, social care institutions, military units, arrest houses, remand prisons (detention facilities) and penitentiary institutions, and to voters who have gone abroad.

3. The delivery of a poll card shall be noted in the preliminary electoral roll of a polling district. The voter shall be personally handed a poll card or through any other person living together with the voter. If it is impossible to deliver a poll card because a voter or any other person living together with the voter is not at home, the poll card shall be returned to the polling district committee, this fact shall be noted in the preliminary electoral roll and a general invitation to come to vote shall be left for the voter. This invitation may be put into a mailbox or handed to the voter’s neighbour who knows the voter and undertakes to give it to the voter. The delivery of poll cards to voters must be finished at least eight days before an election. If an election to the Seimas or an election to the European Parliament, or an election to municipal councils, or a referendum, or a run-off voting is scheduled for the same date as a presidential election, only one poll card shall be handed.

4. The voter who has not received a poll card in due time or who has received a poll card with incorrect data, must forthwith inform the polling district committee in the territory of which he resides, and to produce his passport or other document confirming his identity to this electoral committee. If the voter has been entered on the electoral roll of this polling district, the district electoral committee must write out a new poll card to the voter and issue it to him immediately. If the voter has not been entered on the electoral roll of this polling district, but the voter’s home address according to the data of the Residents’ Register of the Republic of Lithuania is allotted to the territory of this polling district or the voter produces other evidences that he resides within the territory of this polling district, the polling district committee shall provide an application form, as prescribed by the Central Electoral Commission, to be filled out by the voter in order to be entered on the electoral roll of this polling district (or a member of the polling district committee shall himself fill out this application form; this application form may also be submitted electronically by the voter in accordance with the procedure laid down by the Central Electoral Commission) and shall immediately inform about this the municipal electoral committee which must have care of entering, in compliance with the above-mentioned application, the voter on the electoral roll of this polling district. A poll card shall be written out and delivered to the voter as soon as electoral rolls are updated.

5. A municipal electoral committee may, in accordance with the procedure laid down by the Central Electoral Commission, issue a poll card to the voter whose name is entered on the electoral roll of a different municipality if the said voter is not able to return to his permanent place of residence to collect or obtain the poll card in some other manner.

 

Article 30. Updating Electoral Rolls before Drawing up Final Electoral Rolls

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

2. The voter shall be transferred from one electoral roll onto another if it becomes clear that the address of his place of residence in the preliminary electoral roll is incorrect or it has changed after the said electoral roll was drawn up.

3. Transferring of a voter from the electoral roll of one polling district onto another in the same municipality shall be the responsibility of the municipal electoral committee which shall notify the Central Electoral Commission about the changes made in the electoral rolls of the polling districts. Transferring of a voter from the electoral roll of one municipality into the electoral roll of another municipality shall be executed by the Central Electoral Commission on the recommendation of the municipal electoral committee and the changes made shall be notified to the municipal electoral committees. Only the Central Electoral Commission may enter a voter on or strike him from the electoral roll of the Republic of Lithuania in the cases provided for in Article 24 of this Law.

 

Article 31. Entry on Electoral Rolls of Citizens of the Republic of Lithuania who are Staying Abroad

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

2. A diplomatic mission and a consular post of the Republic of Lithuania shall, at least 15 days before an election to the Seimas, submit electronically to the Central Electoral Commission in accordance with the procedure laid down by the Commission the electoral roll compiled in the diplomatic mission and the consular post as well as information regarding its updating. This roll 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 polling day and who shall vote in a diplomatic mission or a consular post.

 

Article 32. Entering on Electoral Rolls of Voters who are in Military Units, on Ships, Arrest Houses, Remand Prisons (Detention Facilities) and Penitentiary Institutions

1. Voters performing the mandatory military shall be entered on the electoral rolls of that polling district within the territory of which they permanently resided before they were summoned for the mandatory military service. Voters performing the active military service, civil service or working under employment contracts in international military operations abroad shall be entered on the electoral rolls of the polling district on the territory of which they have declared their place of residence.

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

3. Voters who are in arrest houses, remand prisons (detention facilities) or penal institutions shall be entered on the electoral rolls of the polling district in the territory of which they have declared their place of residence. If such a person has not declared his place of residence he, at his written request, shall be entered on the electoral roll of the polling district within the territory of which an arrest house, remand prison (detention facilities) or penal institution is situated. A person who declared his place of residence before he was placed in an arrest house, remand prison (detention facilities) or penal institution may not be entered on the electoral roll of the polling district within the territory of which the arrest house, remand prison (detention facilities) or penal institution is situated.

 

Article 33. Updating Electoral Rolls upon Drawing-up of Final Electoral Rolls and on Polling Day

1. If following the approval of the final electoral rolls, but no later than until 6pm on polling day, a polling district committee is addressed by a voter who has not been entered on the electoral roll of that polling district and submits the passport or identity card of the citizen of the Republic of Lithuania and the document about the declared place of residence (the place of residence must be allotted to the territory of this polling district), the polling district committee shall enter the voter on the additional electoral roll of the polling district and allow him to vote according to the procedure established by the Central Electoral Commission, and immediately communicate the voter’s name, surname, personal number, the number of his passport or identity card and his address to the municipal electoral committee. The municipal electoral committee shall check whether the voter has been entered on the municipal electoral roll and take measures to ensure that the voter would not be able to vote twice or the ballot papers filled by him would be counted only once. If the voter has voted twice, only the vote which was put in the ballot box of the polling district shall be counted. The other vote of the voter, received by post or when cast according to the additional electoral roll of the polling district, shall not be counted.

2. On polling day a voter who has not yet voted may, in accordance with the procedure laid down by the Central Electoral Commission, vote in another polling district of his single-member constituency, provided that both of the polling districts of this constituency are connected through electronic means of communication to the electronic electoral roll and the district electoral commissions can confirm that the voter has not voted in any of the polling districts, and the polling district committee on whose electoral roll the said voter is entered confirms that an entry has been made in the electoral roll of this polling district regarding the arrival of the said voter to vote at another polling district and the voter's vote, if received by post, will not be counted.

 

Article 34. Complaints about Electoral Rolls

1. A voter or a representative of the party may file complaints with the polling district committee no later than seven days before an election about the errors made in the electoral rolls due to which the voter has not been entered on the electoral roll in accordance with the procedure laid down by this Law or has been entered on several electoral rolls. The polling district committee must investigate the complaint and adopt a decision thereon either immediately or within two days of the receipt thereof, if more than 10 days are left until polling day.

2. A decision of the polling district committee may be appealed against within three days to an appropriate regional administrative court. The court shall consider the appeal within three days. The decision of the court shall be final.

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

4. Polling district committees shall report to the municipal electoral committee about the received complaints and changes made in the electoral rolls according to the court’s decision; the municipal electoral committee shall report the above mentioned information to the Central Electoral Commission as soon as possible but no later than within 12 hours.

 

CHAPTER FOUR

NOMINATION OF CANDIDATES FOR PRESIDENT OF THE REPUBLIC

 

Article 35. Nomination of a Person to be a Candidate for President of the Republic

1. Individual persons may nominate themselves to be candidates for President of the Republic.

2. The parties which are registered in accordance with the procedure laid down by the law and meet the requirements for the number of party members may nominate or support individuals to be candidates for President of the Republic.

3. Nomination of persons to be candidates for President of the Republic shall begin not more than 80 or less than 65 days prior to polling day.

4. When an early election of the President of the Republic under Article 87 of the Constitution or an election of the President of the Republic under Article 89(1) of the Constitution is held within two months from the announcement of an election, the nomination of persons to be candidates for President of the Republic shall commence on the next day after the entry into force of an appropriate Seimas or Government resolution concerning the announcement of an election, and shall end not later than 45 days before polling day. If such election is held earlier than within two months from the announcement thereof, the said forty-five-day time limit shall be reduced by the number of days lacking to constitute a two-month time limit.

 

Article 36. Declaration about Individual’s Participation in an Election as a Candidate for President of the Republic

1. An individual who has nominated himself to be a candidate for President of the Republic must make a written declaration about this to the Central Electoral Commission.

2. If an individual is nominated by the parties to be a candidate for President of the Republic, such decision shall also be produced in writing. An individual who has been nominated or who has nominated himself to be a candidate for President of the Republic must arrive and submit to the Central Electoral Commission a document confirming the citizenship of the Republic of Lithuania and a document attesting to the payment of a deposit amounting to five most recently published average monthly earnings in the whole economy (hereinafter: "AMEs"). After the election the deposit shall be refunded to the individual who paid it, provided that a candidate to the office of President of the Republic has received more than 7 percent of votes cast by the voters who participated in the election.

3. An individual who has been nominated or who has nominated himself to be a candidate for President of the Republic must:

1) inform the Central Electoral Commission in writing whether he is or has been and when a citizen of any other state (states);

2) submit to the Central Electoral Commission a document confirming the citizenship of any other state (states);

3) submit a document issued by the competent authorities of the Republic of Lithuania, another state (other states), attesting to the renouncement of the citizenship another state (other states) of or the loss thereof;

4) inform the Central Electoral Commission in writing whether he agrees that the Central Electoral Commission would receive from the competent authorities of the Republic of Lithuania and foreign countries the data about the citizenship of any other state (states) he has or has had, and the renouncement or loss thereof.

4. An individual who has nominated himself or has been nominated to be a candidate for President of the Republic must submit to the Central Electoral Commission a pledge in the set-out format to adhere to the prohibition to bribe voters or persons entitled to vote.

5. If an individual does not agree that the Central Electoral Commission would receive the data specified in point 4 of paragraph 3 of this Article or does not submit to the Central Electoral Commission a pledge to adhere to the prohibition to bribe voters and persons who are entitled to vote as provided for in paragraph 4 of this Article, the Central Electoral Commission shall not register individual’s nomination to be a candidate for President of the Republic, and if it has registered his nomination to be a candidate for President of the Republic or his candidacy for President of the Republic, shall repeal such registration.

6. The Central Electoral Commission shall, not later than within three calendar days after the receipt of the declaration, ascertain whether there are any reasons specified in Article 78 of the Constitution preventing the individual’s nomination as a candidate for President of the Republic, whether he has fulfilled the requirements specified in paragraphs 3 and 4 of this Article and whether he has been registered as an independent participant of political campaign, and shall adopt a grounded decision on whether or not to issue forms for the collection of voter signatures to the individual, with the name and surname of the candidate for President of the Republic indicated thereon. Refusal to issue the forms for the collection of voter signatures may be appealed against to the Supreme Administrative Court of Lithuania not later than within three days of adoption of the decision and the latter must investigate such appeal not later than within 72 hours of receipt of the complaint. Rest days and public holidays shall be included in this time limit. The decision of the Supreme Administrative Court of Lithuania shall become effective from its pronouncement.

7. A candidate for President of the Republic shall have the right to withdraw in writing his application documents not later than 15 days left before an election. In this case the Central Electoral Commission may take a decision concerning registration of a candidate for President of the Republic only if the candidate for President of the Republic attends a meeting of the Central Electoral Commission and if not less than 13 days are left before polling day.

 

Article 37. Collecting of Voter Signatures

1. At least twenty thousand voter signatures as prescribed in Article 79 of the Constitution must be collected on the form for the collection of voter signatures, which shall contain the following text:

“I, as a citizen of the Republic of Lithuania, confirm my support for the application of

............................................................................................................................................................(the person's name and surname)

to participate in the election of .. ....... .... (day, month, year) as a candidate for President of the Republic.

Serial

No

Individual’s Surname, Name

Series and No of the Document Confirming Citizenship of the Republic of Lithuania

Date of Birth

Permanent Place of Residence

Signature and Date"

2. The name and surname of the individual who has collected the signatures shall be indicated at the bottom of the form for the collection of voter signatures as well as the series and number of the document confirming his citizenship of the Republic of Lithuania, his permanent place of residence and signature.

3. All information on forms for the collection of signatures of voters shall be filled out and signed by the voters themselves. If a voter cannot fill out and sign the form because of his physical handicaps, illness or due to any other reason, another individual shall do this at his request. Such fact must be indicated by an appropriate inscription on the form for the collection of signatures of voters and attested by the signature of the person who collects voters’ signatures. The said person must verify the identity of the individual signing the form as well as the accuracy of the data entered by him. A voter may support each candidate for President of the Republic only once.

4. Forms for the collection of voter signatures shall be issued by the Central Electoral Commission directly to individuals who have announced in writing their participation as candidates in a presidential election and, at the request of these individuals - to persons indicated by them.

5. Voters may support electronically a candidate for President of the Republic in accordance with the procedure laid down by the Central Electoral Commission.

 

Article 38. Registration of Candidates for President of the Republic

1. At least 45 days prior to an election, individuals who have been nominated or who have nominated themselves to be candidates for President of the Republic must submit forms for the collection of voter’s signatures to the Central Electoral Commission which issued the said forms. Moreover, each individual who has been nominated or who has nominated himself to be a candidate for President of the Republic must present the extracts containing the basic data from the income tax return and the assets declaration approved by the State Tax Inspectorate, as well as a declaration of private interests; these documents may also be submitted electronically in accordance with the procedure laid down by the Central Electoral Commission.

2. Individuals who have been nominated or who have nominated themselves to be candidates for President of the Republic may submit a certificate of their health condition to the Central Electoral Commission. The Central Electoral Commission shall announce such certificates through the mass media.

3. The Central Electoral Commission shall, not later than within 10 days of receipt of the forms for the collection of voter signatures, shall check whether they have been completed correctly. In the event it is discovered that a citizen has signed for the same candidate more than once, none of his signatures shall be counted. Moreover, the signatures and data obtained or filled out in violation of Article 37(3) of this Law shall not count.

4. If, after the signatures which are not to be counted are cast off, an individual who has been nominated or has nominated himself to be a candidate for President of the Republic is supported by at least twenty thousand voters, the Central Electoral Commission must register the individual as a candidate for President of the Republic not later than within 24 hours. Refusal of the Central Electoral Commission to register an individual as a candidate for President of the Republic may be appealed against to the Supreme Administrative Court of Lithuania not later than within three calendar days, and the latter must investigate the appeal within 72 hours. Rest days and public holidays shall be included in this time limit. The decision of the Supreme Administrative Court of Lithuania shall become effective from its pronouncement.

5. Individuals who have been nominated or who have nominated themselves to be candidates for President of the Republic shall acquire the status of a candidate for President of the Republic upon their registration as candidates for President of the Republic with the Central Electoral Commission, and the publication of a list of the individuals registered as candidates for President of the Republic on its website.

6. The Central Electoral Commission shall officially announce the list of all individuals who have been registered as candidates for President of the Republic no later than 30 days prior to polling day and shall issue to the said individuals a certificate of candidacy to the office of President of the Republic within 24 hours of the announcement of the above-mentioned list.

7. When early presidential elections under Article 87 of the Constitution or presidential elections under Article 89(1) of the Constitution are held within two months from the announcement thereof, individuals who have been nominated or who have nominated themselves to be candidates for President of the Republic must submit to the Central Electoral Commission the forms for the collection of signatures, specified in Article 37 of this Law, not later than 40 days left before an election.

8. Where early presidential elections under Article 87 of the Constitution or presidential elections under Article 89(1) of the Constitution are held earlier than within two months from the announcement thereof, thirty-day and forty-day time limits, specified in paragraphs 6 and 7 of this Article, shall be reduced by the number of days lacking to constitute a two-month time limit.

9. Where early presidential elections under Article 87 of the Constitution or presidential elections under Article 89(1) of the Constitution are held earlier than within two months from the announcement thereof, they may not be held earlier than within 45 days from the announcement of an election date.

 

Article 39. Agents of a Candidate for President of the Republic

1. An individual who has been registered as a candidate for President of the Republic shall have the right to have his own agents. Candidates for President of the Republic shall submit their list of agents to the Central Electoral Commission which shall, not later than within 24 hours, issue agent certificates (indicating candidate’s name and surname) to the agents of the candidates for President of the Republic.

2. On the instruction of a candidate for President of the Republic, an agent of the candidate for President of the Republic shall have the right to represent the candidate in meetings with voters and in the mass media, to raise funds for financing an election, and to carry out other instructions of the candidate for President of the Republic if they do not contradict laws.

3. Candidates for President of the Republic may at any time recall their agents. Having received such a request from a candidate for President of the Republic, the Central Electoral Commission shall adopt a decision concerning the recall of an agent and make this decision public.

 

Article 40. Observers of Election of the President of the Republic

1. Parties which nominate individuals to be candidates for President of the Republic, candidates for President of the Republic and their agents shall enjoy the right to appoint not more than two election observers in each polling district. An election observer shall be a person bearing the certificate in the form set out by the Central Electoral Commission. He shall have the right to observe elections conducted within the territory of the municipality or the polling district which is indicated in his certificate. The certificate of a presidential election observer shall be issued by:

1) the Central Electoral Commission - to observe an election on the entire territory of the Republic of Lithuania, in the diplomatic missions and consular posts of the Republic of Lithuania or only in the territories of the concrete municipalities or polling districts on the recommendation of the Minister of Foreign Affairs, the President of the Republic or a person authorised by him, or at the request of the persons representing international institutions, as well as at its own discretion;

2) a municipal electoral committee – to observe an election on the entire territory of this municipality, in one or several polling districts to citizens of the Republic of Lithuania who are above 18 years of age on the proposal of the candidate for President of the Republic or at the request of the local branch of the party which has nominated an individual to be a candidate for  President of the Republic (the proposal, request must indicate individual’s surname, name, personal number, the name of the polling district (districts)).

2. The observer’s certificate shall be issued by the chairman of the electoral committee on behalf of the committee or by any other member of the committee on the instruction of the committee chairman. It shall be prohibited to refuse to issue an observer’s certificate or to delay the issuance thereof. All refusals to issue an observer’s certificate must be reported at the next electoral committee sitting and an appropriate agent of a candidate for President of the Republic must be notified thereof.

3. An election observer shall have the right to demand that the chairman and members of an electoral committee, as well as persons who are in the polling station of a polling district adhere to this Law and other laws of the Republic of Lithuania. Electoral committees must make arrangements to ensure that adequate conditions be provided in the polling station of a polling district for an election observer to monitor the compliance with this Law and other laws of the Republic of Lithuania. If an election observer violates this Law or other laws of the Republic of Lithuania, his observer’s certificate may be revoked on the decision of the chairman of the municipal electoral committee. The members of the electoral committee, the Central Electoral Commission and an appropriate agent of a candidate for President of the Republic must be immediately notified in writing of the decision.

 

CHAPTER FIVE

PERFORMANCE GUARANTEES OF CANDIDATES

FOR PRESIDENT OF THE REPUBLIC

 

Article 41. Right of Candidates for President of the Republic to Speak at Meetings or through the Mass Media

1. After the official announcement of a list of candidates, the candidates for President of the Republic shall have the equal right to speak at voters meetings or at any other meetings, gatherings or conferences, and to make use of state mass media and publicise their election programme.

2. Heads of state institutions and agencies must assist the candidates for President of the Republic to organise meetings with voters and to obtain necessary information, with the exception of confidential information.

 

Article 42. Right of Candidates for President of the Republic to be Relieved from Work or their Official Duties

1. After the announcement of a list of candidates for President of the Republic by the Central Electoral Commission, the candidates for President of the Republic shall, at their written request, be relieved from work or the official duties, but for not longer than 30 days. A request to be relieved from work or the official duties shall be submitted to the person who has the right to grant leave.

2. The provisions of paragraph 1 of this Article shall not apply to a candidate for President of the Republic who is the President of the Republic or a member of the Seimas. The procedure for relieving a candidate for President of the Republic who is a member of the Government from the performance of official duties shall be laid down in the Law of the Republic of Lithuania on the Government.

 

Article 43. Immunity of a Candidate for President of the Republic

1. After the announcement of a list of candidates for President of the Republic by the Central Electoral Commission and until the oath of the President of the Republic, a candidate for President of the Republic may not be found criminally liable, arrested, his freedom may not be restricted in any other way without the consent of the Central Electoral Commission.

2. The provisions of paragraph 1 of this Article shall not apply to a candidate for President of the Republic who performs the duties of the Seimas member, a member of the Government or the President of the Republic. An issue of the immunity of such persons shall be resolved in accordance with the procedure laid down by the Constitution and laws.

 

Article 44. Liability for Violation of this Law

Persons who by force, threat, deception, bribery or otherwise prevent voters from implementing the right to elect or to be elected to the office of President of the Republic, organising and carrying out election campaign, who have violated the procedure of election campaign, announced or otherwise disseminated fraudulent data about a candidate for President of the Republic or prevented a candidate from meeting with voters, or who have otherwise violated this Law, as well as the members of the electoral committees or other officers who have falsified, damaged, destroyed, stolen or hidden election documents, made an incorrect vote count, violated the secrecy of voting or otherwise violated this  Law, shall be held liable under the law.

 

CHAPTER SIX

ELECTION CAMPAIGNING

 

Article 45. Basic Principles of Election Campaign

1. The provisions of this Law regulating the election campaign shall apply after the announcement of an election date. Election campaign expenses and political advertising expenses must be declared in the manner prescribed by the law and must not exceed the maximum permissible amount of political campaign expenses fixed by the law.

2. Election campaign may be conducted in any form or manner, provided it does not violate the Constitution and laws, conflict with the morals, justice or societal cohesion, contravene fair and respectable elections.

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

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

 

Article 46. Conditions and Procedure of Election Campaign

1. After the announcement of a list of candidates for President of the Republic by the Central Electoral Commission, the candidates for President of the Republic shall be provided with equal opportunities to participate free of charge in special programmes which are designated for election campaign and produced by the Lithuanian National Radio and Television. Rules governing the making of such broadcasts shall be approved by, actual coverage and duration of broadcasts of the Lithuanian National Radio and Television shall be fixed by the Central Electoral Commission after consultation with the head of the Lithuanian National Radio and Television.

2. Discussions of candidates for President of the Republic over the radio and on television shall be financed with funds of the state budget from the appropriations allocated for the Central Electoral Commission.

3. The Central Electoral Commission shall:

1) in accordance with the procedure laid down by the law, choose producers and broadcasters of debate programmes;

2) approve the rules on producing debates;

3) distribute the time of the programs in such a manner that the principle of the equality of candidates for President of the Republic is preserved.

4. Groups of candidates for President of the Republic taking part in discussions (consisting of two and more persons) shall be set up by mutual agreement and in the event of failure to reach mutual agreement - by drawing lots.

5. All broadcasters shall enjoy the right to produce, on their own initiative, discussion programmes in compliance with the provisions of the Law of the Republic of Lithuania on Funding of, and Control Over Funding of, Political Parties and Political Campaigns (hereinafter: 'the Law on Funding of, and Control Over Funding of, Political Parties and Political Campaigns'). Other terms and conditions provided for in this Article shall not apply to the said broadcasters.

6. Upon the demand of a candidate for President of the Republic or the candidate's agent, the mass media which have made public the compromising material about the said candidate for President of the Republic must make public the countering opinion of the candidate for President of the Republic or his agent at least five days prior to polling day.

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

8. It shall be prohibited to display outdoor political advertising:

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

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

3) in motorways and their sanitary protection areas, as well as in streets and along the side thereof, if it might block technical traffic regulation means and road signs, decrease visibility thereof, blind traffic participants, detract attention thereof, thus increasing the danger to traffic participants, and also it is prohibited to use advertising that imitates road signs;

4) on sculptures and monuments;

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

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

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

10. A person who displayed outdoor political advertising shall have an obligation to remove outdoor political advertising before the beginning of the period established by the law when election campaigning is prohibited.

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

12. All disputes concerning the election campaigning shall be settled by the Central Electoral Commission.

 

Article 47. Prohibition to Take Advantage of One’s Official Position for Election Campaigning

1. Anyone shall be prohibited from taking advantage of his official position in state or municipal institutions and agencies as well as in the state or municipal mass media for any form of election campaigning or from instructing other persons to do so or from trying to exert influence upon the will of voters in any other manner, taking advantage of his official position. State, municipal officers shall be prohibited from using their official position to create for themselves or others exceptional conditions of election campaigning. In the event the officer violates this Article, criminal or administrative action may be brought against him in a manner prescribed by the law.

2. If a person is a candidate for President of the Republic, he may use the state or municipal mass media only according to the procedure set out in Article 41 of this Law. If a candidate for President of the Republic has, due to the fulfilment of his duties, to release important news to the mass media, he may do so only at a press conference. The state or municipal mass media may publicise only a recording of such conference that contains no election campaigning.

 

Article 48. Financing of Presidential Election Campaign

Funding of elections of the President of the Republic shall be regulated by the Law on Funding of, and Control Over Funding of, Political Parties and Political Campaigns.

 

Article 49. Prohibition of Election Campaigning on Polling Day

1. Campaigning, regardless of its methods, forms and measures, shall be prohibited during 30 hours before the beginning of an election and on polling day until the closing of voting, with the exception of permanent visual campaign material placed before the beginning of this election campaigning prohibition. During the period of election campaign prohibition no visual campaigning material (with the exception of those published by the Central Electoral Commission) may be displayed in a polling station or within 50 meters of the building housing a polling station as well as in a building in which postal voting is carried out in post offices specially designed for voting (hereinafter: 'special post offices') in accordance with the procedure laid down by Articles 61, 62 and 63 of this Law. If campaigning for elections to the Seimas, or to the European Parliament, or municipal councils, or campaigning regarding a referendum is conducted concurrently, election campaigning shall be prohibited during 30 hours before the beginning of an election and on polling day until the closing of voting, under the same conditions and in accordance with the same procedure as specified in this paragraph.

2. Information about the course of elections, their importance for the life of the country, the number of voters who have come to vote, the documents necessary to have when voting, invitation to come to vote or any other information which does not urge not to participate in an election, vote for or against a candidate for President of the Republic shall not be regarded as election campaigning.

3. Persons who violate the provisions of paragraph 1 of this Article shall be held liable under the law.


CHAPTER SEVEN

PREPARATORY ACTIVITIES RELATED TO ORGANISATION OF ELECTIONS

 

Article 50. Ballot Papers

In elections of the President of the Republic, each voter shall be presented with a ballot paper which contains the name and surname of each candidate for President of the Republic. Candidates for President of the Republic shall be listed in alphabetical order.

 

Article 51. Delivery of Ballot Papers

1. Municipal electoral committees shall recount received ballot papers and postal vote envelopes and write up an acceptance report.

2. Municipal electoral committees shall deliver ballot papers to polling district committees at least 12 hours prior to the beginning of voting. Polling district committees shall recount the ballot papers and draw up an acceptance report.

3. Municipal electoral committees shall deliver ballot papers and postal vote envelopes to central post offices at least two days before the beginning of postal voting.

4. At diplomatic missions and consular posts of the Republic of Lithuania, voters must be provided with free access to ballot papers and postal vote envelopes at least 15 days before polling day; on ships voters must be provided with free access to the text of ballot papers not less than 15 days prior to an election. On ships ballot papers shall be printed according to their description sent by a radiogram.

5. The Central Electoral Commission shall be responsible for printing, counting and delivery of ballot papers and envelopes within the fixed time limit.

 

CHAPTER EIGHT

VOTING

 

Article 52. Time and Place of Voting

Voting shall take place on polling day from 7 a.m. to 8 p.m. in a polling station designated by the electoral committee. Voters shall only vote in the polling district on the electoral roll of which their names have been entered. Votes received by post shall be valid only in the polling district on the electoral roll of which the name of the voter has been entered.

 

Article 53. Preparation of Polling Stations

1. A polling station of the polling district must be completely prepared for an election not later than 12 hours before the beginning of voting. Moreover, all ballot papers received from the municipal electoral committee shall be already counted and their acceptance report shall be drawn up by the electoral committee by the prescribed time. In a polling station of the polling district there must be a ballot box, a secret voting booth (booths) in which a voter could fill out ballot papers in private. Election posters issued by the Central Electoral Commission must be displayed in the polling station. The text of this Law must be accessible in each polling district. The election campaign material, except the material issued by the Central Electoral Commission, must be removed from the polling station, passageways leading to or out of it (corridors) and within 50 metres of the building in which the polling station is situated. Working places for electoral committee members as well as places for election observers must also be made ready. A polling station which is made ready shall be closed, sealed, left under the police protection and the chairman of the polling district committee shall inform the municipal electoral committee about this.

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

 

Article 54. Beginning of Voting

On polling day a polling station shall be opened only if at least 3/5 of the members of the polling district committee are present. The chairman of the electoral committee, together with the members of the electoral committee, shall make sure that a ballot box is empty and seal it up. Having checked that the polling station has been furnished without violating the established requirements, the chairman of the polling district committee shall register the total number of the ballot papers received by the polling district committee into the record of the counting of votes, distribute the ballot papers and electoral rolls among the members of the electoral committee, register the number of ballot papers handed out to each electoral committee member into the record of the counting of votes of the polling district and open the polling station, thereby, proclaiming the commencement of an election.

 

Article 55. Voter Identification

1. At the entrance to the polling station, a voter shall produce to a member of the polling district committee his passport or any other identification document; he may also produce the poll card. In the polling districts connected through means of electronic communication to the electronic electoral roll, the voter’s arrival to vote shall be marked in the electronic electoral roll. Having established that the voter arrived to the polling district on the electoral roll of which his name has been entered, a committee member shall hand the voter an arrival card stamped with the seal of the polling district, indicating which the voter was to come to the polling station to vote and shall show the committee member to be addressed for a ballot paper. It shall not be permitted to hand several arrival cards to one voter or to hand him another voter’s arrival card. If upon arriving at the polling station, the person does not have the required documents or it is not clear whether he has been entered on the electoral roll of this polling 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 out ballot papers, having established, on the basis of the produced documents that the person who arrived to vote is indeed the citizen of the Republic of Lithuania who has been entered on the electoral roll, or provided that two citizens of the Republic of Lithuania entered on the electoral roll of that polling district witness to this fact in writing to the electoral committee chairman, shall find the surname of the voter on the electoral roll and shall accept the arrival card from the person. After the voter and the committee member who hands ballot papers sign on the electoral roll of the polling district, the voter shall be handed a ballot paper. The arrival card shall not 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 the law.

 

Article 56. Voting Procedure

1. Having been handed a ballot paper, a voter shall go into a voting booth and mark the ballot paper personally. Only one voter at a time may enter a voting booth and stay there, with the exception of the case referred to in paragraph 5 of this Article.

2. On a ballot paper a voter shall mark the name of that candidate for President of the Republic whom he is voting for.

3. A voter shall personally put his ballot paper in the ballot box.

4. If a voter so requests, spoilt ballot papers shall be replaced by the decision of the polling district committee. The chairman of the electoral committee shall cross out the spoilt ballot paper with a fountain pen (ball-point pen) and shall sign it. The electoral committee secretary and one of the committee members shall also sign the spoilt ballot paper. Spoilt ballot papers shall be kept separately.

5. Voters who because of physical handicaps, illness or any other reason cannot carry out the actions referred to in this Article may choose another person to mark the ballot papers for them. This person must complete the ballot paper in the voter’s presence under his instructions, preserve the secrecy of voting and put the ballot paper in the ballot box in the voter’s presence. The chairman, members of the electoral committee, election observers and representatives for elections shall be prohibited from carrying out voting-related actions for the person who cannot carry out these actions because of physical handicaps, illness or any other reason.

 

Article 57. Voting by Post

1. Voting by post shall be made possible for voters who due to the health or age are in health care (except out-patient) facilities, social care institutions or carry out mandatory military service and, therefore, are unable to arrive at a polling district, or carry out active military service, civil service or work under employment contracts in international military operations abroad, or serve an arrest or custodial sentence, or are put in arrest houses, remand prisons (detention facilities). Voting by post shall be possible at special post offices during their business hours on the last Wednesday, Thursday or Friday before polling day. In military units stationed abroad voting by post shall be conducted in accordance with the procedure laid down by the Central Electoral Commission, on the recommendation of the Minister of National Defence. Expenses related to voting by post shall be covered from the state budget.

2. The head of the post office shall be responsible for the organisation of voting by post. The chairman of the electoral committee of the polling district on the territory whereof a post office is situated shall be responsible for organising the supervision of the post office work related to voting by post. He shall, together with the chairmen of other polling district committees who have been given such assignment by the municipal electoral committee, organise the participation of members of the electoral committees during voting in special post offices. Commanders of military units stationed abroad shall be responsible for organising voting by post in those military units.

3. The head of the post office, with the consent of the municipal electoral committee, shall appoint postal workers for the issue and collection of ballot papers and envelopes during voting by post, who are entrusted with the work with election documents. If the municipal electoral committee 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 and accept election documents shall be issued by the municipal electoral committee the certificates in the prescribed form. A postal worker who does not hold such a certificate shall not have the right to issue and accept election documents. An electoral committee member, election observer, who has produced his certificate to the postal worker, a voter, who has produced his passport or any other document proving his identity, shall have the right to write down his remark in the said certificate. The head of the post office shall immediately notify the municipal electoral committee about this fact.

4. The places referred to in Articles 61, 62 and 63 of this Law must have some premises (place) where a voter can, without interference and in secrecy, mark the ballot paper and put it in the ballot paper envelope. In these cases the voting procedure may be observed by election observers who have election observers certificates permitting them to observe an election in any polling district.

5. The postal worker shall issue election documents to a voter in accordance with the procedure established by the Central Electoral Commission. Together with ballot papers, voters shall be given postal vote envelopes. A covering envelope shall be addressed by the postal worker to the polling district committee which is indicated in the person’s poll card.

6. A voter shall vote in person and in secrecy:

1) mark a ballot paper;

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

3) seal the postal ballot paper envelope;

7. The actions referred to in paragraph 6 of this Article shall be carried out by a voter himself. If because of the physical handicaps, an illness or any other reasons a voter cannot carry out the said actions himself, at his request such actions shall be carried out by a person chosen by him. This person must mark the ballot paper in the voter’s presence in compliance with his instructions and preserve the secrecy of voting.

8. The voter or, at his request, the person chosen by him shall put the postal ballot paper envelope together with the voter's poll card in the covering envelope. The sealed covering envelope (with the voter's poll card, the postal ballot paper envelope and the ballot paper in it) shall be handed by the voter to a postal worker. Having received the covering envelope handed by the voter, the postal worker shall seal it with a special mark and give the voter a receipt confirming the acceptance of this envelope.

9. Postal workers shall be prohibited from carrying out for a voter the actions referred to in paragraphs 6 and 8 of this Article, accepting from the voter the covering envelope which is not sealed, issuing voters with election documents in other places and to other persons than those provided for in Articles 61, 62 and 63 of this Law. Voters shall be prohibited from taking out postal ballot papers, covering envelopes or handing them to other persons.

 

Article 58. Voting in Diplomatic Missions and Consular Posts of the Republic of Lithuania

1. Voters who have gone to foreign states shall be entitled to vote in diplomatic missions or consular posts of the Republic of Lithuania during their business hours. Not less than four hours must be allotted for voting during a business day of the said establishments. Voting shall end on polling day at the Republic of Lithuania time.

2. Voting commissions set up by the diplomatic missions or consular posts of the Republic of Lithuania shall hand election documents to the voters who have notified the said establishments about their places of residence, or, at their request, deliver the documents by post and accept them.

3. Voters who have come for voting to a diplomatic mission or a consular post of the Republic of Lithuania shall be prohibited from taking the election documents out of the premises or giving them to another person.

 

Article 59. Voting on Ships

1. Voters (ship’s crew and passengers) who are aboard a ship and who left from a port of the Republic of Lithuania not earlier than four days prior to polling day but do not return until polling day, or in the presence of other circumstances because of which they cannot vote in their polling district, by post, in a diplomatic mission or consular post of the Republic of Lithuania, shall have the right to vote on the ship.

2. On the recommendation of the Minister of Transport and Communications, the Central Electoral Commission shall draw up a list of ships which are sailing under the flag of the State of Lithuania, with no less than five crew members - voters, on which voting is organised and with which the radio communication is maintained during the voting. On the recommendation of the Minister of Transport and Communications, the Central Electoral Commission shall fix such time for voting on the ship that each voter who is aboard the ship shall be given the opportunity to vote.

3. Poll cards shall not be issued to the voters voting on ships.

 

Article 60. Organisation of Voting in Diplomatic Missions, Consular Posts and on Ships of the Republic of Lithuania

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

2. Voting commissions shall be composed of a commission chairman and at least two members. A voting commission shall be set up in a diplomatic mission or consular post of the Republic of Lithuania by its head from the employees of the diplomatic mission or consular post of the Republic of Lithuania, or from other citizens of the Republic of Lithuania residing in a foreign country. The procedure for giving written pledges of voting commission members shall be established by the Central Electoral Commission.

3. Voting commissions on ships shall be set up by ship captains – citizens of the Republic of Lithuania, taking into account the decision of a meeting of the ship’s crew – citizens of the Republic of Lithuania.

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

5. On the recommendation of the Minister of Foreign Affairs, the Central Electoral Commission shall draw up a list of diplomatic missions and consular posts of the Republic of Lithuania in which voting will be conducted and shall set polling days (no less than 10) for each diplomatic mission and consular post.

6. In diplomatic missions, consular posts of the Republic of Lithuania – their heads and on ships – their captains (citizens of the Republic of Lithuania) shall be responsible for organizing voting, submitting to the Central Electoral Commission the records and other documents designated by it. The Ministry of Foreign Affairs of the Republic of Lithuania shall guarantee safe electronic means by which the voting commissions will electronically transmit to the Central Electoral Commission the data of election documents in accordance with the procedure laid down by the Central Electoral Commission.

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

8. Chairmen and members of voting commissions shall be paid remunerations for their work in the voting commissions in accordance with the rates submitted by the Central Electoral Commission and approved by the Government.

 

Article 61. Voting in Health Care (Except Out-patient) Facilities, Social Care Institutions

1. Voters who because of their health condition or age are in health care (except out-patient) facilities, social care institutions shall be entitled to vote in such institutions.

2. A municipal electoral committee shall, not later than 15 days before polling day and on the recommendation of the heads of institutions referred to in paragraph 1 of this Article, draw up a list of special post offices and, on the recommendation of the head of the post office, set such working hours of the post offices so as to make sure that polling days in them are in compliance with Article 57(1) of this Law.

3. The heads of institutions referred to in paragraph 1 of this Article shall draw up lists of voters voting in special post offices. The following must be indicated in such list of voters voting in a special post office: voter’s name and surname, personal number, municipal electoral committee (name and number), whether or not the voter has a poll card. The head of an institution shall transfer the list of voters voting in a special post office to the municipal electoral committee, receive poll cards from it or print them on the basis of the data received electronically and ensure the delivery of poll cards to voters, allocate premises suitable for voting, and be responsible for voters being notified about the working place and time of the special post office as well as facilitating the access of voters to the special post office.

4. Voters without movement disorders shall vote in accordance with the procedure laid down in Article 57(6) and (7) of this Law. Voters with movement disorders shall be visited by at least two polling district committee members, election observers (should they wish so) and employees of special post offices.

5. If because of physical handicaps, illness or any other reasons voters are unable to vote themselves, they may entrust other persons to vote for them. These persons must mark the ballot paper in the voter's presence under his instructions and preserve the secrecy of voting.

6. Committee members, employees of a special post office and election observers shall be prohibited from carrying out the actions related to voting, as well as from accepting an unsealed covering envelope from the voter.

7. It shall be prohibited to exert influence upon self-determination of voters who are in health care (except out-patient) facilities, social care institution, or to rush him to vote.

 

Article 62. Voting in Military Units

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

2. A municipal electoral committee shall, not later than 15 days prior to polling day and on the recommendation of the commanders of military units stationed within the territory of the Republic of Lithuania, draw up a list of special post offices and, on the recommendation of the head of the post office, set such working hours of the post offices that the days of voting in them would be in compliance with Article 57(1) of this Law.

3. The commanders of military units shall draw up lists of voters voting in special post offices. The following must be indicated in this list of voters voting in a special post office: voter’s name and surname, personal number, municipal electoral committee (name and number), whether or not the voter has a poll card. The commander of a military unit shall transfer the list of voters voting in a special post office to the municipal electoral committee, receive poll cards from it or print them on the basis of the data received electronically and ensure the delivery of poll cards to voters, allocate premises suitable for voting, and be responsible for voters being notified about the working place and time of the special post office as well as facilitating the access of voters to the special post office. If it is impossible to set a special post office or to ensure that voters will be able to properly carry out actions related to voting, the commanders of military units (with the exception of the commanders of the military units stationed abroad) shall create conditions for voters to go to another special post office for voting or to travel on polling day to a polling district on the electoral roll of which their names have been entered.

4. The provisions of Article 57 of this Law shall apply to voting in military units.

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

 

Article 63. Voting in Penitentiary Institutions

1. Voters who serve an arrest or custodial sentence shall be entitled to vote in an institution where they serve a sentence.

2. A municipal electoral committee shall, not later than 15 days prior to polling day and on the recommendation of the heads of penitentiary institutions, draw up a list of special post offices and, on the recommendation of the head of the post office, set such working hours of the special post offices that the days of voting in them would be in compliance with Article 57(1) of this Law.

3. The heads of penitentiary institutions shall draw up a list of voters voting in special post offices. The following must be indicated in this list of voters voting in a special post office: voter’s name and surname, personal number, whether or not the voter has a poll card. The head of a penitentiary institution shall transfer a list of voters voting in a special post office to the municipal electoral committee, receive poll cards from it or print them on the basis of the data received electronically and ensure the delivery of poll cards to voters before the voting, allocate premises suitable for voting, and be responsible for voters being notified about the working place and time of the special post office as well as facilitating the access of voters to the special post office.

4. The provisions of Article 57 of this Law shall apply to voting in penitentiary institutions.

5. The provisions of this Article and Article 57 of this Law shall apply to voting in arrest houses, remand prisons (detention facilities).

6. It shall be prohibited to exert influence upon self-determination of a voter voting in an arrest house, a remand prison (detention facilities) or a penitentiary institution, or to rush him to vote.

 

Article 64. Voting at Home and Early Voting

1. Only the following voter may vote at home: disabled voters, voters with temporary working incapacity, voters aged 70 and over if, because of the health condition, they are unable to come to a post office to vote or to a polling district on polling day and if they produce a voter’s request in the form set by the Central Electoral Commission for voting at home. Electoral committees which make up and verify lists of voters voting at home shall be entitled to receive information concerning disabled persons from the State Social Insurance Fund Board or its territorial departments, and information concerning persons with temporary working incapacity – from health care facilities. Electoral committees must not disseminate this information and shall use it only for making up and verifying lists of voters voting at home.

2. Only those voters shall be entitled to early voting who are unable to arrive at a polling district to vote on polling day. A municipal electoral committee shall organise early voting. Early voting must be conducted from 8 am to 8 pm on the Wednesday and Thursday before polling day, in the premises prepared beforehand and fitted for voting, which are situated in the building where a workplace of the mayor (the director of the administration) of that municipality is located. In order to hand out and accept ballot papers and covering envelopes during early voting, the chairman of a municipal electoral committee shall appoint not less than two members of a municipal electoral committee or polling district committees who cannot be proposed by the same political party. Early voting shall be supervised by the chairman of the municipal electoral committee or, on his instruction, a member of the municipal electoral committee. The chairman of the Central Electoral Commission, a member of this Commission authorised by him or the chairman of the municipal electoral committee who has established, in accordance with the procedure laid down by the Central Electoral Commission, the cases of bribery of voters, transportation of a voter to vote, encouragement to vote for a fee or other cases grossly violating the voter's rights, must suspend early voting until the violations will be removed and it will be possible to conduct an election freely and democratically in accordance with the requirements of this Law.

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

4. On the last Thursday before polling day, a polling district committee shall draw up and approve a roll of voters voting at home, who are entered on the electoral roll of that polling district. On the Wednesday before polling day a municipal electoral committee shall draw up and approve a roll of voters who reside or temporarily stay within the territory of a concrete polling district but have been entered on the electoral roll of another polling district and have not been entered on the electoral roll of this polling district when revising them.

5. On the Friday or Saturday before polling day, from 8 am to 8 pm at least two members of a polling district committee shall deliver postal vote covering envelopes and ballot papers to the homes of the voters who have been entered on the roll of the polling district voters voting at home and who are the voters of this polling district. On the Thursday before polling day at least two members of a municipal electoral committee or, by order of its chairman, at least two members of a polling district committee shall deliver postal vote covering envelopes and ballot papers to the homes of the voters who have been entered on the electoral roll of the municipal voters voting at home, but who have not been entered on the electoral roll of the polling district within the territory of which they temporarily stay. Voting at home and early voting may be observed by election observers who have the certificate to observe elections in any polling district. After the voting is completed, the sealed covering envelopes shall be delivered to the municipal electoral committee which will transfer them to polling districts together with election documents of voters who voted by post. Lists of voters who voted at home and who participated in early voting, ballot papers which were not used shall be included into the accounting and preserved by the electoral committees which organised voting. After the end of elections such committees shall transfer the said documents together with other elections documents to an appropriate municipal electoral committee or the Central Electoral Commission.

6. A concrete schedule of electoral committee members’ coming to the homes of voters shall be approved by the chairman of a polling district or municipal committee not later than, respectively, in the Wednesday or Thursday before the noon of polling day. This schedule shall be made public; its copy shall be posted up on the billboard of the polling district (municipal electoral) committee on the day of approval of the schedule. Only the electoral committee members and election observers proposed by different political parties may come together to the homes of the voters.

7. The provisions of Article 57(6) and (7) of this Law shall apply to voting at home and early voting.

8. A voter shall hand the sealed covering envelope (which contains the poll card, the ballot paper envelope and the ballot paper in it) to a member of the polling district (municipal electoral) committee. Having received the envelope handed by the voter, he shall give the voter a receipt confirming the acceptance of this envelope.

9. When a voter votes at home or participates in early voting, it shall be prohibited to exert influence upon his self-determination and to hasten his voting. Committee members shall be prohibited from carrying out the actions for a voter referred to in Article 57(6) and (7) of this Law as well as from accepting an unsealed covering envelope from a voter. Voters shall be prohibited from taking out ballot papers or giving them to other persons.

 

CHAPTER NINE

COUNTING OF VOTES AND ESTABLISHMENT OF ELECTION RESULTS

 

Article 65. Keeping Records of Covering Envelopes and Ballot Papers

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

2. Keeping records of postal vote covering envelopes and ballot papers, their issuing and acceptance when voting in special post offices shall managed by the heads of these post offices. They shall indicate the data in a journal specially designated for this purpose. Keeping records of postal vote covering envelopes and ballot papers, used when voting in military units stationed abroad, their issuing and acceptance shall be managed by the commanders of those military units. They shall transfer to the Central Electoral Commission the data of election documents, unused postal vote covering envelopes, ballot papers and postal vote covering envelopes with ballot papers marked by voters. The Central Electoral Commission shall, not later than until polling day, forward the received covering envelopes with ballot papers completed by voters to the electoral commission of the polling district on the electoral roll of which the voter concerned has been entered.

3. One day before polling day the head of a post office shall deliver unused postal vote covering envelopes and ballot papers, receipts confirming the acceptance of the envelopes and special marks to the municipal electoral committee.

4. The heads of the post offices or persons authorised by them shall deliver postal vote covering envelopes containing ballot papers completed by voters to municipal electoral committees on polling day, but not later than by 11 am, and the municipal electoral committees shall forward them to the respective polling district committees before the closing of voting.

5. Covering envelopes, unused and spoilt ballot papers of voters who voted on the Thursday before polling day shall be transferred to a municipal electoral committee by the members of the electoral committees who went to the homes of the voters pursuant to the provisions of Article 64 of this Law. The municipal electoral committee shall, not later than on the Friday before polling day, deliver postal vote covering envelopes to the post office.

6. Covering envelopes, unused and spoilt ballot papers of voters who voted on the Friday or Saturday before polling day shall be transferred to the chairman of a polling district committee not later than 9 pm of the same day. Having checked the received election documents, the polling district committee shall decide whether or not voting at home has met the requirements of this Law.

7. Covering envelopes shall be stored together with ballot papers.

8. Before starting to count the votes, the covering envelopes of voters who voted by post shall be put together with the covering envelopes of voters who voted at home, mixed and counted together according to the procedure laid down by Article 68 of this Law and in the same manner as the votes received by post.

 

Article 66. Keeping Records of Ballot Papers in Polling Districts

1. Upon the closing of a polling station the chairman of the polling district committee, in the presence of at least 3/5 of the members of the electoral committee, shall close and seal the ballot-box slot, collect unused ballot papers from each member of the polling district committee, count them publicly, record the number of unused ballot papers in the vote counting record, and verify, against the signatures in the electoral roll as well as the poll cards, if all ballot papers have been handed lawfully.

2. The polling district committee shall count the unused and spoilt 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 spoilt ballot papers shall be entered in the vote counting record.

 

Article 67. Counting of Votes of Voters who Voted in the Polling Station of the Polling District

1. The polling district committee, in the presence of at least three-fifths of its members, shall inspect the ballot box of the polling station whether or not the seals have been broken and whether or not there are other evidences which indicate that it could have been opened or that ballot papers could have been removed in any other way. The polling district committee, in the presence of at least three-fifths of its members, shall decide if the ballot box has been tampered with. If the polling district committee decides that the ballot box was tampered with, an act shall be drawn up with regard to this fact and votes shall not be calculated.

2. Upon the ascertainment that the ballot box was not tampered with and in the presence of at least three-fifths of the members of the polling district committee as well as election observers, the ballot box shall be opened, all ballot papers shall be placed on tables (any other documents and writing materials must not be present on the tables) and votes shall be counted.

3. Votes shall be counted in such a way that this procedure, marks made by voters in ballot papers may be observed by all persons present when counting the votes. The Central Electoral Commission shall lay down the concrete procedure for counting votes.

4. The number of the voters of the polling district shall be established according to the electoral roll of the polling district. The number of voters who have been handed ballot papers shall be determined according to the signatures of the voters confirming the receipt of the ballot papers. The number of voters who have voted in the polling district shall be determined according to the number of the ballot papers found in the ballot box of the polling district. The number of voters who have participated in the election shall be established according to the number of ballot papers found in the ballot box of the polling district and the number of ballot papers received by post.

5. Having found more ballot papers in the ballot box than were handed to the voters, the polling district committee shall take measures to clarify the reason.

6. The results of the vote counting shall be entered in the vote counting records.

 

Article 68. Keeping of the Records of Voters who Have Voted by Postal Vote Envelopes and the Counting of their Votes

1. After the counting of ballot papers found in the ballot box, votes of voting by post and votes cast by envelopes shall be calculated in the following procedure:

1) the chairman of the polling district committee presents unopened postal vote covering envelopes, i.e. the covering envelopes of voters of this polling district who voted at home, as well as the covering envelopes of voters who participated in early voting and whose covering envelopes were received from the municipal electoral committee.  The number of the said postal vote covering envelopes shall be announced and entered in the vote counting record.

2) covering envelopes are opened one at a time;

3)  a poll card is taken out of the covering envelope, the voter’s surname and the number of the poll card are read aloud, these data are checked against the electoral roll of the polling district, and in the polling districts which are connected to the electronic electoral roll - against the data of the said electoral roll. The ballot paper envelope shall be stamped with the seal of the polling district. If the person on the roll card in the covering envelope is not on the electoral roll of the polling district or if the voter’s signature in such electoral roll confirms that he has already voted in the polling district, or if it is indicated in the electoral roll that the consent was given for that person to vote in another polling district, or if another postal vote covering envelope has been received from the same voter, if there is no poll card or there is more than one poll card in the covering envelope, or if there is more than one ballot paper envelope in the covering envelope, such covering envelope shall be considered inappropriate. The seal shall not be affixed on the ballot paper envelope (envelopes) enclosed in the postal vote counting envelope which is recognised as inappropriate, the ballot paper envelope shall be crossed through, left unopened, the word “Inappropriate for stamping” shall be written down on it and the reason for recognising the envelope as inappropriate shall be indicated. The content of the envelopes recognised as inappropriate shall not be taken into account in the vote counting record of the polling district, however, the number of such envelopes shall be entered;

4) in  the electoral roll of  the polling district, the words "balsavo paštu" (postal voting) or “BP” (PV) are written by the surname of the voter whose vote has been received by post and at home, while in the electronic roll in the polling districts connected to the electronic electoral roll it is indicated that a voter has voted;

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

6) when all envelopes received by post and at home have been inspected, the ballot box is opened and the sealed ballot paper envelopes are opened. If there is more than one ballot paper in the ballot paper envelope, all the ballot papers in the envelope shall be considered invalid. The votes received by post shall be further counted according to the requirements of Article 72 of this Law.

2. If only one sealed ballot paper envelope is in the polling 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 the above mentioned committee. This committee shall enter the results of the voting in its vote counting record.

 

Article 69. Vote Counting Records of the Polling District

1. A vote voting record shall be drawn up in every polling district. It shall include:

1) the number of voters in the polling district;

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

3) the number of ballot papers delivered to each committee member, the number of ballot papers delivered to voters, the number of voters' signatures, the number of spoilt ballot papers;

4) the number of unused ballot papers;

5) the number of voters who have voted in the polling station of the polling district;

6) the time of the opening of the ballot box;

7) the number of invalid ballot papers found in the ballot box;

8) the number of valid ballot papers found in the ballot box;

9) the number of votes found in the ballot box which have been separately cast for each candidate for President of the Republic;

10) the number of covering envelopes of voters who have voted at home, the number of covering envelopes of voters who have participated in early voting (the envelopes being received from the municipal electoral committee), the number of postal vote covering envelopes received by post, the total number of covering envelopes received, the number of sealed ballot paper envelopes, the number of envelopes recognised as inappropriate;

11) the number of invalid ballot papers received in covering envelopes;

12) the number of valid ballot papers received in covering envelopes;

13) the number of votes received in covering envelopes for each candidate for President of the Republic;

14) the total number of voters who participated in the election in the polling district;

15) the total number of invalid votes in the polling district;

16) the total number of votes cast for each candidate for President of the Republic.

2. If more ballot papers are found in the ballot box than it has been delivered to voters, this shall be entered in the vote counting record, indicating the number of extra ballot papers which were found.

3. The chairman and members of the polling district committee shall sign the vote counting record of the polling district. After that the election observers shall sign the records. Their remarks, the separate opinions of the committee members shall be appended to the records and shall be an integral part thereof.

 

Article 70. Invalid Ballot Papers

1. Invalid ballot papers shall be:

1) ballot papers which are not in the prescribed form;

2) ballot papers sealed with the seal of another polling district;

3) ballot papers in which voters marked more than one candidate for President of the Republic.

4) ballot papers on which voters have not marked any of the candidates for President of the Republic.

2. The decision to declare a ballot paper invalid shall be made by the polling district committee.

 

Article 71. Presentation of Vote Counting Documents of the Polling District to the Municipal Electoral Committee

1. The polling district committee shall put all ballot papers, including invalid and unused ballot papers, all covering envelopes, vote counting records, electoral rolls and other election documents into packages, shall make their inscriptions and seal them in accordance with the procedure established by the Central Electoral Commission. Packages shall be delivered to the municipal electoral committee within 12 hours after the closing of voting.

2. The Central Electoral Commission and the Ministry of the Interior of the Republic of Lithuania must ensure the safety of transportation of the election documents and the persons transporting them.

 

Article 72. Vote Counting of the Polling District in the Municipal Electoral Committee

1. The municipal electoral committee shall begin counting votes upon receiving all vote counting records and other election documents from all polling districts.

2. The municipal electoral committee shall accept the election documents delivered by the polling district committee and shall check:

1) whether all documents (packages) which had to be submitted have been delivered;

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

3) whether all data have been entered in the vote counting record; if they do not contradict one another; if they correspond to the data available to the municipal electoral committee (the number of ballot papers issued to the polling district committee, the number of voters, the number of covering envelopes received by post);  if there are all necessary signatures; whether all separate opinions of the committee members, remarks of election observers are attached to the record in which they are specified; and

4) whether all remarks and complaints of voters have been considered in the polling district committee.

3. The municipal electoral committee shall immediately report the data of the vote counting record, its comments concerning the documents submitted by the polling district committee to the Central Electoral Commission in the manner prescribed by it and shall ensure the safety of the submitted documents.

4. The packages sealed by the polling district committees, which contain ballot papers and other election documents, may be opened in the municipal electoral committee only by the decision of the municipal electoral committee.

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

6. The municipal electoral committee shall count the votes in the following manner: shall sum up the data submitted by the polling district committees and shall add to them the votes cast by post, which have been counted in the municipal electoral committee.

 

Article 73. Vote Counting Records of Municipal Electoral Committees

1. In accordance with vote counting records of the polling districts, ballot papers and other election documents, the municipal electoral committee shall establish:

1) the number of voters who have participated in the election held in the municipality which is equal to the number of voters who have voted in the polling districts of the municipality;

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

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

4) the number of votes cast for each candidate for President of the Republic. This number shall be equal to the sum of votes received in the polling districts separately for each candidate for President of the Republic.

2. The data referred to in paragraph 1 of this Article shall be entered in the vote counting record of the municipal electoral committee. Vote counting records of the municipal electoral committees shall be signed by the chairman and members of the electoral committee of that municipality. An extract or a copy of the vote counting record of the municipal electoral committee shall be presented to the election observers and the electoral committee members at their request.

 

Article 74. Presentation of Vote Counting Documents of Municipal Electoral Committees to the Central Electoral Commission and Establishment of Results of Presidential Elections

1. The Central Electoral Commission may begin establishing election results after the vote counting records of all municipal electoral committees as well as other election documents have been received.

2. All documents (except financial documentation) received from the polling districts, electoral rolls, the vote counting record of the municipal electoral committee, the minutes of the municipal electoral committee for the whole period of its activities and other election documents shall be placed into special packages and sealed by the municipal electoral committee. Packages shall be delivered to the Central Electoral Commission within the time limits fixed by the Central Electoral Commission.

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

1) the number of voters of the Republic of Lithuania;

2) the number of voters who have participated in the presidential election;

3) the number of invalid ballot papers;

4) the number of valid ballot papers; and

5) the number of votes cast for each candidate for President of the Republic.

4. While investigating the complaints filed in accordance with the procedure established by this Law, the Central Electoral Commission may recount ballot papers and, upon the establishment of errors in their counting, may correct entries in the vote counting records. The Central Electoral Commission may not consider invalid the vote counting records of polling district committees and municipal electoral committees due to the errors detected in the vote counting records.

5. The Central Electoral Commission may declare the presidential election results null and void, if it has established that the severe violations of this Law committed after the announcement of a presidential election date until the end of the election campaign as set in this Law as well as in the course of voting or the falsification of documents had an essential influence on the presidential election results. In this case a rerun presidential election shall be conducted in accordance with the procedure laid down in Article 77(6) of this Law.

6. A candidate for President of the Republic shall be considered elected if during the first voting in which at least half of all the voters participated he has received more than half of the votes of all the voters participating in the election. If less than half of all the voters participated in the election, a candidate for President of the Republic shall be considered elected, if he has received the most, but no less than one-third of votes of all the voters.

7. If during the first round of voting none of the candidates for President of the Republic gets the required majority vote, run-off voting shall be conducted according to the procedure established by this Law within two weeks of polling day between the two candidates for President of the Republic who have received the most votes in the first round of voting. A date of run-off voting shall be announced by the Central Electoral Commission together with the final results of the first voting. The candidate for President of the Republic who gets more votes during the run-off voting shall be considered elected.

8. If during the first round of voting in the presidential election not more than two candidates took part and neither of them has received the necessary number of votes, a rerun presidential election shall be held not later than within three months from the presidential election day.

 

Article 75. Participation of Observers in Vote Counting and the Establishment of Election Results

1. Observers of political parties which have nominated candidates for President of the Republic, observers appointed by candidates for President of the Republic and representatives of the mass media may participate in the counting of votes in polling district committees and municipal electoral committees as well as in the establishment of election results in the Central Electoral Commission.

2. The observers shall have the right to make remarks and claims to the electoral committees concerning the violations of this and other laws of the Republic of Lithuania, but they must not hinder the work of the electoral committees. Election observers shall have the right to make written protests which must be added to the electoral committee minutes or decisions and, together with other election documents, must be delivered to the electoral committee which set up this electoral committee.

 

Article 76. Proclamation of Election Results

1. The final results of the presidential election shall be proclaimed by the Central Electoral Commission on the seventh day following the polling day.

2. The results of the rerun election of the President of the Republic shall be proclaimed by the Central Electoral Commission within seven days from the run-off voting day.

 

Article 77. Inquiry Concerning the Violation of this Law

1. Not later than within three days of the proclamation of the election results, the Seimas of the Republic of Lithuania may appeal to the Constitutional Court of the Republic of Lithuania (hereinafter: 'the Constitutional Court') with the inquiry whether or not this Law has been violated during the election of the President of the Republic.

2. The Constitutional Court shall investigate and evaluate only the decision of the Central Electoral Commission or its refusal to investigate complaints concerning the violations of this Law in the cases when the decisions have been adopted or other actions of the Central Electoral Commission have been performed after the closing of voting during the election of the President of the Republic.

3. This inquiry referred to in paragraph 1 of this Article shall be investigated by the Constitutional Court not later than within 72 hours of its submission to the Constitutional Court. Rest days and public holidays shall be included in this time limit.

4. Basing itself on the findings of the Constitutional Court, the Seimas shall adopt the final decision concerning the violation of this Law.

5. If the Constitutional Court makes a conclusion that the Central Electoral Commission has severely violated this Law or has falsified election documents and this has had an essential influence on the establishment of the presidential election results, the Seimas may pass one of the following resolutions:

1) to declare the presidential election results invalid – where, from the vote counting records, it is impossible to establish the true election results; or

2) to establish true final presidential election results according to the vote counting records confirmed by the electoral committees, provided that the decisions of the electoral committees concerning confirmation of these records have not been appealed against in the Supreme Administrative Court of Lithuania, and the Supreme Administrative Court of Lithuania has not reversed the decisions of the electoral committees concerning confirmation or non-confirmation of these records.

6. Upon declaration of the results of the presidential election invalid, the rerun election of the President of the Republic shall, not later than within three months of the presidential election day, be held in accordance with the procedure laid down by this Law.

 

Article 78. Preservation of Documents of Presidential Elections

The Central Electoral Commission shall, not later than within three months of the proclamation of the final results of the presidential election, prepare and publish a book about the presidential election results and shall within four months transfer the vote counting records of the polling district committees and municipal electoral committees, nomination documents (except the forms for the collection of voters' signatures), minutes of the sittings and the decisions of the Central Electoral Commission and a set of sample presidential election documents to the State Archives for permanent preservation. After that the Central Electoral Commission may, in a prescribed manner, decide to destroy the presidential election documents which are not subject to preservation.

 

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

 

 

 

 

PRESIDENT OF THE REPUBLIC                                                  DALIA GRYBAUSKAITĖ