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Amendments To The Law "on Election Canvassing Before The Parliamentary Elections And European Parliament Elections"

Original Language Title: Grozījumi likumā "Par priekšvēlēšanu aģitāciju pirms Saeimas vēlēšanām un Eiropas Parlamenta vēlēšanām"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on election canvassing before the parliamentary elections and European Parliament elections" to make the law "on election canvassing before the parliamentary elections and European Parliament elections" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1995, no. 18; 1998, no. 21; 2002, nr. 16; 2004, nr. 7; 2005, 20 no) the following amendments: 1. Add to article 2, with the third and fourth subparagraph by the following : "(3) the election canvassing period within the meaning of this law is the period of 120 days before the election to election day.
(4) If the Parliament is dissolved, the pre-promotion period within the meaning of this law is the period between the promulgation of the election days until election day. "
2. Replace article 3, first paragraph, the word "Prime" with the words "free airtime".
3. in article 5: replace the first subparagraph of paragraph 2, the word "last" with the word "penultimate";
Add to article 1.1 part as follows: "(11) in this law, article 2, fourth paragraph, in the case referred to in the name of one of the candidates on the list candidates have the right to election canvassing for the Latvian radio and Latvian Television use free of charge in 10 minutes during the period from 7 days until the penultimate day before election day."
4. in article 7: turn off first and in the second paragraph, the words "and the fourth paragraph of this article";
make the first part of the third sentence by the following: "the Latvian radio and Latvian Television for at least 150 days before the election send election canvassing transmission pricing, national radio and Television Council that this information immediately to the public in its homepage on the internet.";
Add to article 2.1, 2.2 and 2.3 of the part as follows: "(21) commercial broadcaster at least 150 days before the election day sends the national radio and Television Council election canvassing transmission pricing. The national radio and Television Council that information immediately to the public in its homepage on the internet.
(22) this law article 2, fourth paragraph, in the case referred to in the broadcaster's transmission pricing election canvassing shall be sent to the national radio and Television Council for issue no later than three working days from the date of notification of the elections.
(23) the broadcaster prohibits deploy election canvassing materials at a higher or lower price than that given in the article izcenojumo mentioned. These charges after their disclosure is not amenable. ";
off in the third paragraph, the words "directly or even payment made using the services of another person";
turn off the fourth part;
to supplement the article with a fifth by the following: "(5) political organization, political organization, an Association of individual members of the applicant, or the person authorised by the agreement on the allocation of broadcasting time switch directly and only with the broadcaster directly."
5. To make article 14 the following: ' article 14. Election day until 10 o'clock in the evening programmes of broadcasters banned include public opinion poll results on the political organization of political organisations or individual candidates popularity. "
6. Replace article 15, the words "election time" with the words "the pre-promotion period".
7. To supplement the law with article 23.1 as follows: "article 23.1. Public places located within the election canvassing materials indicates that a political organization or a political organization of the Association or which parliamentary candidate this election canvassing is paid. "
8. Express article 25 the following: "article 25.  (1) political organization, political organization, a separate parliamentary candidate or the person authorised by the agreement on the deployment of election canvassing materials to switch directly and only directly with the press.
(2) press for at least 150 days before the election sends the corruption prevention and combating Bureau the election canvassing materials deployment pricing, which shall be submitted to the political organization, the political organization of the Association or a separate parliamentary candidate. Article 2 of this law in the fourth part, in the case referred to in the press for election canvassing materials deployment pricing sends the corruption prevention and combating Bureau not later than three working days from the date of notification of the elections. Corruption prevention and combating Bureau such information immediately to the public in its homepage on the internet.
(3) press permitted to deploy election canvassing materials at a higher or lower price than the second part of this article in the izcenojumo. These rates are not amenable to their disclosure.
(4) each press published election canvassing materials indicating where within a political organization, political organizations or associations which parliamentary candidate this election canvassing is paid. "
9. Supplement article 26 with the third and fourth subparagraph by the following: "(3) a broadcaster who agreed with political organizations, political organizations, associations of individual parliamentary candidate or article 28 of this law the persons referred to in the first subparagraph for election canvassing materials placement, not later than the working day following the date of conclusion of the contract or changes in the contract concluded by sending the corruption prevention and combating Bureau notice of anticipated election canvassing materials.
(4) in the third subparagraph, the notification shall specify: 1) the date and number of the Treaty;
2) particulars of the parties: (a)) election canvassing materials izvietotāj: a broadcaster's name, registration number and registered office, b) principals — legal persons, including political organizations, political organizations, associations — the name, registration number and registered office, c) a Subscriber — physical person: first name, last name, ID number and address of the declared place of residence, d) Subscriber: the registered legal or natural person associations — the name, registration number and registered office, e) person What in the name of the subscriber contract (authorized person): name, surname, personal code, declared place of residence or the name, registration number and registered office;
3) each election canvassing materials deployment date, time and duration;
4) contract (value added tax);
5) applied discounts and the grounds, as well as the contract (value added tax), which would have been the case if the discount is not applied;
6 the contract payment procedures) and;
7) other information which the election canvassing materials considered essential izvietotāj. "
10. Article 27: Supplement to the second and third subparagraphs by the following: "(2) the press who agreed with political organizations, political organizations, associations of individual parliamentary candidate or article 28 of this law the persons referred to in the first subparagraph for election canvassing materials placement, not later than the working day following the date of conclusion of the contract or changes in the contract concluded by sending the corruption prevention and combating Bureau notice of anticipated election canvassing materials.
(3) in the second part of that notification shall specify: 1) the date and number of the Treaty;
2) particulars of the parties: (a)) election canvassing materials izvietotāj-press name, registration number and registered office, b) principals — legal persons, including political organizations, political organizations, associations — the name, registration number and registered office, c) a Subscriber — physical person: first name, last name, ID number and address of the declared place of residence, d) Subscriber: the registered legal or natural person associations — the name, registration number and registered office , e) person who concludes a contract on behalf of a client (authorized person): name, surname, personal code, declared place of residence or the name, registration number and registered office;
3) each election canvassing materials deployment date and area;
4) contract (value added tax);
5) applied discounts and the grounds, as well as the contract (value added tax), which would have been the case if the discount is not applied;
6 the contract payment procedures) and;
7) other information which the election canvassing materials considered essential izvietotāj. ";
believe the current text of the first part of the article.
11. To supplement the law with chapters VI, VII and VIII by the following: "chapter VI With political organizations and associations unrelated person canvassing article 28. (1) political organizations and associations unrelated person has the right to conduct election canvassing according to the procedures laid down in this Act.
(2) political organizations and associations unrelated person within the meaning of this law is a natural person, legal person or Association of such persons registered, in its behalf by election canvassing.

(3) the first paragraph of this article of canvassing is not considered to be election canvassing by political organization or a political organization of the Association, which submitted a list of candidates, such political organizations or political organizations of the Association of parliamentary candidate, as well as the political organization of the Association, which submitted a list of candidates, comprising a political organization.
(4) the Corporation, in which more than one percent of the capital (share) owned by the State, municipal or other public person, it is prohibited to conduct election canvassing.
29. article. Before or after each election canvassing in the radio or television, as well as the press, or in a public place in election canvassing materials located within delineated in article 28 of this law referred to in the first subparagraph, the person who paid the relevant election canvassing.
30. article. (1) a broadcaster at least 150 days before the election sends the national radio and Television Council the election canvassing in the prime time of pricing, conducted by article 28 of this law the persons referred to in the first subparagraph. Article 2 of this law in the fourth paragraph, in that case, the broadcaster's transmission pricing election canvassing shall be sent to the national radio and Television Council not later than three working days from the date of notification of the elections. The national radio and Television Council that information immediately to the public in its homepage on the internet.
(2) press for at least 150 days before the election sends the corruption prevention and combating Bureau the election canvassing materials deployment pricing submitted by article 28 of this law the persons referred to in the first subparagraph. Article 2 of this law in the fourth part, in the case referred to in the press for election canvassing materials deployment pricing sends the corruption prevention and combating Bureau not later than three working days from the date of notification of the elections. Corruption prevention and combating Bureau such information immediately to the public in its homepage on the internet.
(3) in the first and second rates referred to in part by their disclosure is not amenable.
(4) broadcaster and press permitted to deploy election canvassing materials at a higher or lower price than that specified in the first and second part of the above mentioned izcenojumo.
(5) in article 28 of this law the person referred to in the first subparagraph of the Treaty on the deployment of election canvassing materials with the broadcasters and press the switch directly, directly and without Governors.
(6) if the national law of the child, the public person (including municipal) authorities, and such a corporation where more than 50 percent of the capital (shares) belongs to the public, to a person of this law article 28, first paragraph, the said person spaces which make electoral canvassing or deployed election canvassing materials, the authority and the Corporation should be able to conduct election canvassing with the same terms of article 28, first paragraph.
(7) article 28 of the law referred to in the first subparagraph, the person concerned shall have the right to deploy election canvassing materials in public places, having informed the authorities concerned for at least three days in advance and pay according to this law, article 22 of the third. Authorities can determine the public place that must not be deployed election canvassing materials.
31. article. (1) the financial resources or property that is used to perform this Act article 28 referred to in the first subparagraph of canvassing, not considered donations (donations) to a political organization or a political organization of the Association political organizations (parties) Act.
(2) article 28 of the Act referred to in the first subparagraph, the person may use the pre-promotion features that do not exceed 15 minimum monthly salary. With a minimum monthly salary for the purposes of this Act, the minimum monthly salary is understood about what was fixed in the calendar year, January 1.
(3) this article features referred to in the second subparagraph of that article 28 of this law the persons referred to in the first subparagraph may use the election canvassing, constitute expenditure of the person concerned the pre-promotion period regardless of the date on which the transaction invoiced identity document (invoice, contract or other document), received or made payment for: 1) ad placement: a) public television, public radio, b), c), (d) the commercial television) commercial radio , e) newspapers, magazines, bulletins and other lawfully registered in periodic publications, which are prepared for iespiedtehnik and distributed widely throughout the country, f) newspapers, magazines, bulletins and other lawfully registered in periodic publications, which are being prepared and having a circulation of iespiedtehnik for the most part is distributed Republic of one city or municipality, g), (h)) on the internet and in public locations (squares, streets, they , on bridges and other similar sites) regardless of the ownership of property;
2) mail (including electronic mail) services to help send election canvassing materials;
3) charity, sponsorship funding, paying benefits and making donations (donations), if it is election canvassing in nature.
(4) all the financial resources are spent to make this law, article 28 referred to in the first subparagraph of canvassing, and exceed one minimum monthly salary directly and directly charged to the recipient's bank account. If used for election canvassing financial resources has reached one minimum monthly salary, further financial resources directly and charged directly in the recipient's bank account.
32. article. If with this law, article 28 referred to in the first subparagraph in agitation material placement costs the broadcaster concerned or in the press over this law, article 31 of the expenditure referred to in the second subparagraph, the broadcaster or the press rejects the conclusion of the contract.
Chapter VII the pre-promotion control procedures article 33. (1) political organization, political organization, Association of parliamentary candidate, as well as article 28 of this law, the person who breached the statutory restrictions on election canvassing, called to statutory liability.
(2) if the election canvassing during the corruption prevention and combating Bureau finds that a political organisation or a political organization of the Association has exceeded its political organizations (parties) financing statutory allowable election expenses or the amount of article 28 of this law the persons referred to in the first subparagraph has exceeded 31. this law referred to in the second subparagraph of article about the spending, but the current election canvassing is made for an amount in excess of the political organizations (parties) financing statutory allowable election expenses or the amount of article 31 of this law referred to in the second subparagraph of about, corruption prevention and combating Bureau Chief for this offence shall inform the political organizations, political organizations or associations of this law, a person referred to in article 28. Prevention of the infringement do not exempt from legal responsibility.
(3) if the election canvassing during the corruption prevention and combating Bureau finds that a political organisation or a political organization of the Association has conducted election canvassing on the amount exceeding the political organizations (parties) financing statutory allowable election expenses, or article 28 of this law the persons referred to in the first subparagraph is carried out canvassing for an amount in excess of this law, article 31 referred to in the second subparagraph the amount of expenditure Corruption prevention and combating Bureau Chief shall take a decision on the ban on future election canvassing for a fee.
(4) information about referred to in the third subparagraph of decision making, the cancellation or modification of the corruption prevention and combating Bureau will immediately publish their website on the internet.
(5) in the third subparagraph, the decision may be appealed to the district administrative court. The court filing does not suspend the operation of this decision.
(6) the Court of Justice in the fifth subparagraph of this article, these things look three working days from the date of receipt of the application of the administrative procedure law. The burden of proof is participants of the administrative procedure. If the law says any procedural actions enforcement deadline, but using the appropriate procedural time limits are not complied with the conditions set out in this part, the judge (Court) determines the appropriate term for the execution of procedural acts.
(7) Administrative District Court for judgment has been referred to in the third subparagraph, the executable immediately. If the Court accepts the short judgment, so that judgment declares the hearing.
(8) the corruption prevention and combating Bureau information about the judgment of the Court of Justice shall be published without delay in the fourth paragraph of this article.

(9) If, after the pre-promotion period corruption prevention and combating Bureau finds this law, article 31 of the second paragraph of rule violations, corruption prevention and combating Bureau chiefs must ask with political organizations and associations unrelated person 30 days off the State budget the financial resources at the level that meets the pre-promotion exceeded spending. At the request of the person concerned, corruption prevention and combating Bureau Chief may transfer funds to split, which generally does not exceed 90 days.
34. article. (1) If, in article 33 of this law referred to in the third subparagraph, corruption prevention and combating Bureau finds that certain broadcasting programmes or press further expected the political organizations, political organizations, associations, parliamentary candidate or article 28 of this Act, a person referred to in the first subparagraph is carried out by election canvassing, corruption prevention and combating Bureau Chief under the second paragraph of this article the requirements adopt a decision prohibiting the relevant broadcasters, or press to place the election material.
(2) this article for the adoption of the decision referred to in the first paragraph, the corruption prevention and combating Bureau law duly heard the broadcasters, or press view specific case, examine the appropriateness of the decision, the feasibility, as well as to the proportionality of the decision.
(3) the first paragraph of this article, the decision may appeal to the district administrative court. The court filing does not suspend the operation of this decision. The decision to look under this law, article 33 of the sixth part.
(4) If the law is repealed article 33, third paragraph, of the decision referred to in this article shall lapse in the first paragraph of the said decision. Corruption prevention and combating Bureau shall immediately inform the broadcaster concerned or the press.
(5) in the first paragraph, that decision does not press for the broadcaster and the obligation to pay the political organization, the political organization of the Association, parliamentary candidate or article 28 of this law in the first part of that person the expenses related to the agitation material placement.
Chapter VIII other election canvassing related restrictions article 35. On election day, and the day before the election election canvassing materials placement of radio and television, in public places, the press and the law in article 18 is prohibited in these institutions. "
12. transitional provisions be supplemented with 3, 4, 5 and 6 of paragraph by the following: "3. until the 2009 European Parliament elections planned for the day this law, article 31, paragraph 1, third paragraph" f "within the meaning of subparagraph with the terms" Republican cities "and" municipality "means a territory, which are created in the administrative and territorial reform.
4. The broadcasters and the press, who agreed with political organizations, political organizations, associations of individual parliamentary candidate or article 28 of this law the persons referred to in the first subparagraph for election canvassing materials before the deployment of this law, article 26, third and fourth subparagraphs of article 27 and the second and third parts of the date of its entry into force, notice of the expected deployment of election material sent to the corruption prevention and combating Bureau within 10 days of this law, article 26, third and fourth subparagraphs, and article 27 of the second, and the third part of the date of its entry into force.
5. with regard to the planned 2009 elections to the European Parliament article 7 of this law and in the first part, article 25 2.1, second paragraph, and article 30, first and second parts of the above pricing, broadcasters and press forward for issue to national radio and Television Council and the corruption prevention and combating Bureau for at least 120 days before the election day said.
6. The Cabinet of Ministers until 2009. September 1, develop and submit to the Parliament a draft law, which provides for political organizations, political organizations and associations unrelated person with the right to carry out canvassing referenda. "
The law shall enter into force on the day following its promulgation.
The law adopted by the Parliament in 2009 on January 15.
In place of the President of the parliamentary President G. Lot in Riga 2009 January 30 Editorial Note: the law shall enter into force by 31 January 2009.