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Amendment To The Parliamentary Elections Act

Original Language Title: Grozījumi Saeimas vēlēšanu likumā

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The Saeima has adopted and the President issued the following law: parliamentary election law amendments to make the parliamentary election Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1995, nr. 13; 1998, nr. 9, 13; 2002, 12, 13 no, no 19; 2003) follows: 1. Article 5: to express the point 3 and 4 by the following: "3) is convicted for an intentional criminal offence, except persons who have been rehabilitated or conviction or removed;
4) offence provided for in the criminal law of the time remained in a State of insanity, limited State or after the dismissals of the crime become infected with psychiatric disorders, they took the opportunity to understand their actions or their drive, and that due to appropriate medical coercive means or whether the case ended without such coercive measures of application; "
to supplement the article with paragraph 8 by the following: ' 8) is punished with ban to stand for Parliament, the European Parliament, City Council, District Council and Parish Council elections, except persons who have been rehabilitated or convictions or removed. "
2. in article 6: supplement the article with a new second subparagraph by the following: "(2) If the Saeima parliamentary candidate is logged on a member of the European Parliament, he month of parliamentary candidate list registration shall be submitted to the Central Election Commission documents showing that he has left the Office of members of the European Parliament. If such documents are not submitted, the Central Election Commission deleted the proposed candidates from the parliamentary candidates list. ";
consider the second part of the third paragraph of article.
3. Express article 10 first and second subparagraph by the following: "(1) the list of candidates presented by each candidate's name, surname and personal code.
(2) the list of candidates applied for the number to be about three candidates to exceed the electoral area elected members. "
4. in article 11: paragraph 3 be expressed as follows: "3) each candidate's list of the signed declaration that he complies with this law, the requirements of article 4 and is not the subject of this Act referred to in article 5;";
make a paragraph 4 subparagraph by the following: "(a)) the applicant's name, surname, year of birth, gender, if they wish, including ethnicity, marital status,";
Express 4. point "d", "e" and "f" at the bottom of the paragraph by the following: "(d)) domicile (Republic city or State, and city, County, or parish), e) jobs and posts (including posts in public organizations, associations, political, religious organisations and trade unions) or, if not, occupation, employment status, f) an educational institution where the year ended and what a degree obtained and in what specialty,";
Replace paragraph 4 of the "i" in the word "the" with the word "eminents such issuer";
turn off the "j" in paragraph 4.
5. Article 13: Add to point 1 of the second paragraph after the word "where" with the words "notes that";
make the second subparagraph of paragraph 1, "a" and "b" in subparagraph by the following: "(a)) a person is not to stand as a candidate in parliamentary elections, b) a candidate is a person who is not this law, article 6 of the first or second subparagraph in accordance with the procedure laid down in the left position (), the";
replace the third subparagraph in paragraph 4, the words "provided for in the criminal code at the time of the offence was a State of insanity or of the crime along with the disease contracted it stripped the ability to understand or control his actions" with the words "provided for in the criminal code at the time of the offence was a State of insanity, limited State or after the dismissals of the crime become ill with psychiatric disorders who then took the opportunity to understand their actions or their drive and because the appropriate medical coercive means or whether the case ended without such coercive measures of application ";
replace the third paragraph 8 the words "civil registry department" with the words "citizenship and Migration Affairs Administration";
Supplement to the third part of paragraph 9 by the following: "9) in accordance with the judgment of the Court of Justice is not eligible to stand for Parliament, the European Parliament, City Council, District Council and Parish Council elections-confirm the Interior Ministry's information center.";
to supplement the article with a fifth by the following: "(5) If the Central Election Commission for information about that candidate is not eligible to stand as a candidate in parliamentary elections, receiving more than 50 a day before the election and it is not possible to make a new list of candidates for the ballots, voters in question is prepared in the candidate list ballots with the candidate's name. Counting of votes and election results in the calculation of the relevant person votes cast are not taken into account. "
6. To supplement the law with article 13.1 the following: "13.1 article. (1) the Central Election Commission's decision on the candidate list registration or refusal to register the list of candidates, as well as apply for the candidate's removal from the registered list of candidates may be appealed against in court within three working days of the date of such decision.
(2) in order to comply with the judgment of the Court of Justice, which canceled the first paragraph of this article, the decision of the Central Election Commission registered or deleted the list of candidates or a candidate applied for renewing the registered list of candidates or deleted from it. "
7. in article 14: turn in the second paragraph, the words "district (the town of the Republic) election commissions and abroad created";
to supplement the article with the fifth and sixth the following: "(5) the Central Election Commission provides election envelope production and delivery of polling stations commissions.
(6) the election envelope bearing the name of the elected members of the electoral and parliamentary order number. "
8. Express article 15 (2) of the following: "2) all candidates, including the information referred to in this law, for each candidate, other than the candidate's personal code;".
9. Express article 16, first paragraph as follows: ' (1) at least 10 days prior to election day at each polling station: 1) voters visible place post notices about proposed list of candidates and electoral programs;
2) should be available for the particulars referred to in this law, for each candidate, other than the applicant's social security number. "
10. Express article 18 the first paragraph by the following: "(1) Clock 7 morning precinct Commission Chairman or Secretary of the Commission to verify the presence, or the election boxes, which intended to throw the election signs are empty. Then precinct Commission Chairman or Secretary of the election box and the open part of the strengthened by the label, which is stamped with the seal of the Commission and signed by all present members of the Commission. You can also subscribe on the label, if the observer has arrived. "
11. Article 19: Supplement to the second part of the article as follows: "(2) the election precinct Commission Chairman is responsible for the election documents, materials and the respective District Commission transferred the supervision and storage."
believe the current text of the first part of the article.
12. Replace article 22, second paragraph, the word "special" with the word "election".
13. in article 23: make the fourth subparagraph by the following: "(4) Sealed envelope election election in the presence of members of the Commission drops in a sealed ballot box.";
make the fifth subparagraph second sentence by the following: "on the ballot envelopes received voter sign voters list, and it will be checked during the course of the election."
14. Add to article 24 to the seventh paragraph as follows: "(7) the suspect or accused who, involves persons who as a security feature applied to detention, the vote is organized in that person's location in the first paragraph of this article."
15. off article 25, the word "hearing".
16. Make the article 26 as follows: "article 26. (1) on the day of the elections is the responsibility of the employer to release the employee from work duties for the time necessary to vote.
(2) soldiers on election day should be from the responsibilities of the service for the time necessary for voting. "
17. Add to article 28, the second paragraph after the word "voters" with the word "immediately".
18. Replace article 29, second paragraph, the word "journalists" with the words "media representatives".
19. Article 31: make a fifth by the following: "(5) for the deemed unfit broken election envelopes, ballot envelopes, which are stamped with the seal of the Commission, the electoral precinct, as well as the electoral envelopes, which does not specify the name of the elected members of the electoral and parliamentary order number.";
make the second sentence of the sixth paragraph the following wording: "invalid election envelopes entered the election totals over the Protocol."
20. the express article 34 the third paragraph as follows: "(3) the election materials Packed in regard to the two election precinct Commission designated person supervision."
21. Article 35: turn off paragraph 1 first subparagraph;
make the first part of paragraph 2 by the following:

"2) repeatedly adds on each list the valid election;";
to supplement the article with the third part as follows: "(3) upon approval of the results of the vote counting station will notify the Commission present authorized observers and media representatives."
22. To supplement the law with article 35.1 of the following: ' article 35.1. (1) a list of the applicant shall be entitled to inspect the minutes and counting of votes, within three working days after the decision on the approval of the results, the challenge to the Central Election Commission. The Central Election Commission application review and decision within three days.
(2) the Central Election Commission's decision on the contested precinct Commission vote counting Protocol within three working days from the date of its adoption can be appealed in the Court. "
23. Make the article 36 the fourth sentence as follows: "after the Central Election Commission in the order of the District Election Commission shall forward the materials of the district (the city of the Republic) Election Commission."
24. Article 43 be worded as follows: "article 43. (1) polling stations abroad after a proposal of the Ministry of Foreign Affairs of the Central Election Commission of the Republic of Latvia established diplomatic or consular representations.
(2) in coordination with the Ministry of Foreign Affairs, the Central Election Commission can create voting sites in other suitable premises.
(3) voters in that election, vote reside abroad, personally on arrival at one of the established electoral precinct on election day or by mail in the manner set out in this law.
(4) the Central Election Commission can create Electoral Commission and polling stations on ships with a Latvian flag, which recorded in Latvia.
(5) voting in foreign countries and on ships organised, if possible to ensure compliance with the conditions of this law. "
25. the express article 45 as follows: "article 45. (1) a voter who wishes to vote by mail, the relevant Latvian diplomatic or consular office shall submit the application for postal voting and at the same time presented the Latvian citizen's passport. Voters in the application indicates your first name, last name, ID number and address in a foreign country to which to send election material. A voter may apply to vote by post for five months before election day, but no later than three weeks before election day.
(2) received the following submission, the diplomatic or consular authorities: 1) after the employee presented the passport checks whether the applicant is a citizen of Latvia who have reached 18 years of age, and make sure that there is no check mark in the passport for participation in the parliamentary elections;
2) recorded in the list of voters voting by mail;
3) made reference to the passport of the voter concerned parliamentary elections.
(3) if the application for postal voting without regard to submitted the first part of this article, the deadlines and procedures, or the applicant is not the applicant or a voter, if there is a check mark in the passport of the parliamentary elections, the diplomatic or consular authorities of the employee by a reasoned decision refusing to send electoral documentation.
(4) voting by mail a registered voter can change the electoral materials receipt address no later than three weeks before election day, the application shall be submitted to the relevant diplomatic or consular authority.
(5) when the election precinct Commission begins work, the diplomatic or consular authorities of the transferring employees voter registration documents.
(6) the circuit the Commission not later than 15 days before the election day voters send to the address indicated in the application all Riga electoral district a list of candidates applied for the ballot, with the precinct Election Commission seal stamped envelope and the registration page with information about the order in which the vote is to be made, including the number of voters registered in the list vote by mail. "
26. Article 47 of the expression as follows: "article 47. (1) the District Commission vote counting carried out in chapter IV of this law.
(2) the Commission shall open the circuit only pas ta envelopes that it receives to the start of the counting of votes in the respective station. Valid ballot envelopes are stored in unopened boxes to open up the voting.
(3) after being open for voting station in the voting box used and found it valid election found the number of envelopes, before opening the envelopes they received by post to add the valid election envelopes. "
27. Express article 51 as follows: "article 51. (1) the list of candidates applicants have the right to a decision by the Central Electoral Commission on the approval of the results of the elections within three working days after the appeal to the Court.
(2) submission of application to the Court does not stop in the first paragraph of the said decision. "
28. To supplement the law with 52.1 and 52.2 article as follows: "article 52.1. (1) the Central Electoral Commission within five days after you have received the conviction judgment in criminal cases on election law violations, whether they have had an impact on the distribution of the respective mandate in elections, and takes one of the following decisions: 1) reallocate mandates among the candidates have registered for the elections;
2) redistribute mandates among the candidates have registered for the elections.
(2) in the first paragraph, the said decision by the Central Electoral Commission within 10 days after adoption can be appealed in court.
(3) after the first paragraph of this article the decision to become the undisputed, the Central Election Commission shall send it to the parliamentary mandate and submissions to the Commission.
 Article 52.2. (1) the mandate of the Parliament and the Commission of the application after it has received the decision by the Central Electoral Commission for the reallocation of the mandate, it shall notify the next parliamentary session.
(2) If the Parliament endorses the decision of the Central Election Commission, by the time it ended in the Central Election Commission decision contains the mandate of the person and the Bureau be invited to join the parliamentary composition specified in that decision. "
29. To supplement the law with article 54 of the following wording: article 54. (1) this law article 13.1 in the case referred to in the first paragraph, the application shall be submitted to the administrative district court, but this law, in the second paragraph of article 35.1, article 51, first paragraph and in the second paragraph of article 52.1 in that case, the Supreme Court Senate Administrative Department.
(2) the court case as a Court of first instance. The case is being heard in the three judges.
(3) the court case and the determination shall be made: 1) 13.1 of this law in the first paragraph, in the second paragraph of article 35.1, article 51 in the case referred to in the first paragraph, within seven days after receipt of the application;
2) 52.1 this law referred to in the second subparagraph of article case — within 30 days after receipt of the application.
(4) the applicant shall indicate the grounds for the application. The burden of proof is participants of the administrative procedure.
(5) If the law says any procedural actions enforcement period, but by following the relevant procedural act within this time limit, does not comply with the third paragraph of this article, the conditions, the judge (Court) determines the appropriate term for the execution of procedural acts.
(6) the Court ruling, as well as other decisions which are taken by procedural actions or of the application submitted to the proposed proceedings are not open to appeal. "
The Parliament adopted the law of 9 March 2006.
State v. President Vaira Vīķe-Freiberga in Riga 23 March 2006 Editorial Note: the law shall enter into force on 6 April 2006.