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Amended City Council, District Council And Parish Council Electoral Law

Original Language Title: Grozījumi Pilsētas domes, novada domes un pagasta padomes vēlēšanu likumā

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The Saeima has adopted and the President promulgated the following laws: the City Council, District Council and Parish Council electoral law to make City Council, District Council and Parish Council electoral law (of the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1994, nr. 3, 5; 1996, 23., 24. no; 2000, no. 10, no. 1; 2001; 2002, no. 12) the following amendments: 1. Replace article 1, the word "Sunday" with the word "Saturday".
2. To make the first part of article 2 in the following wording: "(1) the Council (the Council) elected in the number of members determined in accordance with the population of the municipal administrative territory of the election on the date of notification is registered in the population register: up to 2000 population: 7 MEPs;
from 2001 to 5000 inhabitants — 9 members;
from 5001 to 20 000 inhabitants — 11 members;
from 20 001 to 50 000 inhabitants-13 members;
more than 50 000 inhabitants-15 members. "
3. Put article 5 and 6 by the following: "article 5. (1) in the Republic of Latvia the right to vote (the Council) is the thought: 1) Latvian citizen;
2 the citizen of the European Union), who is not a citizen of Latvia but are registered in the population register.
(2) the right to vote is the person who on election day reached 18 years of age, registered voters and at least 90 days before election day have registered residence in the municipal administrative territory, or the person to whom the municipal administrative territory belongs to a validly registered real estate and which is not the subject of any of the laws referred to in article 6 of the restrictions (hereinafter elector).
6. article. In the Republic of Latvia to vote thinking (the Council) is not legal persons: 1) which the law recognized as incapacitated;
2) which in penitentiaries;
3) which do not have the right to vote of the Member State of the European Union, which it is. "
4. Turn off the article 7.
5. Express article 8 by the following: ' article 8. (1) in the Republic of Latvia the right to stand as a candidate City Council (Council) elections are: 1) the citizen of Latvia;
2 the citizen of the European Union), who is not a citizen of Latvia but are registered in the population register.
(2) the right to stand as a candidate is a person who on election day reached 18 years of age, registered voters in the register which is not covered by any of the laws referred to in article 9 of the restrictions and a list of candidates submitted meets at least one of the following conditions: 1) it is a registered place of residence without the municipal administrative territory for at least the past 10 months;
2) it is the municipal administrative territory worked (as a worker or self-employed according to the law "on State social insurance") for at least four months;
3) it the municipal administrative territory belongs to a validly registered real estate.
(3) the applicant, subject to the terms of this law, the Republic of Latvia may stand for only one Council (Council). "
6. Add to article 9 of the second paragraph by the following: "(2) the Council (the Council) elections in Latvia can not sign up candidates and Council (the Council) may not elect a European Union citizen to whom the right to stand as a candidate and be elected was denied with the judgment of the Court of Justice of the European Union in the Member State of which he is a national."
7. Express article 10 by the following: ' article 10. (1) the President, members of the Parliament, members of the Government, judges, prosecutors, State controller, the State Control Board, the State control Department of the College of Auditors the members and soldiers can sign up for City Council (Council) candidates, but the election in case they lose their parliamentary mandate and position, but the soldiers are retired from military service.
(2) Council (Council) members may not be the nickname on compulsory military or alternative service.
(3) If the Council (the Council) a parliamentary candidate is logged on a member of the European Parliament, a month after his parliamentary candidate list registration to replace the Member of the European Parliament's mandate and should be submitted to the respective Election Commission supporting documents this fact. If such documents are not submitted, the Election Commission candidates applied for shall be deleted from the Council (the Council) a list of candidates.
(4) in the first paragraph, these restrictions also apply to European Union citizens who are not citizens of Latvia. "
8. in article 15: to make the first paragraph by the following: "(1) cities, and natural areas where the population of the promulgation of the election day is greater than 5000, City Council, District Council and Parish Council members may submit lists of candidates: 1) registered political organizations (parties);
2) registered political organizations (parties) to the registered association;
3) two or more registered political organizations (parties), which are not joined together in the registered political organizations (parties) associations. ";
replace the second paragraph, the words "All assistance, as well as cities and counties" with the words "cities and counties" peine;
replace the sixth paragraph, the words "notes" with the words "registered residence";
to make the seventh part of the first sentence by the following: "the number of candidates applied for the list in may for the three candidates to exceed the respective Council (the Council) elected members."
9. in article 16: replace the second paragraph, the words "which are" with the words "sign in which election date of notification are registered in the place of";
in the fourth paragraph, replace the words "address records" with the words "domicile".
10. in article 17: make the first part of paragraph 1 and 2 as follows: "1) list of nominees for the candidate's signed statement that he agrees to stand in the respective Council (Council) elections and agrees to the processing of personal data which are to be carried out in accordance with the requirements of this law;
2) list of nominees for the candidate's signed declaration that he complies with this law, the requirements of article 8 and is not subject to this law, article 9 the above limitation; "
make the first part of paragraph 3 of section "d" as follows: "(d)) domicile in Latvia (Republic city or State, and city, County, or parish),";
make the first part of paragraph 3 of the section "f" by the following: "(f)) what educational institution graduated (in which year in which the specialty or program),";
turn off the first part of paragraph 3, the "i" section;
make the first part of paragraph 3 "j" section by the following: "(j)) if the candidate is another European Union Member State, — the candidate's statement that European Union Member State of which he is, he is not a judicial verdict denied the right to stand as a candidate and be elected;"
to make the second and the third part as follows: "(2) If the applicant has applied for a person not without interruption for at least 10 months before the date of submission of the list of candidates registered residence of the municipal administrative territory, but this area is a validly registered real estate, the candidate also has to be added to the list of the notarized copy of the land register Act or land registry Department certificate of real estate ownership.
(3) If the applicant has applied for a person not without interruption for at least 10 months before the date of submission of the list of candidates registered residence of the municipal administrative territory, but has worked in this area (as a worker or self-employed according to the law "on State social insurance") for at least four months before the date of submission of the list of candidates, lists of candidates shall also be accompanied by the relevant employer or the State revenue service certificate. ";
replace the words "the eighth bank receipt" with the words "bank".
11. Article 18: make the first part as follows: "(1) the Election Commission accepts only those candidates whose applicants on the list of special Council (Council) Election Commission deposit account has lodged a security. Security for the list of candidates to the City Council (Council) elections is as follows: 50 lats-if municipal administrative territory is up to 1000 inhabitants;
70 lats-if municipal administrative territory of 1001 to 2000 population;
90 lats-if municipal administrative territory from 2001 to 5000 inhabitants;
110 lats-if municipal administrative territory is from 5001 to 20 000 inhabitants;
130 lats-if municipal administrative territory of 20 001 to 50 000 inhabitants;
150 lats-if municipal administrative territory is more than 50 000 inhabitants. ";
replace the third paragraph, first sentence, the word "receipt" with the word "document".
12. Supplement article 20 the third paragraph after the word "first" with the words "and the second".
13. in article 22: Add to point 1 of the second paragraph of point "a" after the word "first" with the words "and the second";
Add to point 1 of the second paragraph of point "c" after the word "lists" with the words "or a list of candidates for other local Government Council (the Council) elections";

Add to paragraph 1 the second subparagraph with "f" section of the following: "(f)) is a candidate Member of the European Parliament and the Electoral Commission has not submitted documents confirming the fact of his resignation from the mandate of the members of the European Parliament (mandate of abdication);";
to make the third part of the first sentence of the introductory paragraph as follows: "the candidate deleted on the basis of the appropriate authorities to issue a certificate or court verdict."
make the third paragraph (1) of the following: "1) do not meet this law article 8, first paragraph, the requirements-evidenced by citizenship and Migration Board Certified;";
Supplement third with 1.1 and 1.2 of paragraph 1 by the following: ' 11) on election day have not reached 18 years of age,-evidenced by citizenship and Migration Board Certified;
12) is not registered in the electoral register-evidenced by citizenship and Migration Board Certified; ";
to make the third part of point 2 as follows: "2) is not a registered place of residence without the municipal administrative territory for at least 10 months before the date of submission of the list of candidates-evidenced by citizenship and Migration Board Certified;";
Supplement third with 2.1 and 2.2 the following wording: "21) is included in the list of candidates for the other Council (Council) elections-evidenced by citizenship and Migration Board Certified;
22) in accordance with the procedure laid down in the law recognized as incapable of action-evidenced by citizenship and Migration Board Certified; ";
replace the third subparagraph of paragraph 9, the words "the vital statistics office in a statement" with the words "the citizenship and Migration Board Certified;
to make the fourth subparagraph by the following: "(4) in the third subparagraph of that authority the information at their disposal free of charge, provide in writing to the Electoral Commission within five days after receipt of the request.";
to supplement the article with a fifth by the following: "(5) if the Election Commission informed that a candidate applied for do not have the right to stand for Council (Council) elections, receiving more than 20 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 negative votes are not counted. "
14. in article 23: replace the third paragraph, the words "notes" with the words "registered residence";
to make the fourth subparagraph by the following: "(4) voters visible place of post election programs. Each polling station must be available in the law relating to any of the candidates, except his personal code or a voter code. "
15. Article 24: make the first paragraph by the following: "(1) If this Act article 15 the deadline laid down in the corresponding local Government Council (the Council) elections is not registered, the list of candidates is established only one list of candidates or registered number of candidates is less than the relevant municipality elected Council (Council) members, the Central Electoral Commission within three days of the decision to extend the deadline for the submission of lists of candidates for 10 days. Central Election Commission decision to be published in the newspaper "Gazette" and post the voters displayed at the Municipal Council (the Council) building. If after the extension of the number of candidates is less than the elected Council (Council) members, the Central Election Commission within two weeks promulgate the Council (Council) elections in accordance with the procedure laid down in this Act. ";
to turn off the second part;
adding to the fourth paragraph of paragraph 3, after the word "applicant" with the words "serial number";
to supplement the article with the seventh subparagraph by the following: "(7) beginning with the first day of the previous voting, polling station received ballots, envelopes and voter lists kept by the police or the National Guard."
16. Article 25: make the third paragraph as follows: "(3) the District Commission shall ensure that the entrance of the polling room: 1) be examined whether the citizens of this come election precinct voter;
2) would be available this election precinct voter list, an index which contains voter name, surname, date of birth and serial number in the list of voters. "
turn off the fourth.
17. Article 26 of the expression as follows: "article 26. (1) If a voter on election day will not be able to vote, he can vote in advance within three days before the general election day-polling station where voters are registered in the list. Precinct hours previous voting days is: from 17.00 to 20.00-Wednesday; Thursday: from 9.00 to 12.00 o'clock; Friday: from 10.00 to 16.00 o'clock. During this time, the electoral precinct Commission work in no less than four people. Notice of the precinct (precinct) location and working hours of the post at the municipal buildings, as well as all of the municipal administrative territory created in the polling stations.
(2) voters who vote before the general polling day, the election envelope drops in a single sealed ballot box. Election precinct voter list, the Commission shall check that the voter voted before. "
18. off the second sentence of article 27.
19. in article 28: adding to the first part of the second sentence as follows: "a voter in the Republic of Latvia, by presenting a valid identity document, vote at the polling station, the voter list in which he is registered.";
make the second paragraph as follows: "(2) the premises of the election precinct Election Commission member, previously verified that the identification of the person is included in the voter list and it is not already checked for that person's participation in the elections, made the list of voters on the electoral participation of the check mark in the election. Voter sign voters list. "
20. Turn off the article 29 in the third paragraph, the word "personally".
21. Article 32: replace the words "in the first paragraph quoted two members of the Commission to organize the" with the word "organized";
to make the fourth subparagraph by the following: "(4) the voting electorate location occurs only if the voter is in the election precinct area voter list includes news about her."
Supplement to the eighth article as follows: "(8) suspects held, the accused or defendants who as a security feature applied to detention, the vote is organized in that person's location in the first and fourth paragraph."
22. Express 34. and article 35 the following: ' article 34. During the election the election procedures monitor the Election Commission premises. He looks to the premises and the election closer than 50 meters from the entrance of the building, which is located in the electoral district, not the restriction of the freedom of elections and order disruption, as well as canvassing.
35. article. (1) starting with the opening of polling stations, the Election Commission Secretary, or precinct, in his absence, another electoral precinct Commission Chairman authorized member of the Commission writes election Protocol over the Central Election Commission.
(2) interfering with the election precinct Commission work, the progress of the vote may observe no more than two observers from each authorized voter associations, political organizations (parties) or political organizations (parties) associations, to the Council (Council) elections have submitted the list of candidates, as well as the Central Election Commission and the district (the city of the Republic) Election Commission members and the Commission authorised persons for that city, County, or parish Electoral Commission members , media representatives. For authorised observers may not be the Council (the Council) a parliamentary candidate.
(3) a complaint about the elections voters may submit to the Chairman of the Electoral Commission, and it is recorded in the course of the election Protocol. Any complaint about the elections to immediately consider and give an answer to the complainant, but the contents of the complaint records in the course of the elections. "
23. the express 37, 38, 39 and 40 of the following article: "article 37. (1) the counting of votes began immediately after polling stations close. Census District Commission shall open session.
(2) interfering with the work of the Commission, the hearing may be at present no more than two observers from each authorized voter associations, political organizations (parties) or political organizations (parties) associations, to the Council (Council) elections have submitted the list of candidates, as well as the Central Election Commission and the District Electoral Commission members and the Commission authorised persons for that city, County, or parish Electoral Commission members, representatives of the media. After the completion of the counting of votes such persons have the right to acquaint themselves with the votes counting Protocol.

38. article. (1) immediately after the close of polling stations the Central Election Commission in the order of the election precinct Commission sealed ballot boxes, the electoral lists and prepares to count the votes of the premises. In the vote, uncommitted election materials packed or placed so that they do not interfere with the counting of votes.
(2) For counting votes in the election precinct Commission vote counting Protocol written in triplicate. Vote counting Protocol consists of two parts: 1) previous votes counting (counting of votes for the first part of the Protocol);
2) vote counting final results (hereinafter referred to as the Protocol of counting votes, second paragraph).
(3) Before the ballot boxes are opened, the electoral precinct Commission vote counting in the first part of the Protocol, the entry particulars of received, over the remains of the basis and the ballot envelopes, voter turnout and the number of the station locations. Unused sealed vote election envelopes deletes.
(4) after this article referred to in the second paragraph of the message recording votes counting in the first part of the Protocol and not counting of votes and election materials used for packaging envelopes open the ballot boxes. The ballot boxes are opened one by one and count the ballot envelope.
(5) in each election boxes taken election envelopes without opening them, sorts the valid and invalid elections of envelopes.
(6) on the deemed unfit broken election envelopes and ballot envelopes, which are stamped with the relevant election precinct Commission seal.
(7) the invalid election counts and not the envelope open wrapped, indicating that the bundle at an invalid ballot envelopes, as well as their number. Invalid ballot envelopes total recordable counting of votes in the first part of the Protocol.
(8) from each ballot box removed the number of valid election envelopes must be equal to the number of voters, or less than that.
(9) If a ballot box are ballots that are not on the ballot envelopes and wrapping its removable Central Election Commission.
39. article. (1) After the valid election envelopes the addition opens them and at the same time finds their content: 1) envelope is one of the County's ballots;
2) envelope contains more than one ballot;
3) envelope is another area the ballots;
4) envelope is broken the ballots;
5) not the ballot envelope.
(2) envelope, which was one of the election mark by Mark removal should not be maintained. Ballots of these envelopes placed together for counting.
(3) the blank ballot envelope, and the envelope in which the election was more than one ballot or ballots, broken or another area in the ballots, along with their contents to be placed separately.
40. article. (1) after all the valid election opened the envelope, the District Election Commission shall decide on the validity of the marks, which was the election envelopes with multiple election signs, election signs and ripped another area of election signs.
(2) If the ballot envelope contains exactly the same number of ballots, to be recognized as valid and counting at the valid election signs to one of them, but the other ranks of the invalid.
(3) the election envelopes without a valid election marks considered envelope in which the ballot is broken, as well as the blank ballot envelope.
(4) If the ballot envelope contains more than one ballot, and ballots are not equal by content (even after marks made), it ranks as the envelope without a valid ballots.
(5) disputes concerning the validity of the election marks election precinct Commission settled with the majority. Votes by a equal, the Chairman of the Commission shall have a casting vote.
(6) the Valid ballots in the Central Election Commission in the order groups by the name of the candidate list. Then adds to the list of candidates for each of the votes cast.
(7) the list of candidates for each of the votes cast in a recordable voice counting Protocol. Information on the number of votes cast for each candidate list, the Central Election Commission. "
24. To supplement the law with 24.9, 40.2 and 40.3 article as follows: "article 24.9. (1) after the previous vote counting completed election precinct Commission signed the Protocol of counting votes for the first part. After the election precinct Commission can announce a break. If you opened a break before it broke in one bundle packaged: 1) all the valid ballots;
2) all ballot envelopes with all the invalid election;
3) one copy of the Protocol of counting votes;
4) voter lists.
(2) the package sealed with the seal of the Commission, the electoral precinct. Present authorized observers also have the right to seal the package with your stamps or subscribe to it, which made reference in the course of the election Protocol.
(3) the election materials Packed break in regard to the police or the National Guard.
(4) resumes work after a break, the electoral precinct Commission open meeting of Central Election Commission of the duly repeated counts each list ballots.
40.2 article. (1) the number of votes received for each candidate shall be determined as follows: 1) each list ballots divided into two groups — not the amended and the amended election signs. As amended by the count ballots in which voters in a candidate's name in the space provided then committed a "+" or removing a candidate's name or surname. The rest of the ballot should be considered unchanged;
2) for each candidate are counted ballots, as amended, which: (a) his name) opposite it in the space provided the mark "+", "(b) the name or last name) deleted, c) is not done.
(2) the final vote counting results in the election precinct Commission vote counting in the second part of the Protocol.
(3) the controversy over voter marks the ballot made in election precinct Commission settled with the majority. The number of votes by a casting is in the election precinct Commission Chairman's voice.
Article 40.3. After the addition of votes counting the votes and the completion of the Protocol all of the valid ballots, as well as the invalid ballots with election envelopes, sealed and unused, invalid ballot envelopes and one precinct Commission vote counting, wrapping and a copy of the Protocol aizzīmogojam. Present authorized observers also have the right to seal the package with your stamps or subscribe to it, which made reference in the course of the election Protocol. Individually packed in unused sealed ballot envelope. After the Central Election Commission in the order of the election precinct Commission will send election materials in the city, district or parish Electoral Commission. "
25. Supplement article 41 with the new second subparagraph by the following: "(2) the distribution of seats in Riga City Council does not participate in these one-name list of candidates, which the Riga City Council elections received less than five percent of the total votes cast. Of the total number of votes cast (the total number of voters who participated in the elections) will be considered valid the election envelope number. ";
consider the second, third, fourth, fifth and sixth respectively on the third, fourth, fifth, sixth and seventh.
26. Replace article 46, first paragraph, first sentence, the words "after the Electoral Commission location" with the words "administrative law".
27. Replace article 48, the words "in accordance with article 151.3 of the Criminal Code of Latvia" with the words "in accordance with article 272 of the criminal law".
28. Make the article 51 as follows: "article 51. (1) an Association of Voters the election campaign financing is prohibited from the State budget and local budgets, as well as from State and local government business.
(2) an Association of Voters the election campaign financing is prohibited from anonymous donations.
(3) political organizations (parties) associations and voter associations prohibited to organize, create, and to establish a contractual relationship that Member or after the election may provide financial or other economic obligations to the contractor concerned or third parties. "
29. the transitional provisions be supplemented with paragraph 10 by the following: "10 cabinet up to 31 December 2004 shall be submitted to the Parliament a draft law on the amendments needed to the laws, to ensure that the provisions of article 51 of the law."
30. To supplement the law with the informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions deriving from Council of 19 December 1994 directive 1994/80/EC on the right of citizens of the European Union to participate in the activities of the municipality who reside in one of the Member States of the European Union, but who are not nationals of the Member State concerned."
The law shall enter into force on the day following its promulgation.

The law adopted by the Parliament at the 2004 11 November.
State v. President Vaira Vīķe-Freiberga in Riga 2004 November 25 Editorial Note: the law shall enter into force on 26 November 2004.