Print Riigikogu Election Act
Adopted 7 June 1994
With Amendments of 14 December 1994
Chapter I. General Provisions
Article 1. Basis of the Electoral System
Members of the Republic of Estonia Riigikogu shall be elected in free elections on the basis of general, uniform and direct franchise by secret ballot.
Article 2. General Franchise
(1) Every Republic of Estonia citizen who has attained the age of 18 years on the election day shall be entitled to vote.
(2) Any Republic of Estonia citizen entitled to vote who has attained the age of 21 years on the election day may be a candidate for member of the Riigikogu.
(3) Any citizen who has been declared mentally incompetent by a court of law shall not be entitled to vote.
(4) Any citizen who has been convicted by a court of law and is serving a sentence in a detention facility shall not participate in the elections.
Article 3. Uniform Franchise
Each elector shall have one vote in electing the Riigikogu.
Article 4. Direct Franchise
Election results shall be determined on the basis of the expression of the will of those persons who directly participate in the elections.
Article 5. Secret Ballot
Voting in the Riigikogu elections shall be by secret ballot.
Article 6. Holding of Elections
(1) Regular Riigikogu elections shall be held on the first Sunday in March of every fourth year following the previous Riigikogu elections.
(2) Pre-term Riigikogu elections shall be held in the cases established in the Constitution.
Article 7. Declaration of Elections
(1) Regular and pre-term Riigikogu elections shall be declared by the President of the Republic by a Presidential Decision, in accordance with point 3, Article 78 of the Constitution.
(2) Regular elections to the Riigikogu shall be declared by the President of the Republic not less than three months prior to the Riigikogu election day.
(3) Pre-term Riigikogu elections shall be declared by the President of the Republic within three days calculated from the date such obligation arises in the cases established in Article 89, 105, and 119 of the constitution. Within this same period, the President of the Republic may on proposal by the Government of the Republic declare special elections if a motion of non-confidence is brought against the Government of the Republic or the Prime Minister, in accordance with Article 97 of the Constitution.
Article 8. Election Related Expenses
(1) Expenses for the organisation and holding of elections shall be deferred from the state budget.
(2) The election campaigns of political parties, electoral coalitions or individual candidates shall not be financed from state or local budgets.
(3) Political parties, electoral coalitions and individual candidates shall within one month after the announcement of the election results present a report to the National Electoral Committee on campaign expenditures and the origin of funds used. The reports shall be reviewed in accordance with the law.
Chapter II. Electoral Regions and Polling Station Districts
Article 9. Formation of Electoral Regions
(1) Eleven multi-mandate electoral regions shall be formed for the Riigikogu elections:
Electoral Region No. 1 - Tallinn city districts of haabersti, Northern-Tallinn and Kristiine;
Electoral Region No. 2 - Tallinn city districts of City centre, Lasnamäe and Pirita;
Electoral Region No. 3 - Tallinn city districts of mustamäe and Nõmme;
Electoral Region No. 4 - Harjumaa (except Tallinn) and Raplamaa;
Electoral Region No. 5 - Hiiumaa, Läänemaa and saaremaa;
Electoral Region No. 6 - Lääne-Virumaa and ida-Virumaa;
Electoral Region No. 7 - Järvamaa and Viljandimaa;
Electoral Region No. 8 - Jõgevamaa and Tartumaa (except the city of Tartu)
Electoral Region No. 9 - City of Tartu
Electoral Region No. 10 - Võrumaa, Valgamaa and põlvamaa;
Electoral Region No. 11 - Pärnumaa
(2) Estonian citizens entitled to vote who reside permanently on the territory of the Republic of Estonia which is not under the jurisdiction of the Republic of Estonia shall vote in either Electoral region 6 or 10, respectively.
(3) Estonian citizens who permanently reside abroad shall vote in the electoral region corresponding to their or their parents' (grandparents') last permanent place of residence in Estonia.
(4) The Government of the Republic shall inform the national Electoral Committee of the number of Estonian citizens entitled to vote who reside permanently abroad and who reside on Republic of Estonia territory which is not under Estonian jurisdiction, by electoral region, by no later than 80 days prior to the regular Riigikogu election day.
(5) One hundred and one (101) members shall be elected to the Riigikogu. Mandates shall be distributed between the electoral regions on the principle of proportionality in accordance with the number of citizens entitled to vote.
(6) The National Electoral Committee shall distribute the mandates by no later than 70 days prior to the regular Riigikogu election day.
Article 10. Bases for Forming Polling Station districts
(1) In order to organise voting, each electoral region shall be divided into polling station districts, which shall be formed within the boundaries of each rural municipality and town, or each city district in Tallinn.
(2) Polling station districts may also be formed in Republic of Estonia foreign missions with the permission of the receiving state.
Article 11. Procedure for Forming Polling Station Districts
(1) Polling station districts shall be formed by the respective rural municipality or town council. The respective territorial committee shall systematically number the polling station districts.
(2) The polling station districts shall be formed and polling stations shall be designated taking into account, where possible, the elector's place of residence, such that the elector shall vote in the polling station closest to his or her place of residence.
(3) The Government of the Republic shall form polling station districts within Republic of Estonian foreign missions and shall advise the National Electoral Committee of their location.
(4) Polling station districts shall be formed no less than 50 days prior to the election day.
Chapter III. Electoral Committees
Article 12. The System of Electoral Committees
(1) Elections to the Riigikogu shall be organised and held by the following electoral committees:
1) National Electoral Committee;
2) County and City of Tallinn and City of Tartu territorial committees;
3) polling Station Committees.
(2) The term of office of the electoral committees shall be four years.
(3) Only Estonian citizens entitled to vote may be members of an electoral committee.
Article 13. Formation of the National Electoral Committee
(1) The National Electoral Committee shall be formed by the Riigikogu with eighteen members. The riigikogu shall appoint the Chairman of the National Electoral Committee and four alternate members who shall replace any members who may withdraw during the term of office of the electoral committee
(2) Candidates for the National Electoral Committee shall be nominated by the county governors and the mayors of Tallinn and Tartu.
(3) The composition of the National Electoral committee shall not be augmented in the period between the time the elections are declared and the time the election results are announced.
(4) Organisational and technical services for the national Electoral Committee shall be provided by the Riigikogu Chancellery.
Article 14. The Authority of the National Electoral Committee
The National Electoral Committee:
1) shall monitor the observance of the Electoral Law and shall guarantee its uniform application by issuing guidelines, clarifications and regulations;
2) shall draft the schedule for the organisation and holding of pre-term Riigikogu elections;
3) shall draft and confirm the standards for all election related documents, the regulations for their completion, storage and disposal and the standards for ballot boxes and seals;
4) shall organise the printing of election-related documents and their delivery to the territorial committees;
5) shall distribute the mandates between the electoral regions;
6) shall determine, in accordance with the law, the amount of the deposit to be paid upon nomination of a candidate;
7) shall register electoral coalitions;
8) shall register all nominated candidates and candidate lists in each electoral region and shall confirm the general list of candidates in each electoral region.
9) shall delete registered candidates from a list of candidates in the cases established in paragraph 5, article 25 of this Law;
10) shall publish notices on the results of the counting of votes and shall determine the results of the riigikogu elections;
11) shall register and publish the list of elected riigikogu members;
12) shall register the alternate Riigikogu members;
13) shall register delegated representatives of foreign states, international organisations and recognised nongovernmental organisations and shall issue corresponding letters of authority;
14) shall confirm the budget for the elections and the allocation of funds for election expenses;
15) shall receive and make public reports from political parties, electoral coalitions and individual candidates on campaign expenses;
16) shall adopt decisions on organisational and technical matters related to the elections;
17) shall review and adopt decisions regarding petitions and complaints regarding the decisions and activities of territorial committees;
18) shall organise the election of the Speaker and deputy Speakers of the Riigikogu and shall resolve any submitted protests.
Article 15. Formation of Territorial Committees
(1) The territorial committee in each county shall be formed and altered by the county governor. In Tallinn and Tartu the territorial committee shall be formed and altered by the mayor.
(2) Territorial committees shall be composed of up to13 members.
(3) The county governor shall appoint the members of the territorial committee from among candidates nominated by the rural municipality and town councils, and the Chairman of the committee from among such members, and up to three alternate members from among candidates who are not appointed, who may replace members who may withdraw during the term of office of the committee.
(4) In Tallinn and Tartu the Chairman, members and substitute members of the territorial committee shall be appointed by the mayor.
(5) The composition of the territorial committee shall not be augmented in the period between the time the elections are declared and the time the election results are announced.
(6) The territorial committee shall be serviced by the county Government Chancellery; in Tallinn and Tartu by the City Government Chancellery.
(7) The territorial committee shall be formed no less than 75 days prior to the election day.
Article 16. Authority of the Territorial Committee
The territorial committee:
1) shall monitor the observance of the Electoral Law and the correctness of the organisation and holding of the elections;
2) shall confirm the systematic numeration of the polling station districts;
3) shall deliver the general lists of candidates and national list of candidates, ballot papers and other standards for election related documents to the polling station committees and shall clarify the regulations for their completion, storage and disposal;
4) shall determine the election results in the counties and in Tallinn and Tartu;
5) shall fulfil guidelines and directives issued by the national Electoral Committee;
6) shall adopt decisions regarding organisational and technical matters within the limits of funds allocated by the National Electoral Committee;
7) shall review and adopt decisions regarding petitions and complaints submitted regarding the decisions and activities of polling station committees.
Article 17. Formation of Polling Station Committees
(1) The polling station committee shall be formed by the rural municipality or town council with up to nine members, whereby a Chairman shall be appointed from among the members and up to three alternate members shall be appointed, who may replace members who may withdraw during the term of office of the committee.
(2) Polling station committees shall be formed no less than twenty days prior to the election day.
(3) The polling station committees within Estonia's foreign missions shall be formed by the Government of the Republic no less than twenty days prior to the election day.
Article 18. Authority of Polling Station Committees
The polling station committee:
1) shall notify electors of the location and working hours of the polling station committee and of the time and location of voting;
2) shall provide the opportunity to examine the electoral roll and shall review petitions to amend the roll;
3) shall provide electors with the opportunity to examine the general list of candidates for the electoral region and, at the request of any elector, the national list of candidates;
4) shall guarantee that polling stations and ballot boxes are prepared;
5) shall organise voting, early voting and voting at home;
6) shall determine the voting results in the given polling station district;
7) shall review and adopt decisions regarding petitions and complaints regarding the organisation and holding of elections.
Article 19. Organisation of the Work of the Electoral Committee
(1) The Vice-Chairman and Secretary of the electoral committee shall be elected by the committee from among its members.
(2) The work of the committee shall be carried out at its meetings, which shall beconvened by the chairman of the Committee, or, in his or her absence, by the Vice-Chairman. The committee shall have a quorum if at least one half of the committee's members are present, including the Chairman or vice-Chairman. Committee decisions shall be adopted by a simple majority of votes. Any committee member who disagrees with a decision adopted by the committee may have his or her dissenting opinion added to the decision adopted by the committee.
(3) Decisions of the National Electoral Committee shall be binding on territorial and polling station committees.
(4) Complaints regarding the decisions and activities of polling station committees may be submitted to the territorial committees; complaints regarding the decisions and activities of territorial election committees may be submitted to the National Electoral Committee. Decisions of the National Electoral Committee regarding the registration of candidates and candidate lists and election results may be disputed in the courts.
(5) Members of electoral committees shall be remunerated from funds allocated for the organisation of elections in accordance with procedures established by the National Electoral Committee.
(6) Members of electoral committees may not campaign for or against any candidate, political party or electoral coalition. Members of electoral committees may not initiate the nomination of any candidate or candidate list, may not be an authorised representative of any political party or electoral coalition for the nomination of a candidate, nor be a candidate for the Riigikogu.
(7) A member of an electoral committee may be released from his or her duties by the body which formed the committee. Such decision may be based on a personal application by the member or a justified decision of the electoral committee or a court decision.
(8) Electoral committees shall inform the public of their meetings, of decisions adopted and of planned events. Committee meetings shall be public.
Article 20. Assistance to Electoral Committees
(1) National and local government agencies shall be obligated to assist the electoral committees in fulfilling their duties and to provide them data and materials necessary for their work..
(2) Electoral committees shall have the right to petition national and local government agencies with matters related to the organisation of elections, which shall be obligated to respond to the electoral committee within three working days from the date such petition is received.
Chapter IV. Enumeration of Electors
Article 21. National Register of Estonian citizens Entitled to Vote
(1) Estonian citizens entitled to vote who have been entered in the national register of Estonian citizens entitled to vote may vote in the Riigikogu elections.
(2) Each Estonian citizen entitled to vote shall be entered in the national register of Estonian citizens entitled to vote in the rural municipality or town in which he or she permanently resides as of December 1 of the year preceding the elections.
(3) An Estonian citizen entitled to vote who reside permanently on the territory of the Republic of estonia which is not under the jurisdiction of the republic of Estonia shall be entered in the national register of Estonian citizens entitled to vote, in accordance with procedures established by the government of the Republic.
(4) An Estonian citizen entitled to vote who reside permanently in a foreign state shall be entered in the national register of Estonian citizens entitled to vote in the foreign missions of the Republic of Estonia, in accordance with procedures established by the government of the Republic.
(5) The national register of Estonian citizens entitled to vote shall be maintained separately for each electoral region formed for the previous regular elections.
(6) Procedures for making entries and maintaining the national register of Estonian citizens entitled to vote shall be established by the Government of the republic.
Article 22. Elector's Card
(1) The rural municipality or town government shall send an elector's card to all persons entered in the national register of Estonian citizens entitled to vote no later than twenty five days prior to the election day.
(2) The elector's card shall indicated the elector's given name and surname, elector number as per the electoral roll, the elector's year and place of birth, the polling station district in which the elector is entered in the electoral roll, the time and location of early voting, the election day and location of the polling station on the election day.
(3) Any elector, who by the due date for public display of the electoral roll has not received an elector's card or whose elector's card has been marked with inaccurate data shall have the right to petition the polling station committee corresponding to his or her place of residence for clarification or the correction of any inaccuracy.
Article 23. Compiling the Electoral Roll
(1) A standard electoral roll shall be compiled for each polling station district. All citizens entered in the national register of Estonian citizens entitled to vote shall be entered in an electoral roll. Each elector shall be entered in only one electoral roll.
(2) The electoral roll shall be compiled by the rural municipality or town government, in Tallinn by the city district government, and shall be signed by the rural municipality or town secretary, in Tallinn by the city district administrative secretary.
(3) The electoral roll shall be delivered to the polling station committee by no later than seventeen days prior to the election day.
(4) The electoral roll in polling station districts formed within Republic of Estonia foreign missions shall be compiled in accordance with procedures established by the Government of the Republic.
Article 24. Review of the Electoral Roll in the polling Station District
(1) Upon receipt of the electoral roll, the polling station committee shall check that all electors entered in the roll belong in the given polling station district, based on their place of residence. The rural municipality or town government, in Tallinn the city district government, shall be immediately informed of any elector who is incorrectly entered in the roll, after which the elector shall be deleted from the roll. The rural municipality or town government, in Tallinn the city district government, shall make corrections to the national register of Estonian citizens entitled to vote and shall forward the data regarding any elector entered into an incorrect roll to the polling station committee corresponding to the electoral roll in which the elector belongs, and shall send a new elector's card to the elector.
(2) Once the electoral roll has been reviewed and all necessary corrections have been made, the Chairman of the polling station committee shall sign the roll, and fifteen days prior to the election day, the electoral roll shall be displayed in the polling stationcommittee's office or in the polling station for examination by the public.
Article 25. Examination of and Amendments and corrections to the Electoral Roll
(1) Every elector may examine the correctness of data regarding himself or herself or other electors after the electoral roll has been displayed for public examination.
(2) If an elector finds that he or she or some other elector has been omitted from the electoral roll or that a person has been entered in the electoral roll incorrectly, the elector shall have the right to demand that the polling station committee make the corresponding amendments or corrections.
(3) The polling station committee shall immediately check the accuracy of data and documents it has presented.
(4) If an elector has not been entered in the electoral roll but has been entered in the register, the polling station committee shall enter the elector in the electoral roll.
(5) If a person who is an alleged elector has not been entered in the national register of Estonian citizens entitled to vote, or if a person who is entered in the electoral roll is allegedly not an elector, the polling station committee shall immediately so advise the rural municipality or town government, in Tallinn the city district government, whereby it shall forward data received from the person who demands that an elector be added or deleted from the electoral roll.
(6) The rural municipality or town government, in tallinn the city district government, shall review the submitted petition and, within three working days from receipt of such petition, shall adopt a decision on the matter, which shall be made known to the petitioners and to the polling station committee. The petitioner for amendments to be made to the electoral roll may be present when the decision is adopted.
(7) If the petition to add or delete a person from a list has not been resolved in the petitioner's favour, the petitioner may, within three working days from the time he or she is advised of the decision of the rural municipality or town government, in Tallinn of the decision of the city district government, bring a petition before the corresponding court, which shall review the petition within three working days of its receipt.
(8) Any inaccuracies in an entry regarding an elector's given name and surname, year of birth and place of residence shall be corrected immediately upon presentation of a document attesting to the inaccuracy.
(9) All amendments and corrections to the electoral roll shall be immediately entered in the national register of Estonian citizens entitled to vote.
(10) On the election day, the electoral roll shall be amended in the case of the death of an elector on the basis of a death certificate.
(11) On the election day, the electoral roll shall be amended with the addition of persons entered in the national register of Estonian citizens entitled to vote on the basis of data received from the registrar.
Chapter V. Nomination and Registration of Candidates
Article 26. Nomination of Candidates
(1) Any Estonian citizen entitled to vote who meets the requirements established in Article 2 of this Law may be nominated as a candidate for the Riigikogu elections.
(2) Any Estonian citizen entitled to vote who is to be nominated as a candidate for member of the riigikogu must be entered in the national register of estonian citizens entitled to vote. Nomination shall not be restricted to the electoral region corresponding to a person's permanent residence.
(3) Individual candidates and candidate lists may be nominated by a political party, or by an electoral coalition registered on the bases established in Article 27 of this Law. Individual candidates may be nominated by any Estonian citizen entitled to vote,including by a person who himself or herself wishes to be a candidate in the Riigikogu elections.
(4) Within one week after the date the elections are declared, the government agency appointed by the government of the Republic shall send a list of political parties to the National Electoral Committee.
(5) Political parties shall within two weeks from the date the elections are declared submit to the National Electoral Committee data regarding persons who are authorised to represent them.
(6) The nomination of candidates shall begin on the date following the date mandates are distributed among the electoral regions by the National Electoral committee.
(7) Candidates shall be nominated by electoral region as candidate lists or individual candidates. Any political party or electoral coalition may only nominate one candidate list in any one electoral region.
(8) If a political party or electoral coalition nominates candidates on a candidate list of the same name in more than one electoral region, the national candidate list shall be submitted simultaneously with the electoral region candidate list when the candidates are nominated.
(9) Any one candidate may be nominated in only one electoral region.
(10) The order of candidates on the candidate lists shall be determined by the nominator.
(11) Data regarding candidates and candidate lists shall be submitted to the National Electoral committee no later than forty-five days prior to the election day. The data and lists shall be submitted according to a standard application established by the national Electoral Committee.
(12) The standard application to nominate a candidate or candidate list must be accompanied by the following items regarding each candidate indicated on the application:
1) a standard letter of consent personally written and signed by the candidate indicating consent to be nominated and to be a candidate in the given electoral region on the nominator's list or as an individual candidate, with confirmation that the candidate has a sufficient command of the Estonian language to participate in the work of the Riigikogu;
2) an oath of conscience personally written, dated and signed by the candidate or a notice indicating to whom, in what context and when he or she has previously taken such oath.
(13) Each candidate list shall be given a title, which must include the word "list". The title may not be offensive or misleading.
(14) A political party or registered electoral coalition may use its officially registered name within the title of its list. It shall be prohibited to use the official name of another political party or electoral coalition or a name which is in some way similar in the title of a list.
(15) The nominator of a candidate or candidate list shall transfer a deposit to the National Electoral committee's bank account in an amount equal to twice the minimum monthly wage per candidate. The nominator shall submit a receipt or copy of the payment order to prove that the deposit has been transferred to the National Electoral Committee's bank account when making the nominations.
(16) The deposit shall be refunded if the candidate is elected or receives a number of votes in the electoral region equal to at least one half of the simple quota or if the national list participates in the distribution of compensation mandates. Deposits which are not refunded shall be transferred by the National Electoral Committee into state revenue.
Article 27. Electoral Coalition
(1) Political parties may unite into electoral coalitions any one political party may belong to only one electoral coalition.
(2) Electoral coalitions shall be formed and shall be submitted to the National Electoral Committee for registration no later than fifty-five days prior to the election day.
(3) Electoral coalitions must be formed before candidates are nominated.
(4) In order to register an electoral coalition, the authorised representatives of the electoral coalition shall submit a application to the National Electoral committee which shall be supplemented with:
1) a document attesting to their authority;
2) the founding agreement of the electoral coalition, which indicates the name of the electoral coalition and the seals and signatures of persons authorised by the political parties founding the electoral coalition.
(5) The National Electoral Committee shall not register an electoral coalition, if the petition and other requirements established in paragraph 4 of this Article are not submitted by the due date for registration of electoral coalitions.
Article 28. Registration of Candidates
(1) The National Electoral Committee shall no later than forty days prior to the election day register all individual candidates and candidate lists which have been submitted in accordance with the requirements of this Law. The committee shall check whether individual candidates and candidate lists submitted for registration are in accordance with the requirements of this Law in the order they are submitted
(2) If some of the required data are missing or are incorrect when a candidate or candidate list is submitted for registration, the person who receives the application shall propose to the submitter that the data be completed or the inaccuracies corrected. All submitted documents shall be returned. The submitter of an application or candidate list shall confirm the return of documents with his or her signature. When an application or candidate list is resubmitted, it shall be considered as submitted for the first time and shall be taken into consideration as of the date of this submission.
(3) If an application or candidate list is submitted on the forty-fifth day prior to the election day before 6:00 p.m. and if the application or candidate list is incomplete, the application or candidate list shall be accepted. The National Electoral Committee shall adopt a justified decision in regard to any such application or list. If incomplete formation or inaccuracies are found in data relating to one or more candidate, such candidates shall not be registered.
(4) Each candidate shall be assigned a registration number upon registration. Registration numbers shall begin with 101 and shall be issued in the order candidates are submitted for registration.
(5) After candidates have been registered it shall be prohibited to make amendments to an application for the registration of a candidate or candidate list, with the exception of:
1) if a candidate foregoes his or her candidature on the basis of a personal petition within ten days after registration;
2) if a candidate is deceased;
3) if it is proven that the candidate does not meet the requirements established in Article 2 of this Law;
4) if it is proven that the candidate's knowledge of the official language does not meet the requirements arising from the Language Law.
(6) Any amendments to the body of registered candidates shall be immediately entered in the general list of candidates in the given electoral region, whereby the general list of candidates in the given electoral region shall be reprinted and shall be sent via the territorial committees to all relevant polling station committees. The previous general list of candidates shall be destroyed.
(7) If a candidate on the list of candidates dies or is deleted from the list of candidates in the time period between the commencement of early voting and the election day or on the election day, any votes cast in his or her favour shall remain with the list. Votes cast for an individual candidate who is deceased or is deleted from the list of candidates shall not be taken into account in the determination of election results.
(8) If a candidate submitted for registration is a member of an electoral committee, he or she shall be considered to be released from his or her duties as a committee member as of the date on which the national Electoral Committee receives the petition to register him or her as a candidate.
(9) A registered candidate shall have the right to receive a certificate from the National Electoral committee indicating the candidate's name, registration number and electoral region number.
Article 29. General List of Candidates
(1) After the registration of candidates, the National electoral Committee shall compile a general list of candidates in the Riigikogu elections for each electoral region separately. The candidate lists running for election in the same electoral region shall be entered in the general list of candidates for the given electoral region in accordance with the order in which they were registered. The title of the list and the name of the political party which nominated the candidates shall be indicated before the candidate list. for the candidate list of an electoral coalition, the general list of candidates shall also indicate the full name of all political parties which formed the electoral coalition in addition to the title of the candidate list. Individual candidates shall be entered in the general list of candidates after the candidate lists.
(2) The National Electoral Committee shall organise the printing of a general list of candidates for each electoral region and its distribution via the territorial committees to the polling station committees.
(3) Each polling station committee must no later than ten days before the election day be in possession of the general list of candidates for that electoral region and of the national list of candidates. The general list of candidates shall be displayed in the polling station committee's office, in the polling room and in each booth for secret voting. Members of the polling station committees shall carry the lists with them when holding voting at home.
Article 30. Ballot Paper
(1) The ballot paper shall be printed on paper which can be folded in the middle such that four pages are formed once it has been folded. The fist page shall be blank, the second page shall be printed with the text "Riigikogu elections" and the date of the election. The third page shall be printed with the text "I vote for candidate no. ..." where the elector shall enter the registration number of the candidate for whom he or she is voting. The fourth page shall be blank.
(2) The ballot papers shall be standard in form and shall be prepared on the order of the National Electoral Committee.
(3) Upon receipt of the ballot papers, the polling station committee shall stamp its seal on page two of all received ballot papers.
(4) The ballot papers shall be delivered to the polling station committee no later than sixteen days prior to the election day.
Chapter VI. Voting Procedures
Article 31. Time and Location of Voting
(1) On the election day, voting shall commence at 9:00 a.m. and shall conclude at 8:00 p.m.
(2) Voting shall be organised by the polling station committee in designated polling stations.
(3) Early voting shall commence on the third day prior to the election day and shall take place each day in the polling station and at a time designated by the polling station committee.
(4) All electors who at the conclusion of voting are present in the polling station shall have the right to vote.
(5) The voting may be declared to be finished in a polling station district at anytime if all electors entered on the roll have voted. The counting of votes may not begin before 8:00 p.m.
(6) Voting at home shall be held on the day prior to the election day and on the election day.
Article 32. Organisation of Voting
(1) The polling station must contain booths for secret voting, a place where ballot papers are issued and a ballot box. The general list of candidates for the given electoral region and the national list of candidates must be displayed in the polling station.
(2) The polling station committee shall be obligated to guarantee the secrecy of voting.
(3) The booths for secret voting must contain the general list of candidates for the given electoral region, a table (stand) and a writing instrument. The writing instrument must be such that the text written is clearly legible and cannot be erased. The booth must have sufficient lighting.
(4) The place where ballot papers are issued shall be marked such that the elector is able to see where he or she may receive a ballot paper.
(5) Before voting commences, the Chairman of the polling station committee shall examine and seal the ballot boxes in the presence of members of the committee. A legal statement shall be compiled regarding the sealing of the ballot boxes which shall be signed by all committee members present at the sealing of the box. Before early voting commences the ballot box shall be sealed in accordance with requirements established in paragraph 2, Article 34 of this Law.
(6) The polling station committee shall guarantee order in the polling station, whose instructions, within the limits of its authority, shall be obligatory to all persons present in the polling station.
(7) Armed persons shall not be allowed in the voting room, with the exception security personnel, nor persons under the influence of alcohol.
(8) All forms of campaigning shall be prohibited in the voting room.
(9) Campaigning shall be prohibited on the election day.
Article 33. Voting
(1) The elector may only vote in the polling station district corresponding to his or her permanent residence. Each elector shall vote in person. An elector who is unable to fill out the ballot paper himself or herself shall have the right to call the person of his or her choice into the voting booth to fill out the ballot paper, however such person may not be a candidate in the given electoral region.
(2) Other persons shall be prohibited from making a decision regarding whom to vote for in lieu of a person who is unable to do so.
(3) If the elector discovers a mistake on the ballot paper or spoils the ballot paper, he or she shall have the right to receive a new ballot paper upon return of the first ballot paper to the polling station committee. If the elector has already marked his or her choice on a spoiled ballot, he or she shall cross the mark out such that the decision is not legible before returning the ballot paper.
(4) The polling station committee shall issue a ballot paper to the elector on the basis of the electoral roll and a valid photo identity document. The elector shall sign the elector's list to confirm receipt of the ballot paper.
(5) The elector shall complete the ballot paper in a booth for secret voting by writing the registration number of one candidate from among the candidates in the given electoral region in the space provided. The elector shall then fold the ballot paper and present it to a member of the polling station committee, who shall stamp the outside of the ballot paper for a second time with the polling station committee's seal. Thereafter, the elector shall place the ballot paper in the ballot box.
(6) Each elector shall place the ballot paper in the ballot box personally. At the request of an elector who due to a physical disability is unable to place the ballot paper in the ballot box himself or herself, this may be done by some other person, in the presence of the elector.
(7) If a polling station committee member suspects that an elector has previously already voted, this must be clarified before the ballot paper is placed in the ballot box.
(8) The opening in the ballot box must be covered and shall be opened only to allow for a ballot paper to be placed in the box.
Article 34. Early Voting
(1) Early voting shall be held by the polling station committee in a polling station designated and equipped for this purpose, for which all requirements established in paragraph 1, Article 32 of this Law must be observed.
(2) One ballot box shall be sealed before the commencement of early voting with the seal of the territorial committee such that it is not possible to open the ballot box without spoiling the seal. The ballot box shall be sealed by a member of the territorial committee in the presence of members of the polling station committee. A legal statement shall be compiled regarding the sealing of the ballot box, which shall be signed by all committee members present at the sealing.
(3) The ballot box sealed for early voting shall only be used during early voting. The ballot box must be stored in a place which is inaccessible without the assistance of a member of the polling stationcommittee. The opening of the ballot box must be covered.
(4) Early voting shall be held in the presence of at least two polling station committee members.
(5) Before the commencement of early voting, the territorial committee shall check that each polling station meets the requirements established in paragraphs 1 - 4, Article 32 of this Law.
(6) Early voting shall be held in accordance with the provisions of Article 33 of this Law.
(7) After voting has concluded on each day of early voting, the Chairman of the polling station committee, in his or her absence the Vice-Chairman, shall seal the opening of the ballot box and the doors of the polling station
(8) The ballot box containing the ballot papers of electors who vote during early voting shall be opened on the election day after the conclusion of voting as per requirements established in paragraphs 1 and 3, article 36 of this Law. The ballot papers of electors who vote during early voting shall then be stamped for a second time with the seal of the polling station committee and the ballot papers shall be added to the ballot papers of electors who vote on the election day
Article 35. Voting at Home
(1) Any elector who is unable to vote in the polling station due to the state of his or her health or for some other compelling reason may apply to vote at home.
(2) Voting at home shall be held only on the basis of an application from the elector, which he or she may submit to the polling station committee in writing, by telephone or verbally through a third party. The polling station committee shall register all applications.
(3) The requirements of Article 33 of this Law must be observed in holding voting in an elector's home.
(4) Voting at home shall be held by at least two members of the polling station committee. They shall carry a ballot box which has been sealed as required, a sufficient number of ballot papers, a list of persons who will vote at home, the general list of candidates for the electoral region and writing instruments.
(5) Data regarding electors who apply to vote at home shall be entered on the list of electors who will vote at home on the basis of the master electoral roll, whereby the number of the elector on the general list shall be used as the number on such list, and the title page of the list shall be completed in the same manne as the title page of the general list. When an elector is entered in the list of electors who will vote at home, a remark shall be entered in the appropriate space on the general list "will vote at home". If an elector comes to the voting room to vote at the time persons have departed to hold voting in his or her home, the elector must wait for the return of the committee members.
(6) When voting at home, the elector shall sign the list of electors who will vote at home upon receipt of the ballot paper. Secrecy of voting must be guaranteed during voting at home.
(7) After the members of the polling station committee return from holding voting at home the remark "voted at home" shall be entered on the master elector's list in the space provided for theelector's signature, and the elector shall be included in the number of electors who received a ballot paper for the determination of voting results. The remark "will vote at home" shall be deleted from the remarkscolumn for all persons who for some reason do not vote at home.
(8) The ballot box containing the ballot papers of persons who vote at home shall be opened on the election day after the conclusion of voting in observance of the requirements established inparagraphs 1 and 3, Article 36 of this Law.thereafter the ballot papers of persons who voted athome shall be stamped for a second time with the seal of the polling station committee and the ballot papers shall be added to the ballot papers of persons who vote on the election day.
(9) The polling station committee may hold voting in hospitals, facilities for the disabled and the elderly, sanatoriums and pre-trial detention facilities located in the given polling station district in the same manner and at the same times as voting at home, if the elector can present an elector's card and an identity document. Electors who are not on the electoral roll in the given polling station district shall not be entered in the list and may not vote in that polling stationdistrict.
Chapter VII. Determination of Voting and Election Results
Article 36. Determination of Voting Results in the Polling Station District
(1) The polling station committee shall open the ball t boxes on the election day after the conclusion of voting. Over one half of the polling station committee members must be present at the opening.
(2) Before the ballot boxes are opened, the polling station committee must count and void all ballot papers which were not issued to an elector or were returned. Ballot papers shall be voided by tearing off the corner of the paper.
(3) Upon opening the ballot box, the seal on the ballot box shall be examined for which a legal statement shall be compiled.
(4) The polling station committee shall determine the number of electors and the number of electors who received a ballot paper based on the electoral roll, the number of electors who participated in the voting based on the number of ballot papers in the ballot box, the number of spoiled ballot papers, and the number of votes cast for each candidate and candidate list.
(5) Any ballot paper which does not comply with the standard established by the National Electoral committee, which has not been twice stamped with the seal of the polling station committee, which has not been marked with the registration number of any candidate or is marked with more than one registration number, or is marked with the registration number of a candidate who is not a candidate in the given electoral region, or which is marked with a registration number which has been corrected however is not clearly understandable, or is marked with a candidate's registration number which is not legible, shall be voided. If a ballot paper is not completed as required however has been clearly marked, without corrections, with the choice of the elector, the ballot paper shall be considered as valid. In disputable cases, the validity of the ballot paper shall be decided by the polling station committee by a vote.
(6) A standard report shall be compiled regarding the determination of voting results. The report shall be signed by the Chairman and secretary of the committee. The report shall indicate the time and date it is written.
(7) After the voting results have been determined, the ballot papers which were in the ballot boxes shall be placed in separate packages: by candidate, voided ballots, ballots which were not issued to an elector or were returned. The packages shall be marked with the number of the polling station district, the type of ballot paper and the number of ballot papers in the package. The markings shall be signed by the chairman of the polling station committee. The packages shall be stamped with the seal of the polling station committee.
(8) The ballot papers, electoral rolls, reports, dissenting opinions of committee members, petitions and complaints submitted to the committee and the legal statements regarding the state of the seals at the opening of the ballot boxes shall be immediately delivered to the territorial committee.
(9) The determination of voting results shall be public.
Article 37. Determination of Election Results
(1) Based on the reports received from the polling station committees, the territorial committee shall determine the total number of electors, the total number of electors who participated in the elections, the total number of valid votes and voided ballo papers, and the number of votes cast for each candidate and candidate list. These results shall be controlled through a recount of all ballot papers.
(2) Based on data received by all territorial committees, the National Electoral Committee shall determine the total number of electors, the number of electors who participated in the elections, the total number of valid votes and voided ballot papers and the number of votes cast for each candidate and candidate list by electoral region.
(3) If the Electoral Law is violated in any polling station district, the National Electoral Committee may declare the elections and all votes cast in that polling station district to be void.
(4) The simple quota shall be calculated for each electoral region, which shall be determined by dividing the number of valid votes in the electoral region by the number of mandates.
(5) Any candidate who receives a number of votes in excess or equal to the simple quota shall be considered as elected.
(6) Candidates shall be listed in order of votes obtained on lists which are included in the distribution of national compensation mandates. The number of votes cast for all candidates on one list shall be totalled. The list shall receive as many mandates as the number of times the number of votes obtained in the electoral region exceeds the simple quota. The candidates listed at the top of the list, who receive a number of votes equal to at least ten percent of the simple quota, shall be considered as elected. If two candidates receive an equal number of votes, the candidate who was listed higher on the national list shall be elected.
(7) Election results in the counties and in Tallinn and tartu shall be entered into the reports of the corresponding territorial committee by polling station district. The final election results shall be entered in the report of the National Electoral Committee. The report shall be signed by the Chairman and Secretary of the corresponding committee. The dissenting opinions of committee members, petitions and complaints received by the committee in the course of voting, counting of votes, determination of election results or regarding violations of the Electoral Law shall be added to the report.
(8) The determination of election results shall be public.
Article 38. Distribution of Compensation mandates
(1) Mandates which were not distributed in the electoral regions on the basis of the simple quota shall be distributed as compensation mandates between the national lists of those political parties and electoral coalitions whose candidates obtains at least 5% of the national vote, however not between less than two lists.
(2) In the distribution of compensation mandates, a modified d'Hondt distribution method shall be used with the distribution series of 1, 20.9, 30.9, 40.9, etc. in the calculation of the comparative figures of each list, as many first elements of the series as there are mandates distributed on the basis of simple quota to the same list in the electoral regions shall be disregarded. In the case of equal comparative figures, the list which was registered first shall be preferred
(3) In each national list, the candidates who appear at the top of the list shall receive compensation mandates. For the purposes of distributing mandates, the names of candidates on the list who have been elected by a simple quota in the electoral regions shall be disregarded.
(4) No list shall receive more mandates than are candidates on the list.
Article 39. Substitute Riigikogu Member
(1) If the term of office of a Riigikogu member is suspended or prematurely terminated, he or she shall be replaced by a substitute member, if not otherwise established by law.
(2) The substitute Riigikogu member shall be the first candidate who was not elected to the Riigikogu from amongst candidates on the same national list on which the member of the Riigikogu to be replaced was a candidate. If the first not elected candidate for some reason is unable to assume the post of Riigikogu member, the substitute member shall be the next subsequent not elected candidate from the same list, according to his or her order on the national list.
(3) If the Riigikogu member to be replaced was not a candidate on a list or if there are no more candidates on the same list, the substitute member shall be the candidate who is awarded a supplementary mandate based on distribution between national list, which has been registered by the National Electoral Committee.
Chapter VIII. Final Provisions
Article 40. Registration of Riigikogu Members and Alternate members and the Commencement of their Term of office
(1) The National Electoral Committee shall register the elected Riigikogu members and shall publish a notice in the Riigi Teataja (State Gazette) on the final election results together with the full list of all persons elected by no later than the tenth day after the election day. The term of office of the Riigikogu members shall commence on the date the election results are announced.
(2) The National Electoral Committee shall register the alternate Riigikogu members and shall forward the list of the same to the directorate of the Riigikogu. the authority of an alternate Riigikogu member as a riigikogu member shall commence on the working day following the date a decision by the directorate is adopted.
Article 41. Submission and Review of Petitions and Complaints
(1) Petitions and complaints regarding the incorrectness of data entered in the electoral roll, regarding omissions from the electoral roll or regarding the entering of an elector on an electoral roll who is not in the register of electors may be submitted to the corresponding rural municipality or town government, which shall review them in accordance with the procedures and due dates established in rticle 25 of this Law.
(2) Petitions and complaints regarding the activities or decisions of the polling station committees shall be submitted to the corresponding territorial committee, which shall review them within three working days, whereby it shall make its decision known to the petitioner and the polling station committee.
(3) Complaints regarding the activities and decisions of the territorial committees shall be submitted to the national Electoral Committee, which shall review them within seven days, whereby it shall make its decision known to the petitioner and the territoria committee.
(4) Complaints regarding the registration or refusal to register a nominated candidate or candidate list shall be submitted to the National Electoral Committee, which shall review the complaint within three working days, whereby it shall make its decision known to the petitioner.
(5) The petitions and complaints stipulated in this article shall be submitted:
1) in the cases stipulated in paragraph 4 of this Article -within three days after the registration of candidates or candidate lists or after the decision to refuse registration is adopted;
2) in the cases stipulated in paragraph 2 and 3 of this article - up until the final election results are announced.
(6) Failure to comply with the requirements for submitting petitions and complaints established in this article shall not deprive any person the right of petitioning the courts directly by the due dates established in paragraph 5 of this Article. Every person shall also have the right to petition the courts after a petition or complaint submitted by him or her is not resolved in his or her favour by the respective rural municipality or town government or electoral committee. In such cases, the due dates established in paragraph 5 of this Article shall be calculated as of the date the decision not to resolve a petition or complaint in the petitioner's favour is made known
Article 42. Responsibility for Violating the electoral Law
(1) If it is determined that the provisions of this electoral Law are violated by a polling station committee, the National Electoral Committee may suspend the activities of that polling station committee and may propose to the corresponding rural municipality or town council to release those members of the polling station committee who committed the violations of the law or to confirm anew composition of the polling station committee.
(2) If it is determined that a polling station committee or member of a polling station committee has violated the provisions of this Law, the territorial committee may propose to the corresponding rural municipality or town council to release the members of that polling station committee and to confirm a new composition of the polling station committee or to release the member who violated the law from his or her duties as a member of the committee.
(3) If it is determined that a territorial committee or member of a territorial committee has violated the provisions of this Law, the National Electoral committee shall propose to the corresponding county governor, in Tallinn and Tartu to the mayor, to release the members of that territorial committee and to confirm a new composition of the territorial committee or to release the member who violated the law from his or her duties as a member of the committee.
(4) Persons who violate the Electoral Law shall be held liable for an administrative or criminal offence.
Article 43. Term of Office of the National electoral Committee and the Territorial committees
(1) The term of office of the National Electoral committee formed on the decision of the Republic of Estonia Supreme Council of April 16, 1992 shall be in force until April 30, 1996.
(2) The term of office of the county and Tallinn and tartu territorial committees shall have force until April 30, 1996.
Article 44. Voidance of Laws
The following shall be declared null and void:
1) Estonian Soviet Socialist Republic Law "On Elections to the Supreme Soviet of the Estonian Soviet Socialist Republic" (ENSV Teataja (E.S.S.R. Herald) 1978, 42, 523);
2) Electoral Law of the Supreme Soviet of the Estonian Soviet Socialist Republic (ENSV Teataja (E.S.S.R. Gazette) 1989, 36, 552);
3) Republic of Estonia Riigikogu Electoral Law (RT1992,13, 201);
4) Republic of Estonia Law "On Changes and Amendments to the Republic of Estonia Riigikogu Electoral Law" (RT 1992, 28, 382).
Unofficial translation from Estonian. Translations into English are officially sanctioned for information purposes only. Only the Estonian language text as published in the "Riigi Teataja" has the force of law.