The Finnish Local Government Act

Helsinki, March 17, 1995

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Chapter 2: Municipal councils

Section 9
Municipal elections

The members and deputy members of municipal councils (councillors and deputy councillors) shall be elected in municipal elections for the four calendar years following the election year.

Municipal elections shall be direct, secret and proportional. All qualifying voters shall have an equal right to vote.

The Act on Municipal Elections (361/72) contains provisions on the holding of municipal elections, and elections other than municipal elections proper.

Section 10
Number of councillors

The number of councillors elected shall depend on the population of the local authority concerned, as follows:

Population,	No. of councillors
up to 2,000	17
2,001-4,000	21
4,001-8,000	27
8,001-15,000	35
15,001-30,000	43
30,001-60,000	51
60,001-120,000	59
120,001-250,000	67
250,001-400,000	75
over 400,000	85

In a local authority with a population of less than 2,000, the council may decide, by the end of June in an election year, that the number of councillors to be elected will be an uneven number lower than 17, though not less than 13. The Ministry of the Interior shall be informed immediately of any such change in the number. (22.12.1995/1647)

The population figure referred to in this section shall be determined according to information in the population data system referred to in the Population Data Act (507/93) at the end of the 31st day of May in the election year. (22.12.1995/1647)

Section 11
Deputy councillors

In each municipal election, the same number of deputy councillors as there are councillors, though a minimum of two, shall be elected from the unelected candidates first of the electoral alliance, party or joint list. A councillor elected as the candidate of a constituency association which is not on a joint list shall have no deputy.

If a councillor is found to have forfeited his eligibility for election, has been relieved of his post or has died, the chairman of the council shall appoint as his replacement for the remainder of the term the first deputy councillor of the electoral alliance, party or joint list in question.

Section 12
Chairmen and deputy chairmen

The council shall elect from its members a chairman and the necessary number of vice-chairmen for its term, unless the council has decided on a shorter term for the chairman and vice-chairmen. The chairman and vice-chairmen shall be elected in one and the same election.

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Chapter 4: Local residents' right of participation

Section 26
Suffrage and voting rights

In municipal elections held in a local authority, all citizens of Finland, other European Union Member States, Iceland and Norway who reach the age of 18 before the beginning of the election year and who were domiciled as referred to in the Act on Domicile in the local authority concerned on the first day of the election year have suffrage in municipal elections held in a local authority. Other foreigners fulfilling these preconditions also have suffrage in municipal elections if they have been domiciled in Finland for two years at that date (22.12.1995/1647).

In consultative referenda held in a local authority, citizens of Finland, other European Union Member States, Iceland and Norway who reach the age of 18 on the referendum date at the latest and whose domicile as referred to in the Act on Domicile is that authority according to the data in the population data system at the end of the 51st day before the election, shall have suffrage. Other foreigners fulfilling these preconditions also have voting rights in a municipal referendum if they have been domiciled in Finland for two years at that date (22.12.1995/1647).

Voting rights in a referendum concerning a component area of a local authority can only be exercised by persons living in that area.

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Section 30
Municipal referenda

The council can decide to hold a referendum on any matter resting with the local authority.

Referenda are advisory.

A referendum can be held on a matter concerning the whole area of the local authority or some component area. Said component area shall then comprise one or more voting districts as referred to in the Act on Municipal Elections.

All persons entitled to vote shall have an equal voting right. Voting shall be confidential. There are separate provisions on the procedure to be followed in a municipal referendum.

Section 31
Referendum proposals

Local residents representing at least five per cent of those entitled to vote may propose a referendum. The council shall decide without delay whether to hold a referendum as proposed.

Chapter 5: Elected officials

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Section 33
General qualifications for election

Those qualified for election to a municipal elective office shall be persons:

1. domiciled in the local authority concerned;

2. entitled to vote in municipal elections in a local authority in the year in which councillors are elected or an election for some other elective office is held; and

3. who are not under guardianship.

Only persons who have stated in writing that they are willing to accept the post of councillor may be proposed as candidates for election to the council.

Section 34
Qualifications for election to a council

The following are not qualified for election to a council:

1. State civil servants performing supervisory functions directly connected with municipal administration;

2. persons employed by local authorities in a managerial function related to the purview of the municipal board or a committee or in some comparable responsible function;

3. persons employed by a corporation or foundation governed by a local authority whose standing is comparable to that of persons employed by a local authority as referred to in subsection 2; or

4. in the case of the council of a local authority which is a member of a joint municipal board, persons employed by said joint municipal board whose standing is comparable to that of persons employed by a local authority as referred to in subsection 2.

Persons employed as referred to above shall be qualified for election to a council if their employment relationship ends before the councillors' term begins.

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Section 37
Forfeiting qualification for election

If an elected official forfeits his qualification for election, the organ to which he belongs shall declare his elective office terminated. In the case of a councillor, the decision shall be made by the council. Decisions shall be put into effect immediately.

Elected officials shall not forfeit their qualification for election to an organ if they are engaged temporarily, for not more than six months, in an employment referred to in sections 34 or 35, or subsection (1) of section 36. While said employment lasts, however, they may not hold their elective office.

Section 38
Refusal to accept office and resignation

Persons who have reached the age of 60 or have held the same elective office, or one in the same organ, for the four previous years or have held a municipal elective office for altogether eight years have the right to refuse to accept office.

An elective office can also be refused for some other acceptable reason. The organ to which the elected official belongs shall decide whether to accept the refusal. In the case of a councillor or deputy councillor, this decision shall be made by the council.

An elective office can be resigned for an acceptable reason. The organ to which the elected official belongs shall decide whether to accept the resignation. The council shall decide whether to accept the resignation of councillors and deputy councillors.

Section 39
Performance of elective offices

Elected officials shall remain in office for the period for which they are elected, and thereafter until some other person is elected to the office. If an elective office falls vacant in mid term, a new elected official shall be appointed for the rest of the term.

An elected official shall also remain in office until the matter is finally settled:

1. if the election of an elected official is appealed;

2. if a refusal or a resignation has not been accepted; or

3. if the municipal board has failed to implement the council's election decision under section 56 below.

Section 40
Incorrect procedure in elective office

If an elected official can be suspected on probable grounds of being guilty of an offence in office or of otherwise acting contrary to his duties, the municipal board shall demand an explanation from him and if necessary inform the council of the matter. If an offence in office has clearly been committed, it shall be reported to the police without delay.

The council may suspend an elected official for the period of an investigation or legal proceedings. Before the council meets, the chairman of the council may decide on said suspension temporarily. The suspension decision can be put into effect immediately. (1.2.2002/81)

Section 41
Criminal acts outside elective office

If an elected official is charged with a crime of a nature or type indicating that he cannot perform his elective function in the proper manner, the council may suspend him for the period of the legal proceedings. The suspension decision can be put into effect immediately. (1.2.2002/81)

If an elected official is sentenced to at least six months' imprisonment by a legally valid judgement after being elected, the council may dismiss him from his elective office. The decision shall take effect immediately.

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