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LAW ON REFERENDUM

June 4, 2002. No. IX – 929

(as amended by February 25, 2003. No. IX – 1349)

Vilnius

The Seimas of the Republic of Lithuania, relying upon the legally established, open, just, harmonious, civic society and principles of a law - based State and the Constitution:

provisions of Article two, that “the State of Lithuania shall be created by the People. Sovereignty shall be vested in the People;”

provision of Article Three, that “no one may limit or restrict the sovereignty of the People and make claims to the sovereign powers of the whole People;”

provision of  Article Four, that “the People shall exercise the supreme sovereign power vested in them directly or through their democratically elected representatives,”

and the provision of Article Nine, that “the most important issues of the State and National existence, shall be decided by referendum,”

passes this Law.

CHAPTER I

GENERAL PROVISIONS

Article 1. Purpose of the Law

This Law shall establish the procedure of implementing the right of the citizens of Lithuania to a referendum, the type of referendum and initiation, announcement, organising and conducting thereof.

2. The citizens of the Republic of Lithuania (hereinafter - citizens) or the Seimas of the Republic of Lithuania (hereinafter - Seimas) shall decide the importance of the proposed issue in the life of the State and the People in accordance with the Constitution of the Republic of Lithuania and this Law.

Article 2. General Principles of Referendum

1. Taking part in the referendum shall be free and based upon the democratic principles of the right of elections: universal, equal and direct suffrage and secret ballot.

2. Citizens who have reached the age of 18 years shall have the right to participate in the referendum. Citizens, whom the court has recognised as legally incapable, shall not participate in a referendum.

3. Citizens shall participate in a referendum on the basis of equality.

4. A referendum shall be direct. The citizens shall participate in the referendum directly and individually.

5. In holding the referendum the voting will take place by secret ballot and it is not permitted to control the free will expressed by the citizens.

6. The citizens’ right to take part in the referendum, can not be restricted due to one’s gender, race, nationality, language, origin, social situation, religion, convictions or views.

Article 3. Types of Referendum

Mandatory and consultative (deliberative) referendums may be held in the Republic of Lithuania.

Article 4. Mandatory Referendums

1. Referendums shall be mandatory with regard to the following issues:

1) on the amendment to the provision of  Article 1 of the Constitution of the Republic of Lithuania that, “the State of Lithuania shall be an independent and democratic republic;”

2) on the amendment to the provisions of Chapter I of the Constitution of the Republic of Lithuania, “the State of Lithuania;”

3) on the amendment to the provisions of Chapter XIV of the Republic of Lithuania Constitution, “Amending the Constitution;”

4) on the amendment to the Constitutional Act, dated June 8, 1992, “On Non-Alignment of the Republic of Lithuania to Post-Soviet Eastern Alliances;”

5) regarding participation by the Republic of Lithuania in international organisations, should this participation be linked with the partial transfer of the scope of competence of Government bodiesto the institutions of international organisations or the jurisdiction thereof.

2. Mandatory referendums may be held also with regard to other laws or provisions thereof, which 300 thousand citizens having the right to vote or the Seimas shall submit a proposal for to be decided by means of a referendum.

Article 5. Consultative (Deliberative) Referendums

Consultative (deliberative) referendums may be held with respect to other issues of utmost importance to the State and the People, regarding which it is not necessary to hold a mandatory referendum, they are being proposed for a referendum by 300 thousand citizens having the right to vote or the Seimas.

Article 6. Referendum Requirements of Proposed Laws, Other Enactments and Draft Resolutions

1. A draft law which is being proposed for a referendum must conform to the requirements set forth by the Law on the Procedure of Drafting of Republic of Lithuania Laws and Other Regulatory Enactments.

2. The proposed draft resolution on a referendum shall indicate:

1) the type of referendum;

2) the text of the law proposed for a referendum, text of another enactment or text of an issue to be deliberated, which concerns an issue (resolution) on the life of the State or of the People;

3. Upon a petition by the representatives of a citizen’s initiative group, the Seimas Office must ensure its support, in drafting the text (resolution) of the law, other enactment proposed for a referendum or an issue concerning the life of the State or the People proposed for deliberation, by enlisting legal experts.

4. The concept “resolution” used in this Law shall include the law, other enactment and resolution.

Article 7. Determination of Results of Mandatory Referendum

1. A mandatory referendum shall be deemed having taken place, if over one half of the citizens, having the right to vote and having been registered in voter lists, have taken part in it.

2. The resolution regarding the provision of Article one of the Constitution of the Republic of Lithuania, “The State of Lithuania shall be an independent, democratic Republic,” and also concerning the Constitutional Act of June 8, 1992, “On Non-Alignment of the Republic of Lithuania To Post-Soviet Eastern Alliances,shall be deemed as adopted, if at least three-fourths of the citizens having the right to vote and having been registered in voter lists, have approved it.

3. The resolution regarding the amendment of the provisions of Article 1 of the Republic of Lithuania Constitution on, “The State of Lithuania” and Chapter XIV, on “Amending the Constitution” shall be deemed as passed if more than half of the citizens, having the right to vote and having been registered on voter lists have approved it.

4. A resolution regarding other issues, laws or provisions thereof, which have been deliberated in a mandatory referendum, shall be deemed as approved, if more than one half of the citizens, who had taken part in the referendum, but at least one - third of the citizens having the right to vote and having been registered on voter lists.

5. The decision on the issues stipulated in paragraph 5 Article 4 of this Law, shall be deemed adopted if it has been approved by more than one half of the voters who have participated in the referendum.

Article 8. Determination of Results of Consultative (Deliberative) Referendum

1. A consultative (deliberative) referendum shall be deemed as having taken place if over one half of the citizens, who are eligible and have been registered in voter lists, have taken part in it,.

2. In the event, that over one half of the voters have taken part in the referendum and at least one half of those voters who have participated, have been in favour of the resolution, the resolution shall be deemed as having been adopted. The issue of the conducting of this referendum must be deliberated in the Seimas according to the procedure established by the Seimas Statute, within one month from its announcement.

3. In the event when fewer voters have taken part in the referendum, than has been stipulated in paragraph one of this Article, it shall be deemed that the referendum has not taken place, and the voter’s opinion voiced during its course, may be considered in the Seimas during the deliberation of laws and other draft legal acts.

CHAPTER II

INITIATION AND CALLING OF REFERENDUM

Article 9. Right of Initiative of Calling Referendum

1. The right of initiative of calling a referendum shall belong to the citizens and the Seimas.

2. The citizens’ right of calling a referendum shall be conducted through the petition of 300 thousand citizens who are eligible.

3. A group comprising at least one-fourth of the Seimas Members may submit to the Seimas a proposal to call a referendum. A decision on this proposal shall be adopted in accordance with the procedure set forth by the Seimas Statute.

Article 10. Registration of the Initiative Group of Citizens

1. The citizens shall implement the citizens” right to call a referendum directly. With a view to this, an initiative referendum group ?? (hereinafter – group)of at least fifteen citizens who are eligible, shall be formed. The chief representative of the group shall visit the Central Electoral Committee and file an application to register the group and to adopt the text of the resolution proposed for adoption by a referendum and also, shall co-ordinate on a preliminary basis the question of the date of the Central Electoral Committee sitting.

2. The group’s application to the Central Electoral Committee must indicate: the referendum type, preliminary or final text of the resolution for adoption by referendum as well as, the coordinator (coordinators) of the group. The application shall be signed by all group members and having come to the sitting of the Central Electoral Committee, in which the issue of the group’s application is deliberated, shall confirm the initiative expressed in favour of holding a referendum.

3. The Central Electoral Committee shall draw up the group’s registration act at their sitting no later than within 15 days from the day of its receipt. A copy of the act shall be issued to the group or a representative thereof no later than on the day following the day of registration of the group and forwarded to the Chairman of the Seimas. The Chairman of the Seimas shall inform the Seimas of the initiative of calling a referendum, expressed by the citizens.

4. If it shall be stated on the application of the group, that the text proposed for adoption of a resolution on the referendum, is preliminary, concurrently with the application by the representatives of the group, the necessary assistance must be rendered in drafting the final text of the resolution. by the Seimas Office as soon as possible, but no later than the day of the next sitting of the Central Electoral Committee, at which the issue of registering the group shall be discussed. The text of a resolution shall be deemed final, once all the members of the group have signed it

5. The Central Electoral Committee must, no later than within five business days of the registration of the group, issue it blanks for collecting the signatures of citizens.

6. It shall not be permitted to alter the text of the resolution proposed in the citizens’ petition to call a referendum.

7. Should a member of this group withdrawhis signature from the application to register the group, between the day of registering the group with the Central Electoral Committee and the day of issuance of the citizens’ signature collection lists and if fewer than 15 members remain of the group, it shall be deemed that the initiative to call a citizens’ referendum has been interrupted.

Article 11. Collection of Citizens’ Signatures

1. The blank issued by the Central Electoral Committee for collecting citizens’ signatures must contain the following application text:

I, a citizen of the Republic of Lithuania, certify that I support the petition to call a referendum on (presenting the entire text of the resolution submitted for a referendum).

row

Citizen’s

Citizen’s passport or

Birth

Residence

Signature

Date

No.

surname,

name

Personal identification

Card number

date

Place

 

 

2. The name and surname, and number of the passport or ID Card of the citizen who has collected the signatures, must appear at the bottom of the collection blank.

3. The group, relying upon a copy of the registration act, shall have the right to issue corresponding announcements in the mass media and to organise the collection of the signatures of citizens.

4. A citizen who has the right to vote may sign every such petition. The number of citizen signatures shall be unlimited, however, it must not be under 300 thousand. A citizen shall enter his own data and affix his own signature. Should a citizen be incapable to enter his own data and sign this petition himself, owing to physical shortcomings, another citizen may sign it upon his request. A corresponding entry on the citizen signature collection blank that is confirmed by the signature of the citizen, who has collected the signatures of citizens, must mark the fact of such a signature.

5. A three-month time limit shall be established in order to implement the provisions of the right of the citizens’ initiative to call a referendum. It shall be calculated from the day of issuing the citizen signature sheets at the Central Electoral Committee.

6. The group shall accumulate citizen petitions to call a referendum. Having collected 300 thousand signatures, within the time limit set forth in paragraph five of this Article, the group shall draw up the concluding act and submit it to the Central Electoral Committee along with the citizen petitions.

7. A citizen shall have the right to withdraw his signature regarding the petition to call a referendum. He must inform the Central Electoral Committee of his decision no later than by the day of the transfer of the citizens’ petitions to the Committee.

8. Should the required number of citizen signatures fail to be collected and submitted during the time limit set forth in paragraph 5 of this Article, the collecting of signatures shall be interrupted.

9. Citizens’ signatures may be collected in public places and in residences. It shall be prohibited to compensate for citizen’s signatures.

Article 12. Implementation of the Right of Group of Seimas Members to Call a Referendum

1. The proposal by a group of the Members of Seimas to call a referendum shall be submitted to the Seimas. It must indicate: the type of referendum and the text of the resolution proposed to be adopted by a referendum.  The members of Seimas shall sign the proposal and the Seimas Board shall confirm the authenticity of their signatures no later than within the course of two business days. The draft resolution of the Seimas on calling a referendum shall also be submitted to the Seimas along with this proposal. It shall be deliberated by the Seimas at the next sitting of the Seimas and shall adopt a decision according to the procedure set forth in the Seimas Statute.

2. A Seimas member may withdraw his signature regarding the proposal to call a referendum. He must inform the Seimas of this decision no later than the start of the Seimas plenary sitting to deliberate the draft resolution of the Seimas on calling a referendum.

Article 13. Preliminary Examination of Citizens’ Petition to Call Referendum

1. The Central Electoral Committee shall verify within 15 days the received documents on calling the referendum. The Central Electoral Committee, having determined that the documents meet the requirements of this Law, shall give to the Seimas the final act along with the citizen’s petitions and its own conclusion.

2. The Central Electoral Committee, having established that the documents contain non-essential deficiencies or that very few (up to 0.5 per cent) of the citizens’ signatures are missing, shall inform the group thereof and set a 15 - day time limit to eliminate these deficiencies. Having eliminated these deficiencies over the prescribed period of time, the petition to call a referendum shall be examined further according to general procedure.

3. Should the time limit for the implementation of the citizens’ right of initiative to call a referendum be violated, the required number of citizens’ signatures fail to be collected or should it be determined that gross violations of the law (falsified citizens’ signatures or a violation of the principle of voluntariness in collecting signatures) exist in the submitted documents, the Central Electoral Committee shall refuse the petition to call a referendum, based upon a reasoned decision and inform the group and the Seimas thereof. The group shall have the right to appeal this decision to the Superior Administrative Courtof Lithuania within the period of one month.

4. Should it be determined that a citizen has signed two or more times for calling the same referendum, all of his signatures shall not be counted. Signatures shall also not be counted, if in violation of paragraph 4 of this Article 11, the data about the citizen are entered on the signature sheet by someone else, and also, if all of the data set forth in this Law have not been included, or if they have been rendered falsely.

Article 14. Procedure of Passing Seimas Resolution Regarding Petition to Call Referendum

1. The Seimas, having received a properly registered final act of the group along with the citizens’ petitions and the conclusion of the Central Electoral Committee that the submitted documents correspond to this Law, shall deliberate the issue of the date of the referendum at the next sitting of the Seimas during the session. The representatives of the referendum group shall be invited to participate in this sitting. The resolution of the Seimas on the date of calling the referendum shall be passed in accordance with the procedure set forth in the Seimas Statute, no later than within one month from the day on which the discussion issue of the date of calling the referendum has been started.

2.Should the group of experts formed in the Seimas arrives at the conclusion that the referendum text supplied in the citizens’ petition to call a referendum may not be in keeping with the Constitution of the Republic of Lithuania, can be the basis for not calling the referendum.

Article 15. Content of Seimas Resolution on Referendum

1. The type of referendum, date of conducting and the text of the resolution presented for referendum shall be indicated in the Seimas resolution on calling a referendum.

2. The date for conducting the referendum shall be selected for no later than in three months and no sooner than in two months from the day of passing the Seimas Resolution on the date of calling the referendum.

Article 16. Agitation Regarding Referendum

1.The day of the group’s registration with the Central Electoral Committee or the day of the submission of the proposal to the Seimas by the Seimas group to call the referendum shall be deemed as the start of the referendum agitation campaign.

2. Upon entry into force of the Seimas resolution to call a referendum, the Central Electoral Committee shall publish in the public media and their website the text of the resolution for the referendum.

3. From the onset of the referendum agitation campaign, the group representatives, Seimas members, the President of the Republic, the Prime Minister, ministers as well as, political parties and political organisations (hereinafter - parties), registered according to the prescribed procedure, public organisations and citizens shall be accorded the right to conduct agitation without interference for the proposal to call a referendum, passage of the resolution presented for a referendum and also against the proposal to call a referendum and the passage of  the resolution being presented for a referendum.

4. The form and measures of referendum agitation must not be contrary to the Constitution and laws of the Republic of Lithuania.

5. Referendum agitation shall be prohibited within less than 30 hours before the commencement of voting in the referendum and on the day of voting.

Article 17.  Conditions and Procedure of the Use of Mass Media

1. A right to use the media free of charge shall be extended to the group representatives, President of the Republic, Prime Minister, ministers,  parties, public organisations and citizens. The Central Electoral Committee having coordinated with the heads of the National Radio and Television of Lithuania, shall approve the regulations of preparing broadcasts intended for referendum agitation and the actual duration and time of the National Radio and Television of Lithuania broadcasts. It shall also distribute the broadcast time in such a way that the equal rights principles of the group’s and its opponents’ representatives would not be violated. The representatives of both the group and its opposition shall be accorded at least seven hours each of the public (national) radio and television time for holding debates betweenthem.

2. The group shall propose the participants of the radio and television broadcasts, who support the initiative of calling a referendum and the resolution proposed therein for passage, and it shall inform the Central Electoral Committee of this. The opponents of the group shall be the representatives of the parties and public organisations and other persons, who do not approve of the initiative of calling a referendum and of the resolution proposed therein for passage. They shall inform the Central Electoral Committee of their desire to take part in the debates. The Central Electoral Committee, adhering to the order of priority set forth in paragraph three of this Article, shall comprise a list of the persons, who shall take part in the debates prepared for radio and television broadcasts.

3. The following order of priority shall be set for the persons in opposition to the group, who shall participate in the debates being prepared for radio and Television: The President of the Republic, Members of the Seimas  (their order shall be determined through mutual agreement or by drawing lots); The Prime Minister; the ministers (their order shall be determined through mutual agreement or by drawing lots); the representatives of the parties whose candidates have been elected in multi-memberelectoral districts (their order of priority shall be determined through mutual agreement or by drawing lots); the representatives of the parties whose candidates have been elected  only in single-memberelectoral districts (their order of priority shall be determined through mutual agreement or by drawing lots); representatives of the parties whose candidates had not been elected or did not  take part in the Seimas elections, (their order of priority shall be determined through mutual agreement or by drawing lots); the representatives of public organisations (their order of priority shall be determined through mutual agreement or by drawing lots); citizens (their order of priority shall be determined by drawing lots). if some persons, who only support the calling of a referendum and the resolution proposed therein for passage or only oppose these, shall take part in the radio and television debates, they shall hold discussions with the broadcast manageror the broadcast participants invited by him.

4. Only the amount of the special election accounts shall limit the agitation in commercial mass media.

5. The Central Electoral Committee shall resolve all the disputes arising of referendum agitation.

Article 18. Publicity in Drafting and Conducting Referendum

1. The referendum committees indicated in Article 19 of this Law should draft and conduct the referendum openly. They inform the citizens about their work, formation and makeup of the city, regional and polling district referendum committees, location and work times.

2. Information concerning the meetings of the referendum Committee shall always be posted in the building, which is the headquarters of this Committee, on a bulletin board installed there and the referendum Committee members shall be informed personally at least 24 hours prior to the start of the meeting.

3. The Central Electoral Committee shall provide through the Internet website and the mass media, additional information regarding their meetings in which the issues shall be discussed regarding: the registration and determining of a group, whether the signatures submitted by the group meet the requirements of this Law; on the formation of the city and regional committees and the changing of the makeup thereof; on decisions based on drawing lots; on the results of the referendum and the determination of the final results of the referendum; also it shall provide information regarding the meetings in which disputes on the violations in referendum agitation and of this Law are being examined. The Central Electoral Committee shall also publish its decisions adopted in the course of organising and conducting the referendum and the preliminary voting results of the referendum. The preliminary results of the referendum shall be published in the Internet website, upon being received by the Central Electoral Committee.

4. The meetings and voting of the Central Electoral Committee and the city and regional referendum Committees, and also the activities of polling referendum committees in the course of voting and ballot counting shall be public. They may be observed by: group members, its representatives and observers, party representatives and observers upon the presentation of certificates of a specified form, and the representatives of mass information media, upon presentation of official or work certificates.

5. People present in the hall during the sittings may, while in their places, take shorthand notes or minutes of the sitting, photograph or film, and make sound and video recordings. To photograph or film and make video recordings, when that shall require moving around the station or employ special lighting equipment, and also to do direct broadcasts of the sittings by radio or television shall only be possible with the permission of the committee chairman.

6. The sittings and balloting of the Central Electoral Committee and the referendum committee may not hold closed sittings. The Central Electoral Committee may forbid outsiders to enter the work station of the staff serving the referendum committee and document storage, should that be necessary in order to ensure the undisturbed performance of these workers and to protect the referendum documents.

7. Should there be reason to believe, that a threat may arise in the course of the sitting to the safety of the participants at the sitting, the chairman of the committee may ask the police to check the documents, personal belongings or do a personal check of the person, among the persons entering the hall.

8. The committee may remove from the hall the persons who interfere with its normal work performance.

9. The producers and disseminators of public information shall provide information through the mass media on the drafting and conducting of the referendum.  Journalists shall have the right to participate in all events, which shall be organised by the referendum committees, and also may obtain information regarding the preparation and conducting of the referendum.

CHAPTER III

PREPARATION FOR REFERENDUM

Article 19. Referendum Committees

In the Republic of Lithuania a referendum shall be organised and conducted by:

1) the Central Electoral Committee;

2) the city, regional referendum committees;

3) the polling district committees.

Article 20. Powers of Central Electoral Committee in Organising and Conducting Referendum

1. The Central Electoral Committee shall:

1) register the group;

2) issue citizen signature collection blanks to the group;

3) verify and determine, whether 300 thousand citizens’ signatures have been properly collected;

4) form city and regional referendum committees;

5) determine the stamp samples and forms, samples of completing the referendum ballot and other documents used in the referendum, and also the procedure of stamping the ballots;

6) manage the State funds allotted for the referendum;

7) oversee, how this Law is being implemented;

8) register according to the presentation of the groups and parties, their representatives and observers at the Central Electoral Committee and issue certificates to them;

8) according to the group’s, parties’ recommendation, register the representatives at the Central Electoral Committee and issue certificates to them;

9) examine the disputes and adopt resolutions on city and regional referendum committee and polling referendum committee decisions;

10) determine and publish the final results of the referendum;

11) exercise  the other powers set forth in this  Law.

2. Should the elections of the Seimas, Republic President or municipal council and the referendum be taking place on the same day, the same polling and referendum committees will be formed. The Central Electoral Committee shall form in a separate election, referendum territory one city, and regional and constituency election or referendum committee and determine its functions in organizing and conducting the elections or referendum.

Article 21. Formation of City, Regional Referendum Committees

1. The Central Electoral Committee shall form city and regional referendum committees to organise and conduct the referendum in the city, regional, and local government areas for the period of the referendum and at least 60 days prior to the referendum vote day.

2. The City and regional referendum committees shall be formed of:

1) a person having a university level legal education, who has been recommended by the Minister of Justice and resides or lives in the territory of this local government;

2) a person having a university level legal education, who has been recommended by the Lawyer’s Association of Lithuania and resides or works in the territory of this local government;

3) a career publicservant,recommended by the mayor, who works in the administration of this local government;

4) persons recommended by the parties, which have the Seimas membermandates  in a multi-member election constituency;

3. The Minister of Justice, the Lawyers Association of Lithuania and the mayor may recommend more candidacies, as well.

4.The parties, which have obtained Seimas member mandates in a multi-member election constituencyaccording to the list of the nominated candidates (joint list), from one of these lists of a multi-member voting constituency (of a joint list) shall have the right to recommend to the city, regional referendum committees of two each of their members. If the representatives offered by the parties shall meet the requirements of this Law, the Central Electoral Committee may not reject their candidacy. If the candidacy has not been offered, the Central

Electoral Committee may in their place, appoint in addition as members of the committee, persons, who have been recommended by the Minister of Justice, the Lawyers’ Association of Lithuania or mayor.

5. In all instances, at least three members of the committee must be persons, who have been appointed to city, regional referendum committees from those who have been nominated by the minister of Justice, the Lawyers’ Association of Lithuania and mayor. If there are fewer such persons, the committee shall be increased from those nominated by the Minister of Justice, The Lawyers’ Association of Lithuania or mayor.

6. The Central Electoral Committee shall appoint the chairman of the city and regional referendum committee from the committee members;

7. The city, regional referendum committee shall select a deputy chairman and secretary of the committee at the first sitting.

Article 22. Powers of City, Regional Referendum Committee

The city, regional referendum committee shall:

1) form the polling district referendum committees;

2) inform the voters who reside in the city and, region regarding the boundaries of the referendum polling districts, their headquarters, work hours and polling stations;

3) oversee how this Law is being implemented in the city and region;

4) register according to the recommendation of the group and party, their representatives and observers and issue certificates to them;

5) draw up an accounting record  of the city and region vote count;

6) deliberate the appeals regarding the decisions and actions of polling referendum committees and adopt decisions with regard to them;

7) implement the other powers set forth in this Law.

Article 23. Referendum Polling Districts

1. Taking into account the convenience for a voter to reach the polling station and the number of voters, the cities and regional areas shall be divided into polling districts and while organising and conducting the referendum, these shall become referendum polling districts.

2. If necessary, upon the recommendation of a mayor the Central Electoral Committee shall change the division of a city, regional territory, which is constant in organising and conducting the referendums, into referendum polling districts. The Central Electoral Committee shall publish the list of approved referendum polling districts in the annex to the “State Gazette,” “Information Bulletin.”

3. A maximum of five thousand citizens, who are eligible to vote, must live in the territory of the referendum-polling district.

4. The boundaries of a referendum polling district and the address of a polling station shall be changed if necessary, but no later than 100 days prior to the referendum vote. In his recommendation for approval of the division of the municipal area into referendum polling districts, the mayor shall indicate the proposed name of the polling district, addresses which comprise the referendum polling district, the number of citizens in the referendum polling district being formed and the address and telephone number of the polling station. The proposed changes must be indicated in the recommendation to change the distribution of the municipal area into referendum polling districts. These changes must be submitted to the Central Electoral Committee at least 110 days prior to the day of voting in the referendum. Should it not be possible to accommodate the referendum voting in the previously designated polling station, the Central Electoral Committee may, upon the recommendation of the city and regional referendum committee, change the polling station address up to one day prior to the referendum and a shorter time limit, if this is not stipulated in this Article.

Article 24.  Formation of Polling Area Referendum Committees

1. The city, regional referendum committee shall establish the number of each polling district referendum committee at least 48 hours before the day of voting in the referendum. It must be the least common multiple of the number of the parties (coalitions thereof), which have the right to nominate candidacies to the polling district referendum committee.

2.The following shall have the right to nominate an equivalent number of candidacies for the polling district referendum committee:

1) each party or coalition of parties, which during the last election had obtained Seimas members in a multi-member election constituency. If the party obtained Seimas members while being in a coalition, it may nominate the candidacies along with the parties who had participated in the coalition;

2) a party or a coalition thereof, which during the last council elections of the municipality, on the territory whereof the polling area is located, had obtained the mandates of the members of this council according to the nominated list (joint list);  if the party had obtained the mandates of the council members while being in a coalition, it may nominate the candidacies along with the parties have participated in the coalition.

3. If the party may nominate candidacies both according to the Seimas and the municipal council election results, it must then propose the candidacies only according to the results of one of these elections at choice.  Should one of the parties who had participated in the election coalition fail to propose candidacies or refuse to nominate them, or choose to propose according to the results of other elections, when a coalition had been formed, the other parties who had participated in this coalition shall have the right to propose candidacies without its participation.

4. A party shall submit to the city, regional referendum committee a list of candidacies for polling district referendum committees, at least 41 days prior to the day of voting in a referendum.

5. the polling district referendum committees shall be formed by the city, regional referendum committees at least 38 days prior to the voting in the referendum. If the candidacy proposed by the party shall meet the requirements of this Law, the city, regional committee can not reject it.

6. If no candidacies have been proposed or if the proposed candidacies do not meet the requirements of this Law, or if they have been proposed after the expiration of the stipulated time limit, or if a vacancy has opened up on the committee and no new candidacy is proposed, the city, regional referendum committees may reduce the earlier established number of the members of the polling district referendum committee or request that the mayor would nominate the missing candidacies to the polling district’s referendum committee.The candidacies proposed by the mayor can not be party members or become such prior to the expiration of the referendum committee member’s term of powers. Should at least three city, regional referendum committee members object at a sitting of the city, regional referendum committee, in which a member of the referendum polling area nominated by the mayor is to be appointed, to the appointment of the candidate nominated by the mayor to the referendum polling area committee, this candidate may not be appointed as a committee member. The polling area referendum committee must have at least five members.

7. The city, regional referendum committees shall appoint the chairmen of the polling district referendum committees from the committee members.

8. At its first sitting, the polling district referendum committee shall elect a deputy committee chairman and a secretary.

Article 25. Powers of Polling District Referendum Committee

The polling district referendum committee shall:

1) receive polling district voter lists from the city, regional referendum committee, create the conditions for citizens, group representatives and party representatives to familiarize themselves with them, present or otherwise transfer to citizens voter certificates, inform the city, regional referendum committee concerning the inaccuracies  found in the polling district  voter list.

2) examine the appeals related to the errors made on the voter list; 

3) supervise in accordance with the procedure set forth by the Central Electoral Committee, how  voting by mail is being conducted within the polling area, whether opportunities have been created to vote by mail in all the treatment, socialcare and guardianshipinstitutions, military units and places of penal institutions;

4) together with a representative of the local government administration see to it that secret balloting voting booths  and ballot boxes would be prepared on time, according to the requirements of this Law;

5) organise the voting in the referendum polling district on the day of voting in the referendum;

6) count the votes, and compile a record of vote counting in the polling district;

7) examine the appeals of  the citizens in its polling area and referendum observers concerning the preparation of the referendum, organising of the voting ballot counting, drawing up of the record and adopt resolutions;

8) implement the other powers  set forth in this Law.

Article 26. Written Pledge of Referendum Committee Members

1. The chairman of a referendum committee and a member of the referendum committee shall begin performing his duties in the referendum committee upon giving a written pledge.

2. The Central Electoral Committee shall determine the procedure of giving a written pledge for the chairmen of city, regional and polling district referendum committees. The following text of the written pledges of a referendum committee chairman, committee member shall be established:

“I, a member of the referendum committee, chairman (surname, name), promise to be faithful to the Republic of Lithuania and adhere to its Constitution and laws, conscientiously and honorably discharge my duties in the referendum committee and to refrain from behaviour which violates the laws and human rights.

So help me God.”

3. The pledge may be given without including the last sentence. Having given the pledge, the person shall affix his signature underneath the text. The pledge will be in force throughout the entire period of assignment to serve on the referendum committee.

4. The pledges signed by the referendum committee chairmen shall be kept by the committees, which had appointed them.

5. The referendum committee, while appointing a committee member, shall set the time, when he must give a written pledge. A person, who has failed to provide a written pledge for more than 15 days from his appointment or has given a written pledge with a reservation, shall lose his position on the referendum committee.

Article 27. Organizing of Referendum Committee Work

1. The referendum committee sittings shall be legal if at least three-fifths of the committee members shall take part in it.

2. The resolutions of the referendum committees shall be adopted by open ballotingof the committee members participating at the sitting. The vote of the committee chairman shall be decisive in a voting tie. The committee members, who shall not be in agreement with the resolutions, shall have the right to express a different opinion in writing. The differing opinion shall be added to the protocol and shall be an inseparable part thereof.

3. At the close of the referendum, the powers of the referendum committee chairmen of city, region and polling districts shall be terminated. The committee, which had appointed the committee members, shall adopt a resolution to terminate the powers, when it and the chairman thereof have completed all of the assigned work according to the law.

4. Any type of agitation activity or other attempts to influence the will of citizens shall be prohibited for a member or the chairman of a committee who has given a written pledge. A person who has violated this requirement and the written pledge of a referendum committee member, must be dismissed from the committee and shall be liable according to the procedure set forth in the laws.

Article 28. Appeals on Decisions of Referendum Committees, adopted up to Conclusion of Voting

1. Group members, parties, as well as the representatives thereof  and observers  may  appeal the decisions  of the referendum committees, which have been adopted up to the conclusion of voting, as follows:

1) those of polling district referendum committees - to the city, regional referendum committee;

2) those of city, regional referendum committees - to the Central Electoral Committee;

3) those of the Central Electoral Committee-to the Supreme Administrative Court of Lithuania

2. The Central Electoral Committee must examine the appeals within 48 hours. The decisions of the Central Electoral Committee, adopted in the course of appeal examination, or its other activities over the period of 5 days following the adoption of the decision, but not later than the conclusio1n of the referendum voting, may be appealed to the Supreme Administrative Court of Lithuania. The appeal must be examined at least within 48 hours from their submittal. This time limit shall also include non-work days. The decision of the court shall enter into force from its announcement.

3. The appeals, which are submitted without adhering to the procedure stipulated in this Article, shall not be examined and shall be transferred to the referendum committee, which must examine them. The polling district referendum committee, city and regional referendum committee may not transfer to the Central Electoral Committee for examination the appeals belonging to the scope of their competence and unexamined appeals.

4. The acts of the Central Electoral Committee in implementing the provisions of Chapter II of this Law shall be appealed to the Supreme Administrative Court in accordance with the procedure stipulated in this Article. The time limits set forth in paragraph two of this Article shall be applied in the examination of such appeals.

Article 29. Referendum Committees, When Two or More Referendums Are Called at One Time

When two or more referendums are being called or conducted at one time, the committees formed in accordance with the procedure set forth by this Law  shall be common  for all of the referendums being called at one time.

Article 30. Support of Referendum Committees

1. State and municipal institutions, agencies and their officers and employees thereof, enterprises and their workers must support referendum committees to implement their powers and supply necessary information to them. 

2. State and municipal institutions, their officers and employees, enterprises and their workers must consider the petitions presented by the referendum committees no later than within a period of three days and provide the referendum committee with a reasoned response.

3. The referendum committee may as necessary hire persons to perform economic and technical functions.

4. State and municipal institutions, agencies, their officers and employees, enterprises and workers thereof must provide the referendum committees with suitable station free of charge, to prepare and conduct a referendum.

Article 31. Compensation of Work of Referendum Committee Members

The chairmen and members of referendum committees receive remuneration for their work on the referendum committee in accordance with the amounts submitted by the Central Electoral Committee and approved by the Government.

Article 32. Changing Makeup of Referendum Committee

1. The chairmen or member of the referendum committee may be relieved of his duties by the referendum committee, which had confirmed the makeup of this committee or the Central Electoral Committee.

2. The Central Electoral Committee or the city, regional referendum committee may only deliberate the reasoned proposal of the party or coalition to dismiss the committee member whom they themselves had nominated.

3. If necessary, a new chairman or member of the referendum committee may be appointed in accordance with the procedure set forth by this Law and upon the expiration of the limits stipulated in paragraph one of Article 21 and paragraph five of Article 24.

CHAPTER IV

VOTER LISTS AND REFERENDUM DOCUMENTS

Article 33. Lists of Citizens, Who Have the Right to Take Part in the Referendum

1. The lists of citizens who are eligible to vote in the referendum, shall be referred to as voter lists. In order to organize and conduct the referendum the following voter lists shall be compiled:

1) the list  of the voters of the Republic of Lithuania;

2) the lists of city and regional voters;

3) the referendum polling district lists.

2. The voter lists shall be compiled on a preliminary and final basis. These lists may be only be used for organizing and conducting the referendum.. The procedure of making up the voter list should be such that every citizen, having the right to vote, must be included therein. No one may be entered on the voter lists several times.

4. The Republic of Lithuania voter lists and city, electoral voter lists, which are compiled by the administrator of the Population Register, shall be compiled in electronic information media.

5. The Central Electoral Committee shall establish the procedure, form and means of compiling of the lists indicated in paragraph four of this Article and the use thereof.

Article 34. General Procedure of Registration of Citizens in Republic of Lithuania Voter List

1. All of the citizens who are eligible shall be included in the Republic of Lithuania Voter List and in the Population Register of Republic of Lithuania, according to the information of a document certifying citizenship (passport or personal identification card).

2. State institutions, which issue the documents certifying the citizenship of  Republic of Lithuania, administrating the data of the declaration of the place of residence of the population, registering the death and loss of citizenship of citizens, also shall be responsible for appropriate  and accurate amending and updating of the Population Register of the Republic of Lithuania. The lists compiled according to the data of the Population Register of the Republic of Lithuania shall be preliminary.

3. The Central Electoral Committee shall organise the compilation, updating and administration of voter lists, relying upon the information provided by the State, municipal institutions and the city and regional referendum committees.

4. The following persons shall be removed from the voter list of the Republic of Lithuania:

1) a diseased citizen;

2) a person who has lost the citizenship of the Republic of Lithuania;  and

3) a citizen who has been declared legally incompetent by the court.

5. At least 7 days in advance of the referendum vote, updated preliminary voter lists, recognised in the manner established by the Central Electoral Committee, shall be approved as final voter lists. Changes in final voter lists may be made only subject to the consent of the Central Electoral Committee.

Article 35. City, Regional Voter Lists

The Central Electoral Committee shall compile a city, regional voter list in electronic information media according to the Republic of Lithuania Voter List and the citizen’s place of residence (the citizen’s last known place of residence indicated therein) and with at least 29 days remaining prior to the day of voting in a referendum, shall transfer it to the city, regional referendum committee. At the same time the voter lists shall be compiled of citizens who reside abroad and transferred to the diplomatic missions  (consulates) of the Republic of Lithuania. Lists of citizens, whose exact address of the place of residence is unknown, shall also be compiled.

Article 36. Lists of Referendum Polling District Voters

1. The city, regional referendum committee shall compile a list of the referendum polling district voters according to the city, regional voter list and the citizen’s place of residence, at least 26 days prior to the day of the vote in the referendum, shall hand it over to the referendum polling district committee. A list of citizens, whose exact address is not known, shall also be compiled.

2. Citizens, (ship crewmembers and passengers), who shall be unable to return to Lithuania during the time period allotted for voting by post and on the day of voting in the referendum, shall be registered in the voter list of the referendum polling district in whose territory the ship’s port of registry or the owner’s administration, are located.

Article 37. Announcement of Voter Lists and Familiarisation with Voter Lists

With at least 25 days remaining prior to the day of voting in the Referendum, the polling district referendum committee, diplomatic mission  (consulate) of the Republic of Lithuania shall create conditions for the voters to familiarise themselves with the voter list. At the entrance to the station of the referendum committee, information should be posted regarding the times of committee members’ duty hours, also the phone numbers, where the voters could check to see whether they have been included on the voter list. Upon conclusion of the time limit for submitting voter certificates, set forth by this Law, the duty hours of the polling district referendum committee and its telephone numbers must be posted in the stairwell entrances of multi-unit apartment buildings. The time and place for fulfilling this voter right must be posted at the entrance to the referendum committee’s station in the Republic of Lithuania diplomatic mission  (consulate).

Article 38. Voter Certificate

1. A voter certificate shall be a document issued by a referendum committee specifying the polling district in the voter list whereof a voter is registered. One cannot vote by post without this certificate.

2. A voter certificate shall contain:

1) the voter’s  name and surname;

2) the voter’s birth date (year, month, day);

3) the voter’s address;

4) the name of the city, region, in which the  citizen shall vote and the number assigned in the referendum to the city and region;

5) the name, number of the referendum polling district in the list of voters whereof the name of the voter has been registered, as well as the address of the polling station;

6) the voter’s number in the voter list of a referendum polling district;

7) the voting on the referendum day, the voting time at the referendum polling station, the requirement to produce this certificate when voting by post, and other information relevant for the voter.

3. Should the voter request the issuance of a duplicate voter certificate to replace one that has been lost or one that has not been received, the Central Electoral Committee, city, regional referendum committee must immediately issue it, upon establishing the voter information which must be included in the voter certificate.

Article 39. Delivery of Voter Certificate

1.The polling district referendum committee shall organise the delivery of voter certificates to the voters. Provided a voter who is abroad has informed the Republic of Lithuania diplomatic mission (consulate) of his address, the voter certificates shall be delivered or sent by post, by the Republic of Lithuania diplomatic mission (consulate). A voter certificate shall not be delivered to a voter who shall vote aboard a ship.

2. The delivery of a voter certificate shall be marked off in the preliminary voter list of a referendum polling district. A voter certificate shall be either delivered to the voter personally or another person who lives together with the voter, or to a neighbour of the voter, who knows the voter and promises to deliver the certificate to the voter. The delivery of voter certificates to voters must be finished at least 20 days before voting in the referendum.

3. The voter who has not received a voter certificate in time or one who has received a voter certificate with incorrect data, must, without delay, inform thereof the polling district referendum committee in the territory of which he resides, and to produce for the referendum committee his passport or other document confirming his identity. If the voter is registered in the voter list of this referendum polling district, the polling district referendum committee must write out a new voter certificate to the voter and issue it to him immediately. If the voter is not registered in the voter list of this referendum polling district, but the address of his residence according to the data of the population register falls within the territory of this referendum polling district or if the voter produces some other evidence attesting that he resides within the territory of this referendum polling district, the polling district committee shall ask him to fill out an application form established by the Central Electoral Committee for registering the voter in the voter list of this referendum polling district (or this application form may be filled out by a member of the polling district referendum committee). The polling district referendum  committee shall forthwith notify about it the city, regional referendum committee, which must cause to have the voter registered on the basis of this application in the voter list of the referendum polling district. The voter certificate shall be issued and delivered to the voter following the updating of the voter lists.

4. A city, regional referendum committee may, in the manner prescribed by the Central Electoral Committee, issue a voter’s certificate to a voter who is registered in the voter list of a different city, regional voter list if said voter is not able to return to his permanent place of residence to collect or obtain in some other manner a voter certificate. The voter must apply for this in writing and produce the passport of a citizen of the Republic of Lithuania or a personal identification card.

Article 40. Updating of Voter Lists before Drawing up Final Lists

1. Preliminary voter lists shall be updated when transferring a voter from one voter list of a  polling district, city or region into another, when removing a voter from or registering him in the voter list of the Republic of Lithuania.

2. A voter shall be transferred from one voter list into another if it transpires that the address of his place of residence in the preliminary list is incorrect or it has changed after said list was compiled.

3. Transferring of a voter from the voter list of one referendum polling district into another in the same city, region shall be the responsibility of the city, region referendum committee which shall notify the Central Electoral Committee about the changes made in voter lists of referendum polling districts. Transferring of a voter from the voter list of one city, region into another city, region voter list shall be the responsibility of the Central Electoral Committee on the recommendation of the city, region referendum committee and the Central Electoral Committee shall notify city, region referendum committees about the changes made. A voter may be registered in or removed from the voter list of the Republic of Lithuania only by the Central Electoral Committee in cases specified in Article 34 of this Law.

Article 41. Registration of Citizens Who Are Staying Abroad in Voter Lists

1. Citizens of the Republic of Lithuania who are staying in other states shall be registered in the Vilnius city voter list.

2. A diplomatic mission (consulate) of the Republic of Lithuania shall, at least 15 days before voting in the referendum, submit to the Central Electoral Committee the voter list compiled in the diplomatic mission, (consulate) as well as a report about its updating. Added to this list may be the voters who, during the period of voting by post or on the day of voting in the referendum, are not able to return to Lithuania and are voting in the diplomatic mission (consulate).

Article 42. Registration in Voter Lists of National Defence Servicemen, Voters who are Aboard a Ship and in Places of Confinement

1. Voters performing active or alternative service shall be registered in the voter lists of the polling district on whose territory they have permanently resided before they were summoned for the active or alternative service.

2. Officers, non-commissioned officers and re-enlistees of the national defence system and the internal affairs service shall be registered in the voter lists of the referendum-polling district on whose territory they permanently reside.

3. The voters who are aboard a ship and who will be unable to return to Lithuania during the period of voting by post or to be present on  referendum day, shall be registered in the additional voter list of the polling district in whose voter list the ship’s crew is registered.

4. Voters who are in places of confinement shall be registered in the voter list of the polling district in whose territory they have permanently resided prior to being placed in confinement. Upon a written request of a person who is in a place of confinement he shall be registered in the voter list of the polling district in whose territory the place of confinement is situated.

Article 43. Lists upon Compiling Final Voter Lists, as well as on The Referendum Day

If following the approval of the final voter lists, but no later than until 6:00 p.m. on voting in the referendum day, (if the referendum is to take place on more than one day, - up to 6 p.m. of the last day of voting in the referendum), a voter who has not been registered in the voter list of the referendum polling district, applies to the referendum committee of the polling district and attests in writing that he has not voted by post or in another referendum polling district and submits a citizen’s passport, with the address of the place of residence recorded therein or  a  passport or an identification card and document concerning his stated place of residence (the place of residence must be attached to the territory of this polling district, or the voter must submit some other evidence, that he is staying at an address attached to the territory  of  this  referendum  polling district), the committee of the polling district shall register the voter in the additional voter list of the polling district, and allow him to vote according to the procedure established by the Central Electoral Committee, and shall immediately furnish the voter’s surname, name, personal code, his passport number and address to the city, regional referendum committee. The city, region referendum committee the shall check whether or not the voter is registered in the city, region voter list and take measures to guarantee that the voter would not be able to vote twice or the ballot papers filled by him would be counted only once. If the voter has voted twice, only that vote shall be counted which was put in the ballot box of the referendum polling station. The other vote of this voter, received by post or cast according to the additional voter list of the polling district shall not be counted.

Article 44. Complaints about Voter Lists

1. A voter or a representative of the party may lodge complaints with the referendum committee of the polling district no later than 7 days before the referendum vote about the errors made in voter lists due to which the voter is not registered in the voter list in the manner prescribed by this Law or is registered in several voter lists. The referendum committee of the polling district must investigate the complaint and adopt a decision thereon either immediately or within 2 days of the receipt thereof, if more than 10 days are left until the day of the referendum.

2. The decision of the referendum committee of a polling district may be within 3 days appealed against to the administrative court of an appropriate county, which shall investigate the complaint within 2 days. The decision of the court shall be final.

3. Complaints and comments shall not be investigated after the expiration of the term established for filing comments or complaints.

4. The referendum committees of polling districts shall report to the city, regional referendum committee about the received complaints and changes made in the voter lists by the court’s decision, and the referendum committee of the city, region shall report to the Central Electoral Committee as soon as possible but no later than within 12 hours.

Article 45. Establishment of Referendum Document Specimens

The Central Electoral Committee shall establish specimens and forms of voter certificates, referendum ballot papers, voucher envelopes and outer envelopes for voting by post, other documents, blanks, questionnaires, official envelopes, packages, seals used in the referendum, as well as the specimens for filling them out.

Article 46. Referendum Ballot Papers

1. The ballot paper shall include the text of an appeal to the voter and the reply versions: “Yes,” and “No,” or “For,” and “Against.”

2. Should there be two or several referendums being held, the ballots of each one of them must be of a different color.

3. The Central Electoral Committee shall establish the form and the specimen for filling them out.

Article 47. Delivery of Referendum Ballot Papers

1. Referendum ballot papers and envelopes shall be delivered to referendum polling districts and post offices at least 7 days prior to the beginning of voting in the referendum.

2. Voters must be provided with free access to ballot papers and envelopes for voting by post, at the diplomatic missions (consulates) of the Republic of Lithuania and aboard ships voters must be provided free access to the text of ballot papers not less than 10 days prior to the referendum day.

3. The Central Electoral Committee shall be responsible for the publishing of ballot papers and envelopes for voting by post, as well as for the keeping of records and delivery thereof without violating the fixed dates.

Article 48. Preparation of Polling Stations

1. A polling station of the polling district must be completely prepared for the referendum not later than 12 hours before the beginning of voting. The referendum committee must also have counted all ballot papers received from the city, regional referendum committee and drawn up their acceptance report by this time. In the polling station of referendum polling district there must be a ballot box, secret voting booth (booths) in which a voter could fill out referendum ballot papers in private. Referendum agitation material or voter information material, issued by the Central Electoral Committee, may be displayed in the polling station. The text of this Law must be accessible in each referendum-polling district. The campaigning material, except for the material issued by the Central Electoral Committee, must be removed from the polling station, passageways leading to or out of it (corridors) and from the territory within 50 metres of the building in which the polling station is situated. Working places for the referendum committee members and places for referendum observers must be also organised. Upon completion of preparations the polling station shall be closed, sealed, left under the police protection and the chairman of the referendum committee of the polling district shall inform the city, regional  referendum committee thereof.

2. Other requirements for the preparation of polling stations shall be laid down by the Central Electoral Committee.

3. The chairman of the referendum committee of the polling district shall be responsible for fitting out the polling station by the due date and in an appropriate manner. If the municipality administration fails to allocate premises suitable for establishing a poling station or fails to ensure the provision of equipment necessary for voting, the chairman of the referendum committee of the polling district must forthwith notify the city, regional referendum committee thereof and take adequate measures to find premises suitable for fitting out a polling station and to acquire the necessary equipment as prescribed in Article 77 of this Law.

Article 49. Referendum Observers

1. Groups, parties shall have the right to appoint referendum observers. A referendum observer shall be a person having a certificate in the form established by the Central Electoral Committee. He shall have the right to observe the referendum conducted in the territory of the city, region or polling district, which is indicated in his certificate. The observer’s certificate shall be issued by:

1) the Central Electoral Committee - to observe the referendum in the entire territory of the Republic of Lithuania and the country’s diplomatic missions (consulates) or only in specific city and regional constituencies, upon the proposal of the Minister of Foreign Affairs, adviser to the President of the Republic or upon the request of the persons representing foreign states or international institutions, as well as at his own discretion;

2) a city, regional  referendum committee - to observe the referendum in one or several referendum polling districts of this city, region, for voters  who are above 18 years of age, upon the proposal of a group or  at the request of the local branch of the party; which must indicate the name and first name of the person, his personal code, name of the referendum polling district (districts).

2. The observer’s certificate shall be issued by the chairman of the referendum committee or by any other member of the committee on the instruction of the committee chairman. It shall not be allowed to refuse to issue an observer’s certificate or delay its issuance, if the person to whom it should be issued meets the requirements of this Law. All refusals to issue an observer’s certificate must be reported at the next committee sitting and an appropriate representative for the referendum must be notified thereof.

3. A referendum observer shall have the right to insist that the chairman and members of a referendum committee, as well as persons who are in the polling station should adhere to this and other laws of the Republic of Lithuania. Referendum committees must make arrangements to ensure that a referendum observer be provided with proper conditions in the polling station of a referendum polling district to monitor the observance of this Law. If an observer violates this or other laws himself, his observer’s certificate may be revoked on the decision of the chairman of the city, regional  referendum committee. The members of the referendum committee, the Central Electoral Committee and an appropriate representative for the referendum shall be immediately notified of the decision.

CHAPTER V

VOTING

Article 50. Time and Location of Voting

1. Voting on referendum day shall take place from 7 to 20 hours at a polling station designated by the referendum committee. A different time may be set for voting in a Seimas resolution on calling a referendum. In a separate resolution the Seimas may establish that the referendum shall take place on more than one day.

2. The voter shall vote only at that polling station, on the voter lists whereof he is registered, unless established otherwise by this Law.

3. A vote received from a voter by post shall be valid only in the referendum-polling district in which the voter is registered.

Article 51. Commencement of Voting

1. On the day of the referendum, the polling station shall be opened only when at least 3/5 of the members of the referendum committee of the polling district is present. Then the chairman of the referendum committee, together with the members of the referendum committee, shall make sure that the ballot box is empty and shall seal it. After the referendum committee of the polling district checks that the polling station has been furnished according to the established requirements, the chairman of the referendum committee of the polling district shall register the total amount of the ballot papers received by the referendum committee of the polling district in the vote counting record, affix the seal on ballot papers, distribute ballot papers and the voter list among the members of the referendum committee, register the number of ballot papers issued to each member of the referendum committee in the vote counting record of the referendum polling district, and open the polling station to the voters, thereby proclaiming the commencement of the referendum.

2. In the event that, the referendum shall take place on more than one day, the ballot box slot shall be sealed and stamped at the end of each referendum day, excepting the final day and also, the unused and spoiled referendum ballots shall be collected and stamped in accordance with the procedure established by the Central Electoral Committee and the voting station shall be turned over to police protection. The station may also be guarded by the members of the referendum committee and observers, who wish to do so. The stations shall be opened on the second and subsequent days, when at least 3/5 of the members of the referendum polling district have assembled there and the chairman of the referendum committee along with the members of the committee has checked the district referendum ballot box: to see whether the seals have not been tampered with and if there are no other signs, attesting to the possibility of its having been opened or that it had been possible to remove the referendum ballots from it by other means, and other seals shall also be checked.

Article 52. Voter Identification

1. At the entrance to the polling station, a voter shall present his voter certificate, passport or other document certifying his identity and citizenship to a referendum committee member of the polling district. Upon having established that the voter has arrived at the referendum polling district in whose list of voters his name has been included, the committee member shall hand the voter an arrival card stamped with the seal of the referendum polling district and indicating the number of the arrivaland directing which committee member to apply to for a referendum ballot. It shall not be permitted to hand several arrival cards to one voter or to hand to a voter another voter’s arrival card. If upon arriving at the polling station, the person does not have the required documents or it is not clear whether he has been registered in the list of voters of this referendum polling district, the committee member shall not hand the arrival card to this person, instead, the person shall be handed a guest’s card and shall be referred to the committee chairman or deputy chairman to clarify his voting status.

2. The committee member who is tasked with handing out referendum ballot papers, having established on the basis of the produced documents that the person who arrived to vote is indeed the voter who has been registered in the voter list, or if two voters of the Republic of Lithuania registered in the voter list of that referendum polling district testify to this fact in writing to the referendum committee chairman, shall find the name of the voter on the list of voters, and shall take the voter certificate and the arrival card from the person. After the voter and the committee member who hands referendum ballot papers sign in the voter list of the referendum-polling district, the voter shall be handed referendum ballot papers. The voter certificate and arrival card shall not be returned to the voter. In voting by post, an entry shall be made on the voter certificate concerning the issue of a ballot paper, and the voter certificate shall be returned to the voter.

3. It shall be prohibited to hand the voter the referendum ballot paper (ballot papers) of another person. The committee member who violates this provision shall be liable under the laws of the Republic of Lithuania.

Article 53. Voting Procedure

1. Having been handed referendum ballot paper, the voter shall go into the polling booth and mark the ballot paper. It shall be prohibited to mark ballot papers outside the polling booth. The voter can only go into the polling booth alone, with the exception of a case stipulated in paragraph six of this Article.

2. On a referendum ballot paper the voter shall mark one of the answers printed on the ballot, according to the indicated example of how to mark it.

3. If two or more referendums are being held at the same time, the voter shall obtain and mark separate ballot papers for each.

4. The voter shall personally cast his marked referendum ballot paper into the ballot box.

5. Upon the request of the voter, a spoiled ballot paper shall be exchanged for a new one. A spoiled ballot paper shall be crossed and signed with a pen (with ballpoint pen) by a member of the referendum committee who shall then hand a new ballot paper. Spoiled ballot papers shall be kept separately.

6. The voter who, because of his physical disability, is unable to mark his referendum ballot papers and cast them into the ballot box himself, may designate another person to mark his referendum ballot paper in the polling booth or place it in the ballot box.. It shall be prohibited for the chairman or members of the referendum committee to perform these actions on behalf of a voter.

Article 54. Voting by Post

1. Voters who due to the condition of their health or for other reasons are not able to come to the polling station on the referendum day shall be provided with an opportunity to participate in the referendum by voting by post. Voting by post shall be possible at post offices during their business hours beginning from 11 days before the referendum and ending 1 day prior to this voting, provided the voter is put on the voter lists of the city, region, and if the voter is not put on the voter lists of the city, region in whose post office he is voting, ending 2 days prior to the referendum.

2. The head of the post office shall be responsible for the organisation of voting by post. He shall be responsible for keeping of records, issue and collection of referendum ballot papers and voucher envelopes during voting by post. The chairman of the referendum committee of the polling district within the territory, of which a post office is situated, shall be responsible for the organisation of the supervision of the work of the post office during voting by post. When necessary, he must, in conjunction with the chairmen of other referendum polling district committees, whom the city, regional referendum committee has assigned with such task, arrange for the organisation of members’ of referendum polling district committees’ watching-over in post offices.

3. The head of the post office, with the consent of the city, regional referendum committee, shall appoint postal workers for the issue and collection of referendum ballot papers and voucher envelopes during voting by post. They shall be entrusted with the issue of referendum ballot papers and voucher envelopes. If the city, regional referendum committee requests so, the head of the post office must remove a postal worker from work with referendum documents. The city, regional referendum committee shall issue for postal workers who are authorised to issue referendum papers, certificates of the established form.

4. A referendum committee member, referendum observer, having produced his certificate for the postal worker, voter, having produced the voter certificate and the document proving his identity, shall have the right to write his remark in this certificate, and the head of the post office shall immediately notify the city, regional referendum committee about this remark. The postal worker who does not have this certificate shall not have the right to issue referendum papers.

5. Post offices must provide a room (place) where the voter can, without interference and in secrecy, mark the referendum ballot papers and put them into a voucher envelope. Voting may be observed by the observers of parties and political organisations, who have certificates permitting to observe voting in any referendum-polling district.

6. The postal worker shall issue referendum documents to a voter in accordance with the procedure established by the Central Electoral Committee. Together with referendum ballot papers, voters shall be given envelopes for voting by post. An outer envelope for voting by post shall be addressed by the postal worker to the referendum polling district committee, which is indicated in the voter certificate of the voter.

7. Voting in secrecy, the voter shall:

1) mark the referendum ballot papers;

2) put the marked referendum ballot papers into the voucher envelope;

3) seal the voucher envelope;

4) put the voucher envelope into the outer envelope together with the voter certificate;

5) seal the outer envelope.

8. The outer envelopes, voucher envelopes, referendum  ballot papers shall be delivered at least 2 days prior to the referendum by a postman to the homes of voters who due to their health condition are not able to come to vote at a post office or a polling station on a referendum day. A concrete schedule of postmen’s arrival to the homes of voters must be approved by the head of a post office (postal section) not later than 12:00 noon, its copy shall be put on an announcement board and may be implemented only on the day following the approval. Not less than 2 committee members may arrive at the voter’s home together with the postman as well as referendum observers.

9. The list of such voters shall be compiled 10 days prior to the referendum by  the referendum polling district committees in accordance with requests to ensure the possibility of  voting at home, which are of the form established by the Central Electoral Committee and filled in by the citizens. Referendum polling district committees, with the consent of the chairman of a city, regional  referendum committee or a member of the city, regional referendum committee authorised by the chairman, may supplement the list, if they receive the requests of these voters not later than 3 days prior to the referendum. The heads of town, region care and guardianship or health surveillance and treatment institutions must also approve citizens’ requests. These requests shall be appended to the list of voters, compiled by a referendum polling district committee, who due to their health condition are not able to come to vote at a post office or a polling station on a referendum day.

10. Postal workers, referendum committee members or other persons may not bring envelopes for voting by post and referendum ballot papers to the homes of voters, not included on the list of voters, who due to their health condition are not able to come to vote at a post office or a referendum polling station on a referendum vote day.  The following persons may be included in the list of voters who due to their health condition are not able to come to vote at a post office or a referendum polling station on a referendum vote day: group I invalids, group II invalids, with motor disabilities and temporary working incapacity, and also, persons who have reached the age of 70, if they have submitted requests, provided for in this Paragraph, to ensure the possibility to vote at home. Officers who furnish false information to the referendum committee, regarding the voters who due to their health condition are not able to come to vote at a post office or a referendum polling station on a  referendum vote day, shall be held liable in accordance with the procedure established by law.

11. The sealed outer envelope (with the voter certificate, voucher envelope and ballot papers in it) the voter may:

1) hand to a postal worker;

2) hand to the postman who has delivered the referendum documents to him; or

3) put into a post-box.

12. When a voter votes at home, it shall be prohibited to exert influence on his determination and to urge him to vote. The voter who has no physical disability preventing him from marking referendum ballot papers, shall himself put the secretly marked ballot papers into the voucher envelope, seal it, put the voucher envelope into the outer envelope together with the voter certificate and seal the outer envelope. Upon request of the voter who because of his physical disability is not able to do this himself, the person chosen by him (except the postman, referendum committee member or observer) shall assist him in doing so. The said person must keep the voting secret. The voter may hand the sealed outer envelope to the postman or to send it on the same day or another day.

13. It shall be prohibited to accept from the voter an outer envelope, which is not sealed.

14. The expenses related to voting by post shall be compensated from the State Budget.

Article 55. Voting in Diplomatic Missions (Consulates) of Republic of Lithuania

1. Voting in diplomatic missions (consulates) of the Republic of Lithuania may take place during its business hours, but for at least 4 hours a day. If the voter requests so, the diplomatic mission (consulate) may send and accept referendum documents from him by post.

2. On the recommendation of the Ministry of Foreign Affairs, the Central Electoral Committee shall compile the list of the Republic of Lithuania diplomatic missions (consulates) in which voting shall be taking place and shall establish voting days (no less than 10) for each Republic of Lithuania diplomatic mission (consulate).

3. The head of the Republic of Lithuania diplomatic mission (consulate) shall be responsible for the organisation of voting.

Article 56. Voting on a Ship

1. Voting shall take place aboard a ship if the ship leaves a port of the Republic of Lithuania at least 5 days prior to a referendum and does not return until the day of the referendum, or if other circumstances are such that a crew member or a board passenger who is a qualified voter is unable to vote in his referendum polling district, by post or in a diplomatic mission.

2. The list of ships, on which there are no less than 10 crew members - voters, with which the radio communication shall be maintained during the voting and on which voting shall take place, as well as the time of voting on each ship shall be compiled by the Central Electoral Committee on the recommendation of the Ministry of Communications in such a manner that each voter who is aboard a ship is given the opportunity to vote. The captain of the ship, who is a citizen, shall be responsible for the organisation of voting aboard a ship.

3. Voting shall not be organised on ships in which there are no conditions for organising the voting in accordance with the requirements of this Law.

Article 57. The Procedure for Voting in Diplomatic Missions (Consulates) and on Ships of the Republic of Lithuania

1. Polling committees shall be formed to organise voting and count cast votes in diplomatic missions (consulates) and on ships of the Republic of Lithuania.

2. Polling committees shall consist of a chairman and at least two members. Polling committees shall be formed by the head of a diplomatic mission or consulate of the Republic of Lithuania from among the employees of the diplomatic (consulate) of the Republic of Lithuania, or from other citizens of the Republic of Lithuania residing in a foreign state. The Central Electoral Committee shall prescribe a manner of taking and signing by polling committee members written oaths.

3. Polling committees on ships shall be formed by the ship captain, taking into consideration the decision adopted at the meeting of the ship’s crew who are citizens of the Republic of Lithuania.

4. The Central Electoral Committee shall prescribe a manner of voting, vote counting and submission of records to the Central Electoral Committee as well as a manner of issuance of certificates to referendum observers.

Article 58. Voting in Medical Treatment Facilities and Institutions of Social Guardianship and Care

1. Special post offices designated for voting shall be established in medical treatment facilities and institutions of social guardianship and care. At least 15 days before the referendum the city, regional committee shall: on the recommendation of the chiefs of medical treatment facilities, institutions of social guardianship and care compile the list of special post offices; on the recommendation of the head of the post office establish the working hours of these post offices. The chief of the institution or facilities shall allot the place appropriate for voting and shall be responsible that the voters are notified about the working place and time of a special post office, and that the conditions should be created for voters to reach it.

2. Patients of such facilities and institutions who are able to move shall vote themselves in the polling place in accordance with the procedure set forth in Article 54 of this Law.

3. Patients or inmates (voters) of medical treatment facilities and institutions of social care who are unable to come to a polling place due to their health condition shall be visited by at least 2 committee members, observers (should they participate) and officers of special post offices.

4. The voting person must, in conditions of secrecy, personally mark the ballot paper and put it into the voucher envelope. If necessary, he may be assisted by an individual (except for an employee of that institution or facilities, a postman, a member of the referendum committee, or a referendum observer) whom he trusts.

5. According to the instruction of the chief of the medical treatment facilities or the institution of social guardianship or care, it may be prohibited to disturb patients who are in a critical health condition, for the purpose of voting. Such instruction shall be obligatory to postmen.

6. It shall also be prohibited to disturb an individual for the purpose of voting, if the committee of doctors has concluded pursuant to the established procedure of the Ministry of Health Care that he is incapable of understanding the essence of his actions at the time of voting because of chronic mental disease, feeble-mindedness, or temporary mental disorder.

Article 59. Voting in Military Units

1. Special post offices designated for voting shall be established in military units of the national defence system and internal service, as established in Article 54.

2. If possible, chief officers of military units shall provide conditions for servicemen to vote in the referendum polling stations of their permanent place of residence.

Article 60. Voting in Places of Confinement

1. Special post offices designated for voting shall be established in places of confinement, as established in Article 54.

2. In accordance with the procedure set forth in the laws, heads of places of confinement may allow sentenced persons to vote in referendum polling stations of their permanent place of residence.

Article 61. Counting of Voucher Envelopes and Ballot Papers in Post Offices

1. The post office head shall deliver unused envelopes and ballot papers to the city, regional referendum committee one day prior to the referendum vote.

2. The records of voucher envelopes and referendum ballot papers shall be kept by the head of the post office, indicating the data of said records in a journal specially designated for this purpose in accordance with the procedure established by the Central Electoral Committee.

3. The post office shall deliver envelopes containing ballot papers marked by voters to polling district referendum committees on the day of the referendum, but not later than 2 hours before the closing of the polls.

4. The Central Electoral Committee shall keep records of voucher envelopes and ballot papers, in the Republic of Lithuania.

Article 62. Keeping of Records of Referendum Ballot Papers in Referendum Polling Districts

1. Upon closing the polling station, the chairman of the referendum polling district referendum committee, in the presence of at least 3/5 of the members of the referendum committee, shall seal and stamp the ballot box slot.

2. Unused ballot papers shall be individually collected from each member of the polling district referendum committee, shall be counted publicly, the number of them shall be entered into the vote counting record. According to the signatures in the voter list, voter certificates, arrival cards, ballot papers, which have been spoiled by voters and returned to be exchanged for blank ballot papers shall be inspected in order to determine whether a committee member has handed all ballot papers out justly.

3. The referendum committee shall: count the unused and spoiled ballot papers publicly; annul them by cutting off the upper right corner; put them into the envelopes specially designated for this purpose and seal these envelopes. The number of unused or spoiled ballot papers shall be entered in the vote counting record.

Article 63. Counting of Votes of the Voters who have Voted in the Referendum Polling District

1. The polling district referendum committee, in the presence of at least 3/5 of its members, shall inspect the referendum ballot box of the polling district whether the seals have not been broken and whether there is no other evidence which indicates that it could have been opened or that ballot papers could have been removed in any other way. The committee, in the presence of at least 3/5 of its members, shall decide if the ballot box has been tampered with. If the committee decides that the ballot box was tampered with, an act shall be drawn up about this and the votes shall not be counted.

2. Having ascertained that the ballot box has not been tampered with, in the presence of at least 3/5 of the members of the polling district committee as well as referendum observers, it shall be opened, all ballot papers shall be placed on tables on which there are no other documents and writing materials and the committee shall start counting votes.

3. Votes shall be counted in such a way that this procedure, marks of voters in the referendum ballot papers may be observed by all the persons present during the counting of votes. The Central Electoral Committee shall establish the concrete procedure for the counting of votes.

4. The number of voters residing in the referendum polling district and having the right to vote shall be determined according to the referendum polling district voter lists. The number of voters to whom ballots have been issued shall be determined according to voter signatures, certifying receipt of a ballot. The number of the voters who voted in the referendum polling district shall be determined according to the number of ballots found in the referendum polling district ballot box. The number of voters who have participated in the referendum shall be determined in accordance with the ballots found in the referendum polling district ballot box and the number of ballots received by post.

5. Having discovered more ballots in the ballot box than the number, which had been issued to voters, the committee shall employ measures to determine the reasons thereof.

6. The results of the ballot count shall be included in the ballot counting record.

Article 64. Keeping of the Records of Voters who have Voted by Post and the Counting of their Votes

1. After the counting of referendum ballot papers found in the ballot box, ballot papers received by post shall be calculated in the following procedure:

1) the chairman of the referendum polling district committee shall present, unopened, all outer envelopes received by post. Their number shall be entered in the vote counting record;

2) outer envelopes shall be opened one at a time;

3) a voter certificate shall be taken out of the outer envelope, the voter’s surname shall be read aloud, it shall be checked against the voter list of the referendum polling district, and the voucher envelope shall be stamped with the seal of the referendum polling district. If the person on the voter certificate is not on the voter list, or if the voter has already signed the voter list indicating that he has already voted in the polling district or if another envelope for voting by post has been received from the same voter; or if there is no voter certificate in the outer envelope; or if there is more than one voucher envelope in the outer envelope - the seal shall not be affixed and the ballot paper in the envelope shall be considered invalid. This fact must be noted on the voucher envelope.

4) in the voter list of the referendum polling district, a special note  shall be written by the surname of the voter whose vote has been received by post;

5) the sealed voucher envelope shall be cast into the ballot box prepared  according to the established requirements; and

6) when all envelopes received by post have been inspected, the ballot box shall be opened and the sealed voucher envelopes shall be opened and counted according to the requirements of Article 63 of this Law. If there is more than one referendum ballot paper in the voucher envelope, all ballot papers in the envelope shall be considered invalid.

2. If only one sealed voucher envelope is in the referendum polling district committee), it, in order to protect the secrecy of voting, shall not be opened, and shall be handed over to the referendum committee, which has formed this committee. It shall enter the results of the voting in its vote counting record.

Article 65. Vote Counting Records of the Polling District

1. A vote counting record shall be drawn up in every referendum  polling district. It shall include the following:

1) the number of citizens having the right to vote  in the referendum polling district;

2) the number of ballot papers received from the city, regional  referendum committee;

3) the number of referendum ballot papers delivered to each member of the committee, the number of ballot papers delivered to voters, the number of voters' signatures, the number of voter certificates, the number of voter certificates, and the number of unused ballot papers;

4) the number of unused referendum  ballot papers;

5) the number of voters who have voted in the polling station of the referendum polling district;

6) the time of the opening of the ballot box;

7) the number of invalid referendum ballot papers found in the ballot box;

8) the number of valid referendum ballot papers found in the ballot box;

9) the number of replies, “YES” and “NO” or “FOR” and “AGAINST” for the decision  set forth for referendum vote found in the ballot box;

10) the number of ballots  received by post and the number of sealed voucher envelopes;

11) the number of invalid ballot papers received by post;

12) the number of valid ballot papers received by post;

13) the number of replies, “YES” and “NO” or “FOR” and “AGAINST” for the decision  set forth for referendum;

14) the total number of voters who participated in the referendum in the referendum polling district;

15) the total number of invalid ballot papers in the referendum polling district; and

16) the total number of replies, “YES” and “NO” or “FOR” and “AGAINST” for  each decision  set forth for referendum;

2. If the ballot box contained more ballot papers, than the number which had been delivered to voters, a note concerning this shall be entered in the accounting records indicating the number of how many extra ballot papers have been found.

3. the  ballot counting records of the referendum polling district shall be signed by the chairman and members of the polling district referendum committee. After that the observers shall sign the records. Their remarks, the separate opinions of the members of the committee shall be appended to the records and shall be an inseparable part thereof.

4. Group members, parties, and also, their representatives and observers shall have the right to appeal the vote counting record of the referendum-polling district to the regional referendum committee within 24 hours of its compilation. This appeal must be examined within 24 hours of its receipt.

Article 66. Invalid Referendum Ballot Papers

1. Invalid ballot papers shall be:

1) non-standard ballot papers;

2) ballot papers sealed with the seal of the referendum committee of the wrong polling district and unsealed ones;

3) those, on which the voter has marked both replies, namely, “YES” and  “NO” or “FOR” and “AGAINST;”

4) those, where the voter failed to mark either “YES” and  “NO” or “FOR” and “AGAINST.”

2. The district referendum committee shall adopt the decision regarding certification of a referendum ballot paper as invalid.

Article 67. The Presentation of Documents of the Polling District to the City, Regional Referendum Committee

1. The polling district referendum committee shall put all referendum ballot papers, as well as invalid and unused ballot papers, vote counting records, polling district referendum lists and other election documents into packages, and affix the seal to them in the manner prescribed by the Central Electoral Committee. The packages shall be delivered to the city, region referendum within 6 hours of the closing of polls.

2. The Central Electoral Committee and the Ministry of the Interior must ensure the safety of transportation of the referendum documents and the persons transporting them.

Article 68. The Counting of Votes in the City, Regional Referendum Committee

1. The city, regional referendum committee shall begin counting ballot papers, after receipt of the entire vote counting records and other referendum documents delivered from all polling district referendum committees and shall check all the appeals regarding the vote counting records of referendum polling districts.

Article 69. City, Regional Vote Counting Documents

1. In accordance with vote counting records, ballot papers and other documents referendum polling districts, the city, regional referendum committee shall establish:

1) the number of voters who have participated in the referendum in the city, region  which shall be equal to the number of the voters who have voted in the city, regional referendum polling districts;

2) the number of invalid ballot papers in the city, region, which shall be equal to the number of invalid ballot papers in the city, regional referendum districts;

3) the number of ballot papers valid in the city, region, which shall be equal to the number of ballots valid in city, regional referendum polling districts;

4) the number of replies “YES” and  “NO” or “FOR” and “AGAINST.” It shall be obtained by adding the one type of replies and the other type of replies separately in the referendum polling districts.

2. These data shall be entered in the city, regional-voting records. They shall be signed by the chairmen of city, regional referendum committees and members.

3. The group members, parties and also the representatives and observers shall have the right to appeal the voter counting records to the Central Electoral Committee within 24 hours from the drawing up thereof. The Central Electoral Committee must examine this appeal within 24 hours of the receipt thereof.

Article 70. The Presentation of Vote Counting Documents of City, Regional Constituencies to the Central Electoral Committee

All of the documents received from the city, regional referendum committees, referendum polling districts, vote counting records of referendum polling districts, city, regional vote counting record and other referendum documents, shall be placed in special packages, sealed and delivered to the Central Electoral Committee no later than within 48 hours after the end of the referendum.

CHAPTER VI

ESTABLISHMENT AND ANNOUNCEMENT OF REFERENDUM RESULTS

Article 71. The Procedure of Establishment of Referendum Results.

1. The Central Electoral Committee may only begin establishing the results of the referendum after having received the vote counting records of all city and regional referendum committees and also, other documents indicated in Article 70 of this Law, and shall investigate all the complaints regarding the vote counting records of the city and regional referendum committees.

2. According to the vote counting records of the city, regional referendum committees and according to the vote counting records at the Republic of Lithuania diplomatic missions (consulates), the Central Electoral Committee shall determine:

1) the number of voters having the right to take part in the referendum;

2) the number of voters who took part in the referendum;

3) the number of referendum ballot papers which are invalid:

4) the number of valid referendum ballot papers;

5) the number of “YES” and “NO” or “FOR” and “AGAINST” replies.

3. In examining the appeals submitted in accordance with the procedure set forth in this Law, the Central Electoral Committee may recount the referendum ballot papers, and having determined counting errors, may correct the entries in the counting records. The Central Electoral Committee may not acknowledge as invalid the vote counting records of city, regional and polling district referendum committees on the basis of the errors encountered in vote counting records.

4. The Central Electoral Committee, having determined that gross violations of this Law, committed in the course of voting, or the falsification of documents, have had a decisive impact on the results of the referendum, it may acknowledge the referendum results as invalid.

Article 72. Participation of Referendum Observers in the Counting of Votes and Establishment of Referendum Results

1. Groups, party appointed referendum observers and also representatives of the mass media may participate in counting votes in the referendum polling districts and city, regional referendum committees and also, in establishing the referendum results at the Central Electoral Committee.

2. The referendum observers shall have the right to voice their remarks and claims to the referendum committees concerning the violations of this and other laws of the Republic of Lithuania, but they must not hinder the work of the referendum committees. The observers shall also have the right to make a written protest. The protest must be appended to the vote counting records and decisions of the referendum-polling district and delivered to the city, regional referendum committee and the Central Electoral Committee along with the other referendum documents of the polling district.

Article 73. Publication of the Preliminary Referendum Results

1. Final referendum results may be officially published in the  “State Gazette,” by the Central Electoral Committee, no later than within 4 days of the referendum vote.

2. The Central Electoral Committee shall present to the President of the Republic the text of the resolution adopted by referendum no later than the next day following the official publication of the final referendum results.

Article 74. Complaints against the Decision of Central Electoral Committee on Final Results

1. A group, party and representatives thereof at the Central Electoral Committee shall have the right to appeal the decision of the Central Electoral Committee on the final results to the Supreme Administrative Court of Lithuania no later than within two days of official publication of these results.

2. The appeal must be examined at least within 48 hours from its presentation. The decision of the court shall come into force from its announcement.

Article 75. Keeping of Referendum Documents

1. At the close of the referendum, the Central Electoral Committee no later than within four months after the expiration of the time limit set in this Law for examining the appeals concerning its decisions, shall transfer to the State Archives for permanent keeping the records of referendum polling districts, city and regional referendum committees and the Central Electoral Committee. 

2. The Central Electoral Committee shall keep the lists of the voters who took part in the referendum, for five years.

CHAPTER VII

FINAL PROVISIONS

Article 76. Liability for Violation of Referendum Law.

1. Persons, who have violated this Law shall be liable according to the procedure established by the laws.

Article 77. Expenses of Holding and Implementing of Referendum

1. The expenses; involved in the preparation and implementation of a referendum shall be compensated from the State and municipal budgets.

2. The expenses incurred by the Central Electoral Committee and the referendum committees in organising and implementing and compensating the committee members and the personnel serving them, for their work.

3. The maintenance of the electoral headquarters of the city, regional and polling district referendum committees, the acquired inventory of setting up voting booths and keeping thereof, shall be paid from the municipal budgets. If the municipal administration does not provide suitable quarters and inventory for city, regional or polling district referendum committee headquarters or voting booths, State funds shall be used for this per decision of the Central Electoral Committee.  In this instance, within 2 months following the referendum, the Central Electoral Committee shall recover the funds withoutfiling claim from the municipal administration for actual expenses related to voting quarters and inventory. 

Article 78. Entry into Force of Law of Republic of Lithuania, Other Legislative Enactment or Resolution Passed by Referendum

1. The day of voting by referendum shall be deemed as the day of the passage by referendum of a law, other legislative enactment or resolution. In the event, the referendum shall be held on more than one day, the last day of voting by referendum shall be deemed as the day of passage by referendum of a law, other legislative enactment or resolution.

2. The President of the Republic must sign and officially proclaim a law, other legal enactment or resolution passed by referendum no later that within 5 days from the official publication of the final results of the referendum.

3. Should the President of the Republic fail to sign and proclaim such a law, other legal enactment or resolution within the stipulated time, it will enter into force following its signing and official proclamation by the Chairman of the Seimas.

4. A Law passed by referendum on an amendment to the Constitution shall enter into force no earlier than after one month from the day it was passed by referendum.

5. A law which has been passed by referendum, with the exception of amendments to the Constitution, another legal enactment, or resolution, shall enter into force on the day of their official publication in the “State Gazette,” provided a later entry into force date is not stipulated in them.

Article 78 (1) Calculation of Time Limits

1. In the event, the referendum shall be held on more than one day, the time limits set forth in this Law, for  up to the day of the referendum vote, shall be calculated until the first day of the referendum vote.

2. In the event, the referendum shall be held on more than one day, the time limits set forth in this Law for after the referendum vote day shall be calculated after the final day of the referendum vote.                                                         

Article 79. Entry into Force of the Law

This Law shall enter into force from January 1, 2003.

Article 80. Acknowledgment of the Laws as Being No Longer in Force

Upon entry into force of this Law, the Law of the Republic of Lithuania On the Referendum, shall no longer be in force (Gaz., 1989, No. 33-445; 1990, NO. 4-86; No. 31-775; 1992, No. 18-515; 1994, No. 47-870, No. 59-1161; No. 89-1716; 1995, No. 7-144; 1996, No. 86-2044; 1977, No. 117-3011; 1999, No. 19-512; 2000.No. 85-2577.

I promulgate this Law passed by the Seimas.

PRESIDENT OF THE REPUBLIC

VALDAS ADAMKUS