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LAW

ON ELECTIONS TO THE EUROPEAN PARLIAMENT

20 November 2003, No. IX-1837

Vilnius

CHAPTER I

 GENERAL PROVISIONS

Article 1. Purpose of the Law

1. This Law establishes the procedure for organising and holding elections when electing members of the European Parliament to the seats in the European Parliament allocated for the Republic of Lithuania. The Constitution of the Republic of Lithuania, the legal acts of the European Union, international treaties, this Law and other laws, the resolutions of the Seimas of the Republic of Lithuania concerning the setting of the date of elections, the decisions of the Central Electoral Committee constitute the legal basis for elections to the European Parliament.

2. The purpose of this Law is to ensure the application of the legal acts of the European Union, specified in the Annex to this Law.

3. The number of the members of the European Parliament, elected in the Republic of Lithuania, is determined in the Act concerning the Conditions of Accession of the Republic of Lithuania of the Treaty concerning the Accession of the Republic of Lithuania to the European Union. In the year 2004 13 members of the European Parliament shall be elected in elections to the European Parliament, held in the Republic of Lithuania. Members of the European Parliament shall be elected for a term of five years in one multi-member  constituency, comprising the whole territory of the State, on  the basis of proportional representation, by preferential voting.

Article 2. Main Definitions of this Law

1. “Elections to the European Parliament (or elections)” means elections of members of the European Parliament to the seats allocated for the Republic of Lithuania, in which members of the European Parliament are elected in general, equal, free, direct elections by secret ballot.

2. “Citizen of the Member State of the European Union” means a citizen of any Member State of the European Union.

3. “Citizen of any other Member State of the European Union” means a citizen of any other Member State of the European Union, except the Republic of Lithuania.

4. “Preferential voting” means voting when voters may also express their will concerning the order of preference of the candidates from the list of candidates, while voting for such list.

5. “Home Member State” means the Member State of the European Union, of which a citizen of the Member State of the European Union is a national.

6. “Member State of residence” means a Member State of the European Union in which a citizen of the Member State of the European Union lawfully resides but of which he is not a national.  

7. “Electoral roll” means the official register of all voters entitled to vote, drawn up and kept up to date under this Law, and in conformity with which electoral rolls of polling districts are printed.

8. “Reference day” means the day on which persons who satisfy the requirements for voting in elections to the European Parliament are entered on a preliminary electoral roll and may stand as candidates in elections to the European Parliament (hereinafter referred to as “candidates”).

9. “Measures to prevent double-voting (double-candidacy)” means a set of measures ensuring that at the same elections to the European Parliament a vote may vote or stand as a candidate only in one Member State of the European Union.

Article 3. Universal Suffrage

1. Citizens of the Republic of Lithuania as well as citizens of other Member States of the European Union, permanently residing in Lithuania, who, on the day of elections, are 18 years of age shall have the right to vote in elections to the European Parliament. Citizens who have been declared legally incompetent by the court shall not participate in elections.

2.  It shall be possible to vote or to stand as a candidate in elections only in one Member State of the European Union.

3. Persons who may vote or stand as candidates in the Republic of Lithuania and any other Member State of the European Union, must chose and vote or stand as a candidate only in one State. Citizens of the Member States of the European Union may not vote or stand as candidates if they do not have the right to vote in the home Member State.

4. A citizen of the Republic of Lithuania or any other citizen of the Member State of the European Union, permanently residing in Lithuania, who is at least 21 years of age on the day of elections, and who does not stand as a candidate in elections to the European Parliament in any other Member State of the European Union, may be elected in the Republic of Lithuania as a member of the European Parliament. A citizen of the Republic of Lithuania or any other Member State of the European Union shall be considered to be permanently residing in the Republic of Lithuania when he has declared his place of residence and the data relating to his place of residence in the Republic of Lithuania has been entered on the population register of the Republic of Lithuania prior to the reference date. The reference date shall be the date on which 65 days are left before elections.

5. Persons who, by the reference date, have not yet served their sentence imposed by the court, as well as persons to whom the application of compulsory medical measures, imposed by the court, has not ended by the reference date, and persons who have been declared legally incompetent by the court may not be elected as members of the European Parliament.

6. Persons who on the day of elections are in the active or alternative military service, also officers, non-commissioned officers and re-enlistees of the national defence system, police and the internal affairs service who, by the reference date, have not retired from the service, as well as officers of other military-type and security services who are on the payroll, and may not be elected as members of the European Parliament.

7. Persons who, on request of electoral committees, refuse to declare whether they satisfy the requirements of this Article, may not vote or stand as candidates.

8. Other direct or indirect abridgements of suffrage of the citizens of the Republic of Lithuania or the European Union on the grounds of their origin, political convictions, social or property status, nationality, sex, education, language, religion, or the type or character of their occupation shall be prohibited.

9. A person who votes in the same elections in the Republic of Lithuania and any other Member State of the European Union, or who votes in more than one polling district, shall be held liable in accordance with the procedure established by the law.

Article 4. Equal Suffrage

Every voter shall have one vote to cast for a list of candidates or a candidate, and this vote shall have the same value as the vote of any other voter. All the voters shall have equal rights to express their opinion about the candidates by casting preference votes for the priority of five candidates from the list for which they have voted, and such preference votes shall have the same value as the preference vote of any other voter.

Article 5. Direct Elections

There shall be no voting by proxy in elections to the European Parliament.

Article 6. Secret Ballot

1. Voters shall vote in person and by secret ballot. It shall be prohibited for a person to vote instead of another person or to vote by proxy. A voter who, by reason of his physical disability, is unable to cast a ballot himself, may vote with the assistance of another person whom he trusts as laid down in Paragraph 5 of Article 64 of this Law. If the secret of another person’s voting has come to the knowledge of anyone, it shall be prohibited to disclose it.

2. It shall be prohibited to control the will of the voters during the elections. It shall be prohibited during the voting to influence the will of an elector to vote for or against any candidate or a list of candidates. A voter must have adequate conditions to mark his ballot in privacy and without interference. It shall be prohibited to handle the ballot in such a way that the secret of voting might be disclosed.

Article 7. Announcement of the Date of Elections

1. Elections to the European Parliament shall be held in the Republic of Lithuania on a Sunday which falls within the same period when elections to the European Parliament are held in all Member States of the European Union. The date of elections shall be announced by the Seimas of the Republic of Lithuania not later than 6 months prior to a Sunday falling within the specified period.

Article 8. Openness of Preparation and Holding of Elections

1. Public notice about a forthcoming meeting of the electoral committee shall be put on the notice board placed in the premises where the electoral committee has its office, and the members of this electoral committee shall be personally notified about the forthcoming meeting at least 24 hours before the start of the meeting.

2. Meetings and voting of electoral committees shall be open and may be observed by representatives and observers of political parties and political organisations (hereinafter referred to as “parties”) upon producing certificates of the established form, representatives of the mass media upon presenting their service cards.

3. Persons present in the conference hall of the electoral committee may, from their seats, record, write down in shorthand or take down everything that is said at the meeting, photograph, film or make video recordings. Taking photographs, filming, and video recording which requires walking about the hall or using special lighting equipment, as well as live radio or television broadcasting of meetings shall be subject to the permission of the electoral committee chairman.

4. Electoral committees may not hold closed meetings.

5. The Central Electoral Committee may prohibit anyone from entering the premises for the work of the service staff of the electoral committees, as well as the premises for storage of documents, if it is necessary to ensure undisturbed work of such employees, to protect the stored documents. 

6. If there are reasons to believe that during a meeting a threat to the security of an electoral committee or its participants may arise, the chairman of the committee may request the police to check the documents and belongings of the persons entering the conference hall or carry out their personal search. 

7. The electoral committee may remove from the conference hall persons who interfere with the work of the committee.

Article 9. Expenditure Related to the Preparation and Conduct of Elections

Expenditure related to the preparation and holding of elections shall be covered from the state and municipal budgets. The expenditure of electoral committees related to the organisation and conduct of elections and the work of the members of electoral committees and the service staff shall be covered from the state budget. Maintenance of polling stations and the office space of municipal electoral committees and polling district committees, expenditure of fitting-out of polling stations, purchasing and keeping of the equipment of polling stations shall be covered from municipal budgets. If the municipal administration fails to provide adequate premises and supplies for the office of the polling district and the polling station, by the decision of the Central Electoral Committee, state funds shall be used for the rent of adequate premises or fitting-out of the present premises. In such a case, the actual expenses for the polling station and its supplies shall be recovered by the Central Electoral Committee from the municipal administration.

CHAPTER II

Constituencies and Polling Districts

Article 10. Formation of the Constituency

For the organisation and conduct of elections, one multi-member constituency shall be established in the Republic of Lithuania, in which all the voters shall cast their votes and all the Lithuanian members of the European Parliament shall be elected.

Article 11. Formation of Polling Districts

1. With a view of making it more convenient for voters to reach a polling station and with account of the number of voters, the territories of municipalities shall be divided into polling districts.

2. The division of the territory of a municipality into polling districts is permanent when organising and holding elections and referenda; however, it may be changed, where necessary, by the Central Electoral Committee on the recommendation of the mayor. The Central Electoral Committee shall publish a list of approved polling districts, and changes made therein in the supplement Informaciniai pranešimai (Information notices) to Valstybės žinios (The Official Gazette).

3. No more than 5, 000 voters must reside within the territory of a polling district. 

4. The boundaries of a polling district and the address of a polling station shall be changed, where necessary, but no later than 100 days prior to elections. In his recommendation to approve the division of the territory of the municipality into polling districts, the mayor shall specify the proposed name of the polling district, the addresses belonging to the polling district, the number of voters in the polling district, the address and telephone number of the polling station. The recommendation on changes in the division of the municipality into polling districts shall specify the changes it is proposing. Such recommendation must be submitted to the Central Electoral committee at least 110 days prior to elections. In the event when it is impossible to have polling at the polling stations established earlier, the Central Electoral Committee, on the recommendation of the municipal electoral committee, may change the address of the polling station within a shorter time limit than the one specified in this Article.

CHAPTER III

 ORGANISATION of Elections

Article 12. Electoral Committees

1. Elections to the European Parliament shall be organised and conducted by:

1) the Central Electoral Committee;

2) municipal electoral committees; and

3) polling district electoral committees.

2. A citizen of the Republic of Lithuania or a citizen of any other Member State of the European Union, permanently residing in Lithuania, may be nominated to municipal electoral committee and a polling district electoral committee, provided he is eligible to stand in elections as a member of the European Parliament (without taking into consideration the minimum age limit set for a candidate, but who is not younger than 18 years of age on the polling day) and has not been dismissed, in the course of the last three elections to the Seimas, the office of the President of the Republic, the European Parliament, municipal councils or a referendum from the an electoral or referendum committee due to violations of the Law on Elections to the Seimas, the Law on Presidential Elections, the Law on Elections to the European Parliament, the Law on Elections to Municipal Councils or the Law on the Referendum.         

3. The same person cannot concurrently be: a member of the electoral committee and a candidate; a candidate and a representative for elections; a representative for elections and a member of the electoral committee; a candidate and an observer at the elections; a member of the electoral committee and an observer at the elections. If a member of the electoral committee seeks to stand as a candidate, at least 10 days in advance of giving his consent to stand as a candidate, he must hand in a written resignation from the post of a member of the electoral committee. If a member of the electoral committee fails to do so, he shall be dismissed from the electoral committee for the violation of this Law and shall be not registered as a candidate or his name shall be struck off the list of candidates.

Article 13. Powers of the Central Electoral Committee in Elections

1. When conducting elections, besides the functions laid down in paragraph 2 of Article 3 of the Law on the Central Electoral Committee, the Central Electoral Committee shall:

1) accept application documents as well as applications concerning the withdrawal of such documents, examine them, register the candidates for participation in elections, register representatives of the parties for elections and issue certificates to them, make public the parties and the lists of candidates who will participate in the elections, the numbers they have been assigned, and adopt decisions concerning the withdrawal of application documents of the candidates;

2) issue certificates of the European Parliament member to the members of the European Parliament, elected in the Republic of Lithuania, and proclaim the results of the elections to the European Parliament.

Article 14.  Formation of Municipal Electoral Committees

1. The Central Electoral Committee shall for the period of elections form municipal electoral committees no later than 74 days in advance of the elections.

2. Municipal electoral committees shall be composed of:

1) a person nominated by the Minister of Justice of the Republic of Lithuania, having a university law degree, who resides or works in the territory of that municipality; 

2) a person nominated by the Lithuanian Lawyers’ Association, having a university law degree, who resides or works in the territory of that municipality;

3) a career public servant employed in the administration of that municipality, nominated by the director of the administration of the said municipality;

4) persons nominated by the parties which during the last elections to the Seimas have received the mandates of the Seimas members in the multi-member constituency of the elections to the Seimas.

3. The Minister of Justice, the Lithuanian Lawyers' Society or the director of the municipal administration may nominate more candidates for members of the committee.

4. Parties which have received the mandates of the Seimas members in the last elections to the Seimas according to the list (joint list) of candidates shall each have the right to nominate two representatives to municipal electoral committees from one list of nominated candidates (joint list). If the representatives meet the requirements of this Law, the Central Electoral Committee may not turn down said candidacies. If candidates have not been nominated, the Central Electoral Committee may determine a smaller number of members of the municipal electoral committee or may, instead of them, additionally appoint as members of the committee the persons nominated by the Minister of Justice, the Lithuanian Lawyers' Society or the director of the municipal administration.

5. In all cases, no less than 3 committee members must be persons who have been appointed to municipal electoral committees from among the candidates nominated by the Minister of Justice, the Lithuanian Lawyers' Society or the director of the municipal administration. If the number of such persons is less, additional members to the committee shall be appointed from among the candidates nominated by the Minister of Justice, the Lithuanian Lawyers' Society or the director of the municipal council.

6. If elections to the European Parliament or elections to the Seimas, or elections of the President of the Republic, or elections to a municipal council, or a referendum are concurrently held on the same day, the same polling district committees or referendum committees shall be formed. The Central Electoral Committee shall decide which committee will be formed in a separate electoral, referendum territory (in a municipality or a electoral constituency), and shall form a single - municipal, constituency or referendum – committee, and shall define its functions in organising and conducting other elections or a referendum.

7. The Central Electoral Committee shall appoint the chairman of the municipal electoral committee.

8. During its first meeting, the municipal electoral committee shall elect the deputy chairman and the secretary of the committee.

Article 15.  Powers of the Municipal Electoral Committee

The municipal electoral committee shall:

1) inform, in the manner established by the Central Electoral Committee, the voters who reside in the territory of the municipality about the boundaries of  the polling  districts,  their offices, their working hours and polling stations;

2) supervise the implementation of this Law in the territory of the municipality;

3) form electoral committees of the polling districts;

4) distribute the funds allocated for the election among the electoral committees of the polling districts, control how these funds are used and report to the Central Electoral Committee about the funds used for the election;

5) register election observers and issue certificates to them;

6) make up a list of health care, social care and guardianship institutions, military units, corrective institutions, pre-trial detention institutions, situated in the territory of the municipality, in which special post offices will be open, and together with the heads of these institutions and the head of the post office make arrangements to organise voting by post in those institutions, and to create conditions for the voters who are in those institutions, to vote by post;

7) draw  up the vote counting  record of  the municipality, establish voting results and transfer them for approval to the Central Electoral Committee;

8) exercise other powers provided for in this Law.

Article 16.  Formation of the Committees of Polling Districts

1. No later than 65 days prior to the elections, the municipal electoral committee shall determine the number of the members of each electoral committee of the polling district that must be a multiple of the number of the parties which have the right to nominate candidates to electoral committees. At least 5 members must comprise a committee of a polling district. If the number of the candidates nominated by the parties is insufficient or if there is a vacancy in the committee and the party does not nominate a candidate, the director of the administration of the municipality in the territory whereof the polling district is formed may nominate the needed candidates, upon the request of the municipal electoral committee.

2. An equal number of candidates to the electoral committees of the polling districts may be nominated by:

1) each party or a coalition of the parties which, during the last elections to the Seimas, received mandates of the Seimas members in the multi-member constituency. If a party received mandates of the Seimas members while in a coalition, the candidates may be nominated together with the parties in this coalition;

2) a party or a coalition of parties which during the last election to the municipal council received mandates of the municipal councillors. If a party received mandates of the municipal councillors while in a coalition, the candidates may be nominated together with the parties in this coalition;

3. If a party may nominate candidates in accordance with the results of both the elections to the Seimas and the elections to the municipal council, it shall nominate its candidates only according to the results of one of said elections, whichever it chooses. If one of the parties which took part in an election coalition fails to nominate candidates or refuses to nominate them, or if it chooses to nominate candidates according to the results of the elections other than those when the coalition was formed, the other parties in this coalition have the right to nominate candidates without the participation of said party.

4. A party shall submit its list of candidates for the members of the electoral committees of the polling districts to the municipal electoral committee no later than 48 days prior to the elections.

5. Electoral committees of the polling districts for the period of the elections shall be formed by municipal electoral committees no later than 45 days before the elections. If the candidate nominated by the party meets the requirements of this Law the municipal electoral committee may not turn him down.

6. If no candidates have been nominated or the nominated candidates do not meet the requirements of this Law, or if they have been nominated after the expiration of the prescribed time limit, municipal electoral committees may reduce the number of members of the electoral committee of the polling districts established earlier or may ask the director of the municipal administration to nominate the lacking number of candidates. The candidates nominated by the director of the municipal administration may not be party members or become party members until the expiration of the term of office of an electoral committee member. If during a meeting of a municipal electoral committee which appoints a member of the electoral committee of a polling district nominated by the director of the municipal administration no less than three members of the municipal electoral committee object to the appointment of the candidate, this candidate may not be appointed a member of the committee.

7. Municipal electoral committees shall appoint chairmen of the electoral committees of the polling districts.

8. During its first meeting the electoral committee of the polling district shall elect the deputy chairman and the secretary of the committee.

Article 17. Powers of the Electoral Committee of the Polling District

The electoral committee of the polling district shall:

1) receive electoral rolls of the polling district from the municipal electoral committee, provide conditions for electors, representatives for elections to familiarise themselves with the said rolls, hand  or deliver through another person voter’s certificates to voters, inform the voters who have the right to vote by post at home about such right, draw up an electoral roll who will vote by post at home, inform the municipal electoral committee about inaccuracies noticed in the electoral roll of a polling district, the persons who have refused to declare, have not declared whether they meet the requirements of Article 3 of this Law;

2) investigate complaints about the errors made in electoral rolls of the polling district;

3) in the manner prescribed by the Central Electoral Committee, monitor voting by post conducted in the territory of a polling district, ensure that conditions for voting by post are provided in all health care, social care and guardianship institutions, military units, corrective institutions and pre-trial detention institutions situated in the territory of the polling district;

4) together with a representative of the municipal council make arrangements in accordance with the requirements set forth in this Law about a timely preparation of the polling station, voting booths and ballot boxes;

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

6) count votes and draw up the vote counting record of the polling district;

7) consider the complaints of the voters and observers of their polling district on issues concerning preparation of the elections, organisation of voting, vote counting, drawing up a vote counting record, and adopt decisions related to them; and

8) exercise other powers provided for in this Law.

Article 18. Written Pledge of Electoral Committee Members

1. A member of an electoral committee, its chairman shall take office upon having given a written pledge.

2. The Central Electoral Committee shall establish the procedure for giving a written pledge by the members, chairmen of the municipal electoral committees and the electoral committees of the polling districts. A person who gives a written pledge shall have the right to choose one of the texts of a written pledge, set forth in this paragraph of the present Article, to give a written pledge in compliance with it. The texts of the written pledge of a member and the Chairman of the electoral committee shall read as follows:

1) “I, (first name, name), swear to be faithful to the Republic of Lithuania, observe its Constitution and laws, in good faith and conscientiously perform my duties in the electoral committee and refrain from actions violating laws and the human rights.

So help me God.”;

2) “I, (first name, name), swear to be faithful to the Republic of Lithuania, observe its Constitution and laws, in good faith and conscientiously perform my duties in the electoral committee and refrain from actions violating laws and the human rights.”

3. The person who has given the written pledge shall sign the text of the written pledge. The text of the written pledge may not be changed. The written pledge shall be effective for the whole duration of the appointment to work in the electoral committee.

4. The written pledges of the members and chairmen of the electoral committees shall remain in the custody of the electoral committees which have appointed them.

5. When appointing an electoral committee member, the electoral committee shall fix the date by which he must give a written pledge. The person who has not given a written pledge for more than 15 days after his appointment, may not begin performing his duties in the electoral committee, and the decision concerning his appointment must be repealed. The committee which has appointed the said person shall adopt a decision to this effect.   

Article 19. Organisation of the Work of Electoral Committees

1. Meetings of electoral committees shall be valid provided that at least three-fifths of the members of the committee are in attendance. Decisions of the committees shall be adopted by open vote of the majority of the committee members participating at the meeting. In the event of a tie vote, the committee chairman shall have the casting vote. Committee members who do not agree with the decision shall have the right to give a separate opinion in writing, which shall then be appended to the minutes of the meeting and shall be its integral part.

2. After the close of elections, the powers of the chairmen and members of municipal electoral committees and electoral committees of polling districts shall be suspended.  The decision to suspend the powers shall be adopted by the electoral committee which appointed the committee members, provided this committee and its chairman have fulfilled all the tasks assigned to him under law.

3. The chairman or a member of an electoral committee who have given a written pledge shall be prohibited from any form of campaigning or to influence the voters' will in any other way. Individuals who violate this requirement, the written pledge of a member of the electoral committee must be dismissed from the committee and may be held liable in the manner established by law.

Article 20. Appeals against Decisions of Electoral Committees Adopted before Closing of the Polls

1. A party which has nominated candidates, a candidate, a representative for elections, and an election observer may appeal the decision of the electoral committee which was adopted before closing of the polls or against any other act of the committee:

1) an appeal against a decision of the electoral committee of the polling district shall be lodged with the municipal electoral committee;

2) an appeal against a decision of the municipal electoral committee shall be lodged with the Central Electoral Committee;

3) an appeal against the Central Electoral Committee’s decision shall be lodged with the Higher Administrative Court of Lithuania.

2. A voter, a representative for elections or a representative of a public organisation, who does not agree with the decision of the electoral committee of the polling district which has been adopted in reply to his appeal about the errors made in the electoral roll which did not let him exercise his right to vote (he has been incorrectly entered on the electoral roll or his name has been removed from the electoral roll or when the data in the roll about the voter has been inaccurate), may lodge an appeal against the decision of the electoral committee of the polling district to the administrative court of an appropriate county.

3. Decisions of the Central Electoral Committee or its other acts may be appealed to the Higher Administrative Court of Lithuania within 5 days after adoption of a decision but no later than before the closing of the polls. Appeals must be investigated within 48 hours of lodging them. Days off shall also be included in this period. The Court’s decision shall become effective from its pronouncement.

4. Appeals lodged not in the manner established by this Article shall not be examined and shall be forwarded to the electoral committee which must examine them. The electoral committee of the polling district, the municipal electoral committee may not forward to the Central Electoral Committee appeals for investigation which fall within their respective competence and have not been investigated.

Article 21. Assistance for Electoral Committees

1. State and municipal institutions, enterprises, agencies, their officers must assist electoral committees in exercising their powers and must furnish all necessary information to them.

2. State and municipal institutions, enterprises, agencies, their officers must consider, within 3 days, requests submitted to them by electoral committees and give the electoral committees reasoned responses.

3. Electoral committees may recruit the required number of staff for additional work.

4. State and municipal institutions and agencies, their officers and staff, enterprises and their employees must provide to electoral committees adequate premises and equipment for the organisation and conduct of elections.

Article 22. Remuneration of Members of Municipal Electoral Committees and Electoral Committees of Polling Districts

For their work in electoral committees, the chairmen, deputy chairmen, secretaries and members of the municipal electoral committees and electoral committees of polling districts shall be remunerated at the rates submitted by the Central Electoral Committee and approved by the Government.

Article 23.  Changing of the Composition of Municipal Electoral Committees and Electoral Committees of Polling Districts

1. The chairman or a member of a municipal electoral committee, an electoral committee of a polling district may be removed from his office in the committee by the municipal electoral committee which appointed him to this office, or the Central Electoral Committee.

2. The Central Electoral Committee, the municipal electoral committee may consider only a reasoned proposal of a party or a coalition to recall a member of the electoral committee whom it has nominated.

3. A new chairman or a member of the municipal electoral committee, the electoral committee of the polling district may be appointed, as necessary, in accordance with the procedure established by this Law, even after the expiration of the time period specified in paragraph 1 of Article 14, and paragraph 5 of Article 16.

CHAPTER IV

ELECTORAL ROLLS AND VOTER CERTIFICATES

Article 24. Electoral Rolls

1. For the organisation and conduct of elections to the European Parliament, the following electoral rolls shall be compiled:

1) the electoral roll of the Republic of Lithuania;

2) municipality electoral rolls; and

3) polling district electoral rolls.

2. Electoral rolls shall be drawn up two times - preliminary and final. These rolls may be used only for the organisation and conduct of elections.

3. The procedure of drawing up electoral rolls must be such that every person who is eligible to vote is entered on electoral rolls. No one may be entered on an electoral roll more than once.

4. At the request of parties which have nominated candidates, general electoral rolls may be compiled and furnished for the purposes of campaigning. The parties which are registered in the State Register of Personal Data Processors, may obtain general electoral rolls (in electronic information media or printed). General electoral rolls shall indicate the name, the surname, the address, and the year of birth. The actual expenses for drawing up such electoral rolls shall be paid by the party which has ordered them. If a voter has, in the manner prescribed by legal acts, refused to consent that the address of his place of residence or the year of his birth would be publicly announced in general electoral rolls, only his name and surname shall be indicated in such rolls. The parties may not furnish general electoral rolls to the third parties and to use them for the purposes other than campaigning. The parties must destroy the obtained data within 30 days after the proclamation of the final election results. 5. The electoral roll of the Republic of Lithuania and municipality electoral rolls  which are compiled and kept by the keeper of the population register or any other competent authority, shall, upon the instruction of the Central Electoral Committee, be drawn up in the electronic information media. Electoral rolls of polling districts shall be held in electronic information media and printed as a preliminary electoral roll of a polling district, one copy of which is used for the issuing of voter certificates, and the other copy for the voter to familiarise themselves with.  The printed final electoral roll of a polling district shall be used for voting on the polling day. Together with the final electoral roll of a polling district, its annexes are printed in which the changes made in this electoral roll are indicated. The procedure and form of drawing-up of electoral rolls, the method of drawing up and the manner of their use shall be determined by the Central Electoral Committee. The following data shall be used when drawing up electoral rolls:

1) in the electoral roll of the Republic of Lithuania: name, surname, personal number, date of birth, home Member State, number of the personal document confirming the citizenship of the Republic of Lithuania or any other Member State of the European Union, data of the document confirming the time period during which a citizen of any other Member State of the European Union resided in the Republic of Lithuania, earlier place of person’s residence in any other Member State of the European Union or the home Member State, the address of the declared place of residence and the grounds for and the date of the entry of the said address into the Population Register of the Republic of Lithuania;

2) in the municipality electoral roll: name, surname, personal number, date of birth, the address of the declared place of residence and the grounds for and the date of the entry into the Population Register of the Republic of Lithuania;

3) in the polling district electoral roll: name, surname and the address of the place of residence. The addresses of the voters who have refused to consent that their addresses of the place of residence would be announced in the polling district electoral roll, shall be indicated in the annex to the printed polling district electoral roll, and in the voter certificate.   

6. Each voter shall have the right to refuse to consent that the address of his place of residence would be publicly announced in the printed polling district electoral roll, as well as that the address of his place of residence and the date of birth, or any other datum from the said data would be indicated in the general electoral rolls furnished to the parties. The Central Electoral Committee shall, in conjunction with the keeper of the population register, create conditions for a voter to exercise his right not to consent that the address of his place of residence would be announced in the printed polling district electoral roll, as well as the address of the place of residence and the date of birth would be announced in general electoral rolls.

Article 25. General Procedure for Entering Citizens on the Electoral Roll of the Republic of Lithuania

1. All citizens of the Republic of Lithuania who have the right to vote, as well as the citizens of other Member States of the European Union, specified in paragraph 1 of Article 3 of this Law, shall be entered on the electoral roll of the Republic of Lithuania according to the data of issuance of the document (passport) certifying citizenship, and according to the population register of the Republic of Lithuania. The rolls drawn up according to the said data shall be preliminary electoral rolls.

2. Drawing up, updating and keeping of electoral rolls shall be organised by the Central Electoral Committee on the basis of the information furnished by State and municipal institutions and electoral committees of polling districts.

3. The following persons shall be removed from the electoral roll of the Republic of Lithuania:

1) a diseased citizen of the Republic of Lithuania or any other citizen of a Member State of the European Union, who permanently resided in Lithuania;

2) a person who has lost the citizenship of the Republic of Lithuania and does not have the citizenship of any other Member State of the European Union;

3) a citizen who permanently resides in Lithuania but who has lost the citizenship of a Member State of the European Union;

4) a citizen of the Republic of Lithuania who has confirmed that he will make use (or has made use) of the right to vote when electing the European Parliament for another member State of the European Union at these elections to the European Parliament, or a citizen of the Republic of Lithuania who on reasonable grounds (a notification has been received about his entry on the electoral roll or candidate list of another Member State of the European Union, he permanently resides in any other Member State of the European Union, etc.) is held that he will make use (or have made use) of the right to vote in these elections to the European Parliament, when electing the European Parliament for another Member State of the European Union, and who refuses to confirm or has not confirmed that he will make use of the right to vote when electing the European Parliament only for the Republic of Lithuania;

5) a citizen of a Member State of the European Union, permanently residing in Lithuania, who has refused to declare or has not declared that he will make use of the right to vote in these elections to the European Parliament, when electing the European Parliament only for the Republic of Lithuania, or that he has not been deprived of the right to vote in his home Member State;

6) a person who has been declared legally incompetent by the court.

4. The Central Electoral Committee shall establish the form of and procedure for presenting the information about the implementation of the requirements laid down in subparagraphs 4 and 5 of paragraph 3 of this Article. 

5. At least 7 days in advance of the elections, updated preliminary electoral rolls acknowledged in the manner established by the Central Electoral Committee shall be approved as final electoral rolls. Changes in final electoral rolls may be made (because of the voter’s death, voting abroad, measures pertaining to the avoidance of double voting, upon the change of the voter’s address after the drawing-up of a roll, etc.) only in the manner prescribed by the Central Electoral Committee through the institution authorised to keep electoral rolls. A change in the final electoral roll shall be made upon the receipt of the consent of the chairman of the Central Electoral Committee or a member (members) of the Committee, authorised by him, regarding the changes in the electoral roll. The members of the Central Electoral Committee shall be immediately informed about the number of the changes in the final electoral roll.

6. In order to avoid double voting, the Central Electoral Committee of the Republic of Lithuania shall maintain relations with the institutions of other Member States of the European Union, holding elections to the European Parliament, and notify them about the entry or removal of the citizens of their States from the electoral roll of the Republic of Lithuania, and about the striking-off of the citizens of the Republic of Lithuania who will vote in any other Member State of the European Union, from the electoral roll of the Republic of Lithuania.

Article 26. Electoral Rolls of Municipalities, and of Voters Residing Abroad

1. The electoral roll of a municipality shall be drawn up in the electronic information media by the Central Electoral Committee according to the electoral roll of the Republic of Lithuania and the place of residence of a voter indicated therein, and shall be delivered to the municipal electoral committee at least 39 days before the elections.

2. Rolls of citizens of the Republic of Lithuania residing abroad shall be drawn up in accordance with the electoral roll of the Republic of Lithuania and the information supplied by the diplomatic missions of the Republic of Lithuania. The persons entered on such rolls shall be requested to confirm that in these elections to the European Parliament they will elect only for the Republic of Lithuania. Such confirmation shall not be requested from the voters who vote in the State other than a Member State of the European Union. Rolls of the citizens of the Republic of Lithuania, residing abroad, shall be revised by the diplomatic missions of the Republic of Lithuania.

3. A roll of citizens of the Republic of Lithuania whose place of residence is unknown shall be compiled besides the rolls specified in paragraphs 1 and 2 of this Article.

Article 27. Electoral Rolls of Polling Districts

The electoral roll of a polling district shall be drawn up by the municipal electoral committee according to the electoral roll of the municipality and the place of voter’s residence indicated therein, and shall be delivered in the printed form to the electoral committee of the polling district at least 26 days prior to the elections. A roll of citizens who have not declared their place of residence shall be drawn up according to the electoral roll of the Republic of Lithuania and the last known address of the place of citizen’s residence or the address indicated in the electoral roll of the Republic of Lithuania of the last elections or referendum.  Voters - ship crew members and passengers who are unable to return to Lithuania during the period of voting by post or on the polling day, shall, according to the procedure established by the Central Electoral Committee, be entered on the electoral roll of the polling district in the territory where the administration of the ship’s registration harbour is located.

Article 28. Public Announcement of Electoral Rolls and Access to Electoral Rolls

1. At least 25 days before the elections, an electoral committee of a polling district, a diplomatic mission shall provide conditions for the voters to have access to electoral rolls of the polling district. Only the data which concern a particular voter and which are contained in the annexes to the electoral roll of the polling district shall be provided to such voter. It shall be prohibited to make copies of the electoral rolls of the polling districts or to copy or disseminate such rolls in any other way. The business hours of electoral committee members as well as the telephone numbers for electors to make inquiries about whether they are entered on the electoral roll must be on display at the entrance to the premises of the electoral committee. Following expiration of the time period for delivering voters’ certificates, as prescribed by this Law, the business hours of the electoral committee of the polling district, its telephones must be on display in stairwell entrances of apartment houses. The time and place for the voters to exercise their right to have access to electoral rolls shall be on display in a diplomatic mission, at the entrance to the premises of the electoral committee of the polling district.

2. The electoral roll of the Republic of Lithuania and electoral rolls of municipalities shall not be announced publicly, however, the information about the entry of a voter on the electoral roll may be provided to the voter by telephone.

Article 29. Voter Certificate

1. A voter certificate shall be a document specifying the polling district on the electoral roll whereof a voter is entered. Voter certificates, signed by the chairman of the electoral committee, shall be issued by the electoral committee. A voter himself may print his own voter certificate in accordance with the data from the electoral roll of the Republic of Lithuania, received through means of electronic communication in the manner prescribed by the Central Electoral Committee. In this case, the voter himself shall sign the certificate. One cannot vote by post without a voter 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 of the place of residence;

4) the municipality in which the voter shall vote;

5) the name, number of the polling  district on the electoral roll whereof the name of the voter has been entered, as well as the address of the polling station;

6) the number of the voter in the electoral roll of a polling district;

7) other information relevant for the voter.

3. The voter certificate may indicate that this particular voter must declare he meets the requirements laid down in Article 3 of this Law.

Article 30. Delivery of the Voter Certificate

1. Upon delivery of a voter certificate to a voter, an electoral committee member shall mark this fact off in the preliminary electoral roll of a 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 undertakes to deliver the certificate to the voter. The person who receives a voter certificate (certificates) shall sign in the preliminary voter certificate. A voter certificate shall be delivered to a citizen of any other Member State of the European Union only after such person confirms (declares) in writing that in these elections to the European Parliament he will make use of the right to vote when electing the European Parliament only for Lithuania, and that in his home Member State he has not been deprived of the right to vote. When delivering voter certificates, an electoral roll of the voters who are entitled and wish to vote by post at home shall be compiled. The delivery of voter certificates to voters must be finished at least 20 days before the elections.

2. The voter who has not received a voter certificate in due time or who has received a voter certificate with incorrect data, must, without delay, inform the electoral committee of the polling district in the territory whereof he resides, and to produce his passport or other document confirming his identity to the said electoral committee. If the voter is entered on the electoral roll of this polling district, the electoral committee of the polling district must write out a new voter certificate to the voter and issue it to him immediately. A municipal electoral committee may issue a duplicate of a voter certificate to any voter entered on its electoral rolls.   If the voter is not entered on the electoral roll of the polling district on which his name should be entered, the electoral committee of that polling district shall forthwith notify about it the municipal electoral committee which must cause to have the voter’s name entered on the electoral roll of this polling district and removed from the electoral roll of another polling district. In this case the voter certificate shall be issued and delivered to the voter following the updating of the electoral rolls.

3. A municipal electoral committee may, in the manner prescribed by the Central Electoral Committee, issue a voter’s certificate to a voter whose name is entered on the electoral roll of a different municipality 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 document confirming his identity.   

Article 31. Updating of Electoral Rolls before Drawing up Final Electoral Rolls

1. Preliminary electoral rolls shall be updated when transferring a voter from one electoral roll of a municipality or a polling district into another, when removing a voter from or entering him on the electoral roll of the Republic of Lithuania.

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

3. Transferring of a voter from the electoral roll of one polling district into another in the same municipality shall be the responsibility of the municipal electoral committee which shall notify the Central Electoral Committee about these changes made in the electoral rolls of the polling districts. Transferring of a voter from the electoral roll of one municipality into another shall be made by the Central Electoral Committee, on the recommendation of the electoral committee, or an institution authorised by it for this; the Central Electoral Committee shall notify municipal electoral committees about the changes made. A voter may be entered on or removed from the electoral roll of the Republic of Lithuania only by the Central Electoral Committee in the cases specified in Article 25 of this Law, and by municipal electoral committees in the cases specified in paragraphs 3 and 5 of Article 25 of this Law.

Article 32. Entry of Citizens of the Republic of Lithuania Who Are Staying Abroad on Electoral Rolls             

1. Citizens of the Republic of Lithuania who are staying in other states shall be entered on the electoral roll of the municipality of the city of Vilnius.

2. A diplomatic mission of the Republic of Lithuania shall, at least 15 days before the elections, submit to the Central Electoral Committee the electoral roll drawn up in the diplomatic mission, as well as the information about its updating. Added to this roll may be the voters who, during the period of voting by post or on the day of elections, are not able to return to Lithuania and are voting in the diplomatic mission.

Article 33. Entering on Electoral Rolls of Servicemen, Voters who are Aboard a Ship and in Places of Confinement

1. Voters performing the active military or alternative national defence service shall be entered on the electoral roll of the polling district on whose territory they permanently resided before they were summoned for the active military or alternative national defence service.

2. Officers, non-commissioned officers and re-enlistees of the national defence system and the internal affairs service shall be entered on the electoral rolls of the 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 the polling day, shall be entered on the additional electoral roll of the polling district on whose electoral roll the ship’s crew is entered.

4. Voters who are in places of confinement shall be entered on the electoral roll of the polling district in whose territory they permanently resided before they were placed in confinement. Upon a written request of a person who is in a place of confinement, his name shall be entered on the electoral roll of the polling district in whose territory the place of confinement is situated.

Article 34. Updating Electoral Rolls upon Drawing up Final Electoral Rolls, as well as on the Polling Day

If following the approval of the final electoral rolls, but no later than until 6:00 p.m. on the polling day, a voter who has not been entered on the electoral roll of the polling district and who confirms in writing that he has not voted in these elections either in any other State or by post, or in any other polling district of the Republic of Lithuania, addresses the electoral committee of this polling district and submits the document confirming the citizenship of the Republic of Lithuania or any other Member State of the European Union with the address of the place of residence recorded therein, or the document confirming the citizenship and the document concerning his stated place of residence (the place of residence must be attached to the territory of this polling district), the electoral committee of the polling district shall enter the voter on the additional electoral roll of the polling district, shall allow him to vote according to the procedure established by the Central Electoral Committee and shall immediately notify the voter’s surname, name, personal code, number of his passport (personal identity card or another document confirming the citizenship) and address to the municipal electoral committee. The municipal electoral committee shall check whether or not the voter is entered on the electoral roll of the municipality 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 polling station. The other vote of the voter, received by post or cast according to the additional electoral roll of the polling district shall not be counted.

Article 35. Complaints about Electoral Rolls

1. A voter or a representative for the elections may lodge complaints with the electoral committee of the polling district no later than 7 days before the elections about the errors made in electoral rolls due to which the voter is not entered on the electoral roll in the manner prescribed by this Law or is entered on several electoral rolls. The electoral 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 polling day.

2. The decision of the electoral 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. Electoral committees of polling districts shall report to the municipal electoral committee about the received complaints and changes made in the electoral rolls by the court’s decision, and the electoral committee of the municipality shall report to the Central Electoral Committee as soon as possible but no later than within 12 hours.

CHAPTER V

NOMINATION OF CANDIDATES

Article 36. Nomination of Candidates

1. Candidates may be nominated by a party registered pursuant to the Law on Political Parties and Political Organisations no later than 65 days prior to the elections.

2. A party shall nominate their candidates by presenting a list of candidates in which candidates are recorded in the succession established by the party. Unless the statutes of a party provide otherwise, the list of the candidates, recorded in succession, must be approved at the congress or conference of the party. The list of candidates (joint list) must not include less than 5 and more than 26 candidates.

Article 37. Application Documents for the Nomination of Candidates

1. Parties must file with the Central Electoral Committee the following application documents:

1) an application for  the  participation  in  the  elections;

2) copies of their registration papers; the programme and the election programme of the party may be submitted as well;

3) the list of nominated candidates;

4) consent of each nominated candidate to be a candidate nominated by this party, a questionnaire filled in by the candidate to the European Parliament himself, as well as extract containing the basic data from the income and property declarations, presented to the State Tax Inspectorate, approved by that tax inspectorate to which the declarations have been submitted. The party must also submit photographs and autobiography of each candidate;

5) an authorisation for a representative for elections to represent it in the Central Electoral Committee; the party shall also have the right to grant authorisation to represent it and the candidates nominated by it in the electoral committees of municipalities;

6) documents certifying  that  the  election  deposit has been paid;

7) if the party nominated candidates or candidates’ lists during the preceding elections to the Seimas, the European Parliament or municipal councils, it shall have the right to submit a copy of the report published in the press, which had to be published in pursuance of the Laws on the Elections to the Seimas, the European Parliament, Municipal Councils, concerning the sources and use of funds for campaigning;

8) a copy of the financial statement for the preceding year, which had to be presented to the tax inspectorate pursuant to the Law on Political Parties and Political Organisations, and which was approved by the said tax inspectorate;  as well as the information about the cash at bank and in hand, received during the period from 1 January of the current year till the first day of the month when the documents were submitted. The party may also submit a copy of the account (report), which had to be publicly announced according to the Law on Political Parties and Political Organisations, concerning the budget revenue, the sources and expenditure thereof.

2. In the questionnaire of a candidate for a member of the European Parliament, a person who has been nominated as a candidate must fill in the following data himself: surname, name, number of the passport or any other document confirming citizenship, personal code, date of birth, address of the permanent place of residence, whether or not he has an unserved term of the court-imposed sentence, whether or not he is in the active military or alternative national defence service, whether or not he is an officer, non-commissioned officer or re-enlistee of  the national  defence system, police and the internal affairs service, who has not retired from service, as well as an officer  of  other  military-type  or security service, who is on the payroll, whether or not he is a statutory public servant, and a citizen of any other Member State of the European Union must, in addition to the said documents, indicate the home Member State, whether or not he has been deprived of the right to vote in this State, as well as to answer the questions specified in Article 93 of this Law, and to sign the questionnaire. Other questions, additionally established by the Central Electoral Committee, may also be included in the questionnaire of a candidate for a member of the European Parliament, to which the person is not bound to give answers.

5. The filing of application documents shall commence 65 days before and shall end at 5:00 p.m. 34 days before the elections. The application documents filed after the deadline for filing such documents may not be recognised as application documents.

Article 38. Registration of Candidates

1. Upon the commencement of filing of the lists of candidates, at the request of the Central Electoral Committee the Ministry of Justice shall, within one day, confirm officially which parties have been registered, the activities of which parties have been suspended or terminated.

2. Upon receiving the application documents of a party, the Central Electoral Committee must not later than on the next working day apply to the Ministry of Justice for the confirmation of the fact of the registration of the party and the validity of its statutes. The Ministry of Justice must give a written reply within two days and present to the Central Electoral Committee a copy of the valid statutes of the party.

3. While checking the application documents filled in by a candidate, the Central Electoral Committee shall determine whether or not the candidate meets the requirements of Article 3 of this Law. When necessary, it may appeal to the Ministries of Foreign Affairs, the Interior, Justice or other state institutions to furnish the data important for registering the candidate. Such appeal of the Central Electoral Committee must be considered as a matter of great urgency, and a written reply must be given within 7 days, but not later than 32 days before the elections.

4. After the Central Electoral Committee has checked out the submitted application documents and established that they meet the requirements of this Law, it must adopt a decision concerning the registration of a candidate within 10 days following the submitting of the application documents, but not less than 31 days prior to the elections.

5. If there are any faults in the application documents, the Central Electoral Committee must immediately inform the appropriate representative for elections about them.

Article 39. A Representative for Elections

1. The party shall authorise a representative for elections to represent it on all issues in the Central Electoral Committee or the municipal electoral committee.  In meetings of an electoral committee he shall have the right of deliberative vote and the right to express a separate opinion on all issues under consideration. The representative for elections shall have all the rights of the election observer in the appropriate electoral territory. Following the announcement of the date of elections to the European Parliament, authorisation by parties to represent them in electoral committees may be filed with the Central Electoral Committee the following day after the formation of an appropriate electoral committee. If the candidature of the representative for elections meets the requirements of this Law, the Central Electoral Committee shall, within 3 days, register the authorisation given to him and shall issue the certificate of a representative for elections. The authorisation for a representative for elections shall expire after the lapse of 20 days following the proclamation of the final results of the elections.

2. Until the polling day, the party may revoke an authorisation at any time and authorise another person to be a representative for elections. In this case a representative for elections must be registered, a certificate must be issued to him, and the registration of the previous representative for elections must be terminated within 3 days from the filing of appropriate authorisation with the Central Electoral Committee.

Article 40. Election Deposit

1. The election deposit left in order to register one list of candidates shall be in the amount of twenty most recently announced average monthly wages of the national economy (hereinafter referred to as “AMWs”). A change of the place of one candidate on the list or entry of a new candidate on the list shall be in the amount of one AMW. Joining the candidates’ lists shall be in the amount of 0.3 AMW for each joint list. If the number of a candidate on the list changes because of the change of the place of another candidate or the entry of a new candidate on the list, or the removal of the previously entered candidate, the election deposit shall not be charged.

2. An election deposit for registration of one list of candidates shall be tripled for the party which during three preceding elections to the Seimas, the European Parliament or municipal councils did not furnish final reports about the sources and use of the funds for campaigning within the time limit specified in the Law on the Control of Financing of Political Campaigns, or if it was established that not all sources of funds or campaigning expenses were indicated in the said reports. 

3. Within 40 days following the proclamation of the final election results, the Central Electoral Committee shall refund the election deposit to the party if the list (joint list) of nominated candidates becomes eligible for distribution of mandates and the report on the sources and use of the funds for campaigning has been submitted.

4. The non-refundable deposits shall be transferred to the State budget.

Article 41. Measures to Prevent Double-Candidacy

1. Each candidate may be entered only on one list of candidates in the Republic of Lithuania and may stand as a candidate only in one Member State of the European Union in a single election to the European Parliament – double-candidacy.

2. If a person has given his consent to be entered on more than one list of candidates in the Republic of Lithuania, he shall be removed from all the lists of candidates and his registration as a candidate shall be cancelled.

3. If a person has given his consent to be entered on a list of candidates in the Republic of Lithuania and has given his consent to be nominated as a candidate in any other Member State of the European Union, he shall be removed from the list of candidates and his registration as a candidate in the Republic of Lithuania shall be cancelled.

4. In order to prevent double candidacy, the Central Electoral Committee of the Republic of Lithuania shall maintain relations with the institutions of other Member States of the European Union, which organise elections or are responsible for the registration of candidates for elections to the European Parliament, shall notify the said institutions about the registration of citizens of their States as candidates and collect information about the registration of citizens of the Republic of Lithuania as candidates for members of the European Parliament in other Member States of the European Union.

Article 42. Joining the Lists of Candidates

Before the deadline for filing application documents several parties may join the lists of candidates nominated by them. In order to do so, they must submit a statement to the Central Electoral Committee concerning the joining of the lists of candidates, indicating the name of the coalition. The joint list in which the candidates are entered in a newly established succession, as well as the document confirming that the election deposit for the joining of the lists of candidates has been furnished shall be submitted as well. Only those persons can be put down on the joint list who are on the lists which are being joined together. The name of the coalition must include the word “coalition” and may not contain any references to the names of the parties which do not form this coalition. The joint list shall be regarded as one list. The same party may not participate in more than one coalition.

Article 43. The Right to Withdraw or Supplement Electoral Application Documents

1. A party or election coalition may, at any time but no later than 25 days before the elections, declare their application documents fully or partially withdrawn. A party or election coalition shall notify the Central Electoral Committee thereof by a statement and the relevant representatives for elections in the Central Electoral Committee shall also be informed about this. If application documents are withdrawn, the election deposit may be refunded only after the elections, provided it becomes refundable as stipulated in Article 40 of this Law. Upon the annulment of the registration of a whole list of candidates or when a list of candidates is not registered due to deficiencies in application documents, or application papers have not been filed in good time, the electoral deposit shall not be returned.

2. It shall be allowed to additionally submit, before the deadline for the filing of application documents set in paragraph 3 of Article 37 of this Law, new application documents when altering the sequence of candidates on a list of candidates.

3. If the application documents are withdrawn by a party that has formed a coalition, the candidates nominated by it shall be removed from the joint list of candidates, and, if the name of the coalition contains a reference to its name, the name of the coalition shall be changed. In such case it is necessary to notify in writing the representatives for elections of the coalition partners in the Central Electoral Committee. If, upon withdrawal of the electoral application documents, the candidates of only one party remain on the coalition’s joint list of candidates, they will participate in the elections only as the nominees of that party.

4. If, upon withdrawal of application documents or the removal of candidates, there are less than 5 candidates left on the list of candidates (joint list), the registration of all the candidates of this list shall be annulled.

Article 44. Publication of the Names and Lists of Candidates, Beginning of Campaigning

1. With not less than 30 days prior to the elections, the Central Electoral Committee shall publish in the Valstybės žinios (the Official Gazette) the titles of the lists of candidates of parties and coalitions and the names of the candidates in the lists; election numbers assigned to the lists of candidates by drawing lots; election numbers assigned to the candidates on the above lists. The Central Electoral Committee shall hand over the certificates of candidates with the election numbers assigned to the candidates to the representative for elections. At the moment of its assignment the candidate’s election number coincides with the candidate’s successive number on the list of nominated candidates (joint list). The candidate’s assigned election number may not be changed until the announcement of the election results.

2. Campaigning shall commence from the day of publication of the lists of candidates.

CHAPTER VI

GUARANTIES OF THE ACTIVITIES OF THE CANDIDATES

Article 45. The Right of a Candidate to Speak at Meetings, to Use the Mass Media

1. After the commencement of campaigning, candidates shall have equal rights to speak at voters’ meetings or any other meetings, gatherings, conferences as well as through the state mass media, and to announce their respective election programmes.

2. Heads of State and municipal institutions and agencies, also directors of the administrations of municipalities or persons authorised by them must help candidates to organise meetings with voters, to obtain necessary information, with the exception of the information which is considered confidential according to laws of the Republic of Lithuania and the resolutions of the Government.

Article 46. Liability for the Violation of this Law

Persons who by force, threat, deception, bribery or otherwise prevent voters from implementing the right to vote or to be elected to the European Parliament, and to organise campaigning, as well as the members of electoral committees, other officers who have falsified election documents, made an incorrect vote count, violated the secrecy of voting or otherwise violated this Law, shall be liable under laws of the Republic of Lithuania. Legal action shall also be taken against persons who have released or otherwise disseminated false information about a candidate or prevented a candidate from meeting with voters.

Article 47. The Right of a Candidate to be Relieved from Work or his Service Duties during the Period of Campaigning

Upon his request, a candidate may be relieved from work or other service duties for the period of organising and conducting campaigning, but for not longer than 1 month.

Article 48. The Immunity of a Candidate

Without the consent of the Central Electoral Committee, during campaigning as well as until the first meeting of a newly elected European Parliament, a candidate may not be found criminally liable, arrested, neither may administrative penalties be imposed on him by court for the actions performed in the course of campaigning.

CHAPTER VII

CAMPAIGNING

Article 49. Basic Principles of Campaigning

1. The conditions prescribed by this Law to conduct campaigning shall be provided for parties from the day campaigning starts. It shall not be prohibited to campaign before the commencement of campaigning. Starting from the entry into force of the Seimas resolution by which elections are announced, expenses made by the parties or candidates must be recorded, used and declared as political campaign expenses in the manner prescribed by laws. 

2. Campaigning may be conducted in any form or manner, provided it does not contradict the Constitution and the laws of the Republic of Lithuania.

Article 50. Conditions and Procedure for the Use of the Mass Media

1. Parties that have submitted lists of candidates for elections shall be granted the right to use national mass media free of charge. The Lithuanian national radio and television shall prepare and broadcast programmes intended for campaigning from the funds allocated in the budget. The Central Electoral Committee shall cover additional expenses related to broadcasting of such programmes. The rules for preparing programs for campaigning shall be approved and the actual duration and time of the Lithuanian national radio and television programmes shall be established by the Central Electoral Committee upon agreement with the heads of the Lithuanian national radio and television. The Central Electoral Committee shall allocate the time of the programs distributing it in such a manner that the principle of equality of the lists of candidates is preserved. Each list of candidates shall be allocated no less than one hour of the national radio debates and one hour of national television debates with the representatives of any other list of candidates or other lists of candidates. Groups (2 and more) of representatives of the lists of candidates, participating in debates, shall be composed by mutual agreement, and in cases of disagreement, by drawing lots.

2. The Central Electoral Committee shall publish the election programme of a list of candidates within 20 days after its submission. The Central Electoral Committee shall establish the procedure for publishing election programmes.

3. Campaigning in the commercial mass media shall be restricted only by the maximum permitted size set by special election accounts.

4. All disputes concerning the campaigning shall be settled by the Central Electoral Committee in compliance with this Law.

Article 51. Releasing the Material Compromising a Candidate or a Party which Has Nominated a List of Candidates, and the Countering Opinion

1. If during campaigning the mass media release the material compromising a candidate or a party which has nominated a list of candidates (such data may be released not later than: in a means of the mass media which is issued more frequently than three times a week - 5 days before the elections, in other means of the mass media - 10 days before the elections, but in any case the material compromising a candidate or a party which has nominated a list of candidates may be released not later than in the last but one issue of a means of the mass media before the elections), it must provide the candidate or the party which has nominated a list of candidates with an opportunity to express a countering opinion  which consists of a short exposition of the released compromising material and the answer. The extent of the countering opinion usually may not exceed the volume of the compromising material by more than three times. The means of the mass media must publicise the countering opinion within 7 days after it has been expressed, but not later than 2 days before the prohibition of campaigning becomes effective. If the means of the mass media itself cannot publicise the countering opinion during the period of time set by the Law, it must with its own funds publicise the countering opinion in another means of the mass media.

2. The material which is aimed at influencing voters not to vote for an individual candidate (candidates) nominated by a particular party and which contains information negatively describing the candidate or the party (its branch or division) shall be considered as compromising material. An opinion about the candidate or the party announced in the mass media (unlike hard news, criteria of truth shall not apply to an opinion), including a negative opinion, shall not be considered as compromising material and shall not entitle the candidate or the party to demand announcing a countering opinion. The demand to announce a countering opinion may also be rejected in cases when: the released material does not concern the candidate personally or the said party; the released material is not compromising; the compromising material about the candidate or the party is released by another candidate who is nominated by the same party; the material contains no information describing the candidate or the party; the candidate or the party has already exercised the right to a countering opinion.

3. A party or a candidate shall furnish the countering opinion to the means of the mass media through its (his) representative for elections in the Central Electoral Committee or through its (his) representative for elections in a municipal electoral committee. If the representative for elections has duly furnished the countering opinion to the means of the mass media, but it has not been announced, by the decision of the Central Electoral Committee the countering opinion shall be broadcast on the Lithuanian national radio or television and shall be paid for at the rates of advertisement fees. In this event, the means of the mass media must pay the Central Electoral Committee double the amount of the broadcast costs.

4. If the compromising material was released during the period of time when its release is not permitted under this Law, by the decision of the Central Electoral Committee the countering opinion shall be broadcast on the Lithuanian national radio or television and shall be paid for at the rates of advertisement fees. In this event the means of the mass media must pay the Central Electoral Committee three times the amount of the broadcast costs.       

5. In all cases a countering opinion shall not be announced during the period when campaigning is prohibited. Announcement of a countering opinion shall not exempt the means of the mass media from liability under the laws of the Republic of Lithuania.

6. When the countering opinion is made public on the decision of the Central Electoral Committee, the costs thereof set by this Law shall be recovered from that means of the mass media which has released the material compromising the candidate during the period when such release is not permitted or which has not announced the countering opinion in proper time.

Article 52. Prohibition to Take Advantage of one’s Official Position for Campaigning

1. Anyone shall be prohibited from taking advantage of his official position in state or municipal institutions, agencies or organisations, as well as in the state or municipal mass media for any form of campaigning or from instructing other persons to do so, or from trying to exert influence upon the will of voters in any other manner, taking advantage of his official position. State or municipal officials, public servants shall be prohibited from taking advantage of their official position in order to provide exclusive conditions for campaigning for themselves or for the party. A person who violates the provisions of this Article may be held administratively or criminally liable in accordance with the procedure laid down by law.

2. If a person is a candidate, he may use the national mass media only according to the procedure set forth in Article 50 of this Law. If a candidate due to the fulfilment of his duties has to release important news to the mass media, he may do so only at a press conference. It shall be permitted to broadcast through the means of the national mass media or in programmes of the mass media financed from the state or municipal funds only a recording of the conference or a portion thereof which contains no elements of campaigning.

Article 53. Funding of Campaigning

1. Campaigning shall be financed with the funds received by the party, which has nominated a list of candidates. The said funds shall be accumulated in a special election account. A special election account shall be opened or an account held by the party shall be used as a special election account according to the certificate issued by the Central Electoral Committee. The maximum permitted amount of money in the special election account shall be in the amount of 1,000 AMWs for a list of candidates. If the amount of money transferred to the appropriate account exceeds the established sum, the bank shall transfer the surplus to the State budget.

2. The expenditures of campaigning shall be: the cost of preparing, acquiring, producing or rendering of campaigning events, publications, radio or television programmes, as well as items or services aimed at influencing the will of voters to vote for or against a candidate or candidates. It shall be prohibited to cover these expenditures from other than these accounts. The items and services of campaigning the cost of which is more than 0.5 AMW may not be provided free of charge. The items and services of campaigning may not be provided giving obvious discounts. Those who desire to support a list of candidates must do this by transferring funds to special election accounts. If expenditures related to the items of campaigning were made before the commencement of campaigning, the party shall notify the Central Electoral Committee thereof, which, upon evaluating the items used for campaigning, shall reduce the permitted maximum amount of funds in the special election account by the above amount of the expenditure and shall issue a certificate that these items may be used during campaigning. The means of the mass media which has no state or municipal capital may indicate which list (lists) of candidates it supports and thereafter conduct its campaigning free of charge. In this event the means of the mass media may not be remunerated for campaigning in any other way. Where single services of campaigning, the cost of which is less than 0.5 AMW, are provided by the supporters of a list of candidates free of charge (it shall not be permitted to the individuals specified in Article 52 of this Law), their cost shall not be evaluated and shall not change the maximum permitted amount in the special election account.

3. Upon establishing that during the campaigning payment for the items or services used for campaigning has been made not from the special election account or in cash, or indirectly, the tax inspectorate shall recover without suit the sum or remuneration (the sum or remuneration due) paid for the items and services used for campaigning from the receiver thereof and shall transfer the amounts to the State budget.

4. Campaigning shall also be financed from the State funds. A party shall not pay for the time allotted to it on the national radio and television under this Law, for the printing of an election program, and these expenditures shall not change the maximum permitted amount in the special election account.

5. Tax inspectorates and the Central Electoral Committee shall control the use of funds allocated for campaigning. Parties must file with the Central Electoral Committee reports of the form established by the Central Electoral Committee on the sources of funds and their use for campaigning not later than within 25 days following the announcement of final election results. The Central Electoral Committee shall publish these reports in the supplement Informaciniai pranešimai (Information notices) to the Valstybės žinios (the Official Gazette).

6. Special election accounts shall be closed or the use of the accounts held by the parties as special election accounts shall terminated not later than within 20 days after the announcement of final election results. The party which has nominated a list of candidates shall use the funds that have not been used for campaigning in its activities. The funds in the special election accounts, except the accounts the parties used as special election accounts, which have not been closed by the due date shall be transferred by the bank to the State budget.

Article 54. Prohibition of Campaigning on the Polling Day

1. Campaigning shall be prohibited 30 hours before the beginning of voting on the polling day and on the polling day, with the exception of permanent visual campaigning material in the places intended for this, provided that it was displayed at least 48 hours prior to the beginning of the elections. During the period when campaigning is prohibited no visual campaigning material (with the exception of those issued by the Central Electoral Committee) may be displayed in a polling station or within 50 meters of the building in which a polling station is situated.

2. Information about elections held, voting procedure and invitation to participate in elections and express one’s will, provided that at the same time voters are not encouraged to vote for or against a candidate or a list of candidates, shall not be considered the campaigning. 

3. Persons who violate the provisions of paragraph 1 of this Article shall be held liable under law.

CHAPTER VIII

PREPARATORY ACTIVITIES OF THE ORGANISATION OF ELECTIONS

Article 55. Establishment of Election Document Specimens

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

Article 56. Ballot Papers

1. A ballot paper for elections shall contain all lists of candidates arranged according to the assigned election numbers in an increasing order on the same space and in the same type (types). The type shall be chosen of such size which would best fit to fill the space designated for inscription. A ballot paper shall contain the election number set by drawing lots, the name of the party, coalition (indicated in its application documents) and the election numbers of the candidates on the list, as well as the names and surnames of the candidates. Instructions for the voter regarding the procedure for filling out the ballot paper must be printed on the ballot-paper which must also contain a special space designated for indicating the voter’s will. 

2. The second part of the ballot paper shall contain 5 designated spaces where the voter shall record the election numbers of the chosen candidates.

3. Aboard the ship ballot papers shall be printed in accordance with the description transmitted by the Central Electoral Committee.

Article 57. Delivery of Ballot Papers

1. Municipal electoral committees shall deliver ballot papers and envelopes for voting by post to central post offices at least 2 days prior to the beginning of voting by post, ballot papers to electoral committees of polling districts - 12 hours preceding the beginning of voting.

2. At the diplomatic missions of the Republic of Lithuania, voters must be provided with free access to ballot papers and envelopes for voting by post at least 20 days before the elections. Aboard ships voters must be provided with free access to the text of ballot papers not less than 15 days prior to the elections. 

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 time limits.

Article 58. Preparation of Polling Stations

1. A polling station of the polling district must be completely prepared for elections not later than 12 hours before the commencement of the poll. The electoral committee of a polling district must also have counted all ballot papers received from the municipal electoral committee and drawn up their acceptance report by the prescribed time. In the polling station of a polling district there must be a ballot box, secret voting booth (booths) in which a voter could fill out ballot papers in private. The campaigning and voter’s information material issued by the Central Electoral Committee may be displayed in the polling station; lists of candidates must be displayed in the polling station as well. The text of this Law must be accessible in each 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 electoral committee members and places for election 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 electoral committee of the polling district shall inform the municipal electoral committee thereof.     

2. The Central Electoral Committee shall lay down other requirements for the preparation of polling stations.

3. The chairman of the electoral 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 electoral committee of the polling district must forthwith notify the municipal electoral committee thereof and take measure to find premises suitable for fitting out a polling station and to acquire the necessary equipment as prescribed in Article 9 of this Law.

Article 59. Election Observers

1. Parties, representatives of the parties as well as candidates have the right to appoint election observers. An election observer shall be a person having a certificate in the form established by the Central Electoral Committee. He shall have the right to observe elections conducted in the territory of the municipality or polling district which is indicated in his certificate, as well as in any post office. The observer’s certificate shall be issued by:

1) the Central Electoral Committee - to observe elections in the entire territory of the Republic of Lithuania and the country’s diplomatic missions or only in specific municipalities or polling districts by the advice of the Minister of Foreign Affairs of the Republic of Lithuania, adviser to the President of the Republic or upon the request of the persons representing foreign states or international institutions, as well as at its own discretion;

2) a municipal electoral committee - to observe elections in the entire territory of the municipality, in one or several polling districts to citizens of the Republic of Lithuania who are above 18 years of age or other persons who enjoy the right to vote, at the request of the local branch of the party or its representative for elections; the surname and name of the person proposed to be an election observer, his personal code, name of the polling district (districts) must be indicated in the certificate.

2. The observer’s certificate shall be issued by the chairman of the electoral committee on behalf of the electoral 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 elections must be notified thereof.

3. An election observer shall have the right to demand that the chairman and members of an electoral committee, as well as persons who are in the polling station should adhere to this and other laws of the Republic of Lithuania. Electoral committees must make arrangements to ensure that an election observer be provided with proper conditions in the polling station of a 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 municipal electoral committee. The members of the municipal electoral committee, the Central Electoral Committee and an appropriate representative for elections shall be immediately notified of the decision.

CHAPTER IX

VOTING

Article 60.  Time and Place of Voting

Voting shall take place on the polling day between the hours of 7 a.m. and 8 p.m. in the place designated by the electoral committee of the polling district. The voter shall vote in the polling district on whose electoral roll his name has been entered, unless this Law provides otherwise.

Article 61. Prohibition to Carry out other Activities in the Polling Station

It shall not be allowed to carry out any other activities in the polling station, except organisation of the election and voting. It shall also not be allowed to carry out any activities in the passageways leading to or out of the polling station (corridors) and at the entrance to the building where the polling station is situated.

Article 62. Commencement of Voting

On the polling day the polling station shall be opened for voters only when at least 3/5 of the members of the electoral committee of the polling district are present. Prior to opening of the polling station for voters, only the electoral committee members, observers and the policeman on duty may be present in it. The chairman of the electoral committee of the polling district, together with the members of the electoral committee, shall make sure that a ballot box is empty and shall seal it up. After the electoral committee of the polling district checks that the polling station has been furnished according to the established requirements, the chairman of the electoral committee of the polling district shall register the total amount of the ballot papers received by the electoral committee of the polling district from the municipal electoral committee into the vote counting record, affix the seal on ballot papers, distribute ballot papers and the electoral roll among the members of the electoral committee of the polling district, register the number of ballot papers issued to each member of the electoral committee into the vote counting  record of the polling district, and open the polling station to the voters, thereby  proclaiming the commencement of the elections.

Article 63. 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 an electoral committee member of the polling district. Upon having established that the voter has arrived at the polling district on whose electoral role his name has been entered, the committee member shall hand the voter an arrival card indicating which the voter was to come to the polling station to vote and shall show the committee member to be applied to for a ballot. It shall not be allowed to hand several arrival cards to one voter or to hand in 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 entered on the electoral roll of this polling district, the committee member shall not hand the arrival card to this person, instead, the person shall 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 ballot papers, having established on the basis of the produced documents that the person who arrived to vote is indeed the citizen who has been entered on the electoral roll, or if two citizens of the Republic of Lithuania or two citizens of any other Member State of the European Union, permanently residing in Lithuania, who are entered on the electoral roll of that polling district testify to this fact in writing to the electoral committee chairman, shall find the name of the voter on the electoral roll, and shall take the voter certificate and the arrival card from the person. After the voter and the committee member who hands ballot papers sign in the electoral roll of voters of the polling district, the voter shall be handed 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 ballot paper (ballot papers) of another person. The member of an electoral committee who violates this provision shall be liable under the law of the Republic of Lithuania.

Article 64. Voting Procedure

1. Having been handed ballot papers, the voter shall go into the polling booth and mark the ballot papers. It shall be prohibited to mark ballot papers outside the polling booth.

2. On a ballot paper the voter shall mark the list of candidates whom he is voting for and, expressing his opinion about the candidates on the list, shall enter the election numbers of the 5 chosen candidates in the designated spaces of the ballot paper. In this way preference votes are given for the candidates. If the election number of one and the same candidate is entered two or more times on the ballot paper, only one preference vote from the ballot paper shall be considered for the candidate. Where the marks on the ballot paper make it impossible to determine the voter’s preferences regarding the election numbers of one or more candidates, it shall be considered that the voter has not expressed his preferences regarding the candidates.

3. The voter shall personally cast his marked ballot papers into the ballot box.

4. Upon the request of the voter, who hasn’t cast his ballot paper into the ballot box, spoiled ballot paper shall be exchanged for a new one. A spoiled ballot paper shall be crossed and signed by a member of the electoral committee who shall then hand a new ballot paper. Spoiled ballot papers shall be kept separately.

5. The voter who, by reason of his physical disability, is unable to mark his ballot papers and cast them into the ballot box himself, may invite another person (with the exception of the chairman of the electoral committee or its member, or an election observer) to carry out these actions for him. A voter who has no physical disabilities precluding him from marking the ballot papers must vote personally.

Article 65. Voting by Post

1. Citizens who due to their health condition or other reasons are not able to come to the polling station on the polling day shall be provided with an opportunity to participate in elections by voting by post. Voting by post shall be possible at post offices during their business hours beginning 5 days before the election and ending 1 day prior to the elections, provided the voter is put on the electoral roll of that municipality, and ending 2 days prior to the election, provided the voter is not put on the electoral roll of that municipality. Expenses related to voting by post shall be covered by the Central Electoral Committee from the funds of the State Budget.

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 ballot papers and envelopes for voting by during the voting by post. The chairman of the electoral 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 polling district committees, whom the municipal electoral committee has assigned with such task, arrange for the organisation of polling district electoral committee members’ watching-over in post offices.

3. The head of the post office, with the consent of the municipal electoral committee, shall appoint postal workers for the issue and collection of ballot papers and envelopes for voting by post during the voting by post, who are entrusted with the issue of ballot papers and envelopes for voting by post. If the municipal electoral committee requests so, the head of the post office must remove a postal worker from the work with election documents. Postal workers who are authorised to issue election papers shall be issued by the municipal electoral committee the certificates of the established form. An electoral committee member, election observer, having produced his certificate to the postal worker, a 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 municipal electoral committee about this remark. The postal worker who does not have this certificate shall not have the right to issue election papers.

4. Post offices must provide a room (place) where the voter can, without interference and in secrecy, mark the ballot papers and place them into an envelope for voting by post. The election observers who have certificates permitting to observe voting in any polling district may observe voting.

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

6. Voting in secrecy, the voter shall:

1) mark the ballot papers;

2) place the marked ballot papers  into  the  ballot paper envelope;

3) seal the ballot paper envelope;

4) place the ballot paper envelope into the covering envelope together with the voter certificate;

5) seal the covering envelope.

7. Voters who are not able due to the state of health to come to vote at a post office or a polling station on a polling day, may vote by post at home. The following may be entered on the list of voters voting at home: invalids of Group I, invalids of Group II with motor disabilities and persons with temporary working incapacity, as well as persons who have attained the age of 70 years; such persons must submit a request to ensure an opportunity to vote at home, indicating that they are not able to come to a post office or a polling station on a polling day. Electoral committees shall have the right to obtain data about invalids of Group I, invalids of Group II with motor disabilities from the Board of the State Social Insurance Fund or its territorial branches, and the data about the persons with temporary working incapacity – from health care institutions. Electoral committees may not disseminate such data and may use the data only for drawing up lists of voters voting at home. Persons responsible for dissemination of the data shall be held liable under law. Electoral committees of polling districts shall, not later than 2 days before the commencement of voting by post, draw up a list of voters voting at home in accordance to applications to ensure an opportunity to vote at home, filled out by voters. The Central Electoral Committee shall establish the form of an application. With the consent of the chairman of a municipal electoral committee or a member of the municipal electoral committee authorised by the chairman, the electoral committees of the polling districts may supplement a list of voters voting at home, if they receive applications of the voters entitled to vote at home, to ensure an opportunity to vote at home not later than 3 days before elections. Voters’ applications to ensure an opportunity to vote at home must be confirmed by heads of municipal social care and guardianship or health care institutions, or the authorised officers of the said institutions. Applications to ensure an opportunity to vote at home shall be appended to a list of voters voting at home, drawn up by an electoral committee of a polling district. Officers who have made unjustified approval of or unjustified refusal to approve voters’ applications to ensure an opportunity to vote at home, shall be held liable under law.   

8. The covering envelopes, ballot paper envelopes, and ballot papers shall be delivered at least 2 days prior to the election by a postman to the homes of voters. A concrete schedule of postmen’s arrival to the homes of voters must be approved by the head of a post office not later than 12 noon, its copy shall be put on an announcement board and may be implemented only on the day following the approval. If electoral committee members wish to come to the voter’s home together with a postman, there must be not less than 2 of them; election observers may also arrive at the voter’s home. Postal workers, electoral committee members or other persons may not deliver covering envelopes, ballot paper envelopes and ballot envelopes to the homes of the voters who are not entered on the list of voters voting at home.

9. The sealed covering envelope (with the voter certificate, ballot paper envelope and ballot papers placed in it) the voter may:

1) hand to a postal worker;

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

3) put into a post-box.

10. When a voter votes at home, it shall be prohibited to exert influence on his determination and to urge him to vote. The voter shall himself mark, in secret, the ballot paper, place the ballot paper in the ballot paper envelope, seal such envelope, place the ballot paper envelope and the voter certificate in the covering envelope and seal such envelope. On the request of the voter who, by reason of his physical disability, is unable to do this himself, the person chosen by him (except the postman, electoral committee member or observer) shall assist him in doing so.  The said person must keep the voting secret. The voter may hand the sealed covering envelope to the postman or to send it on the same day or another day.

11. It shall be prohibited to accept from the voter a covering envelope which is not sealed.

Article 66. Voting in Diplomatic Missions

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 election documents from him by post.

2. By the advice the Ministry of Foreign Affairs, the Central Electoral Committee shall compile a list of diplomatic missions (consulates) in which voting shall be conducted and shall establish voting days (no less than 10) for each diplomatic mission  (consulate).

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

Article 67. Voting on a Ship

1. Voting shall take place aboard a ship which sails under the flag of the Republic of Lithuania, with which the radio communication is maintained and on which there are no less than 10 voters (crew members and passengers), provided that the ship leaves a port of the Republic of Lithuania at least 5 days prior to an election and does not return until the polling day, 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 polling district, by post or in a diplomatic mission.

2. The list of ships on which voting takes place shall be drawn up and the time of voting on each ship shall be fixed by the Central Electoral Committee by the advice 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 of the Republic of Lithuania or a citizen of any other Member State of the European Union permanently residing in Lithuania, shall be responsible for the organisation of voting on 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 68. Organisation of 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. In diplomatic missions (consulates) 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 mission or the consulate of the Republic of Lithuania, or from other citizens of the Republic of Lithuania residing in that foreign state. The Central Electoral Committee shall prescribe a manner of taking written oaths by polling committee members.

3. Polling committees on ships shall be formed by the ship captain, taking into consideration the decision adopted at the meeting of the ship crew who are citizens of the Republic of Lithuania and citizens of any other Member States of the European Union permanently residing in Lithuania.

4. The Central Electoral Committee shall establish the procedure for voting, vote counting and submitting records to the Central Electoral Committee as well as the procedure for issuing certificates to election observers.

Article 69. 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 elections the municipal electoral committee shall: by the advice of heads of medical treatment facilities, institutions of social guardianship and care draw up a list of special post offices; by the advice of the head of the post offices establish the working hours of these post offices. The head of the institution shall allot the premises 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 or inmates of medical treatment facilities and institutions of social guardianship and care who are able to move shall vote themselves in the polling place in accordance with the procedure set forth in Article 65 of this Law.

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

4. The voter must, in secret, personally mark the ballot paper and place it in the envelope for voting by post. If necessary, he may be assisted by an individual (except an employee of that institution or facilities, a postman, a member of the electoral committee, or an election observer) whom he trusts.

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

6. It shall also be prohibited to disturb an individual for the purpose of voting, if the commission 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 70. 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 69.

2. If possible, commanders of military units shall provide conditions for servicemen to vote in polling districts of their permanent place of residence.

3. Each voter must be provided with an opportunity to vote in a special post office, a post office or a polling district of his permanent place of residence.

Article 71. Voting in Corrective Institutions and Pre-trial Detention Institutions

1. Special post offices designated for voting shall be established in corrective institutions and pre-trial detention institutions, as established in Article 69.

2. In accordance with the procedure set forth in the laws, heads of corrective institutions may allow sentenced persons to vote in polling districts of their permanent place of residence.

3. Each voter must be provided with an opportunity to vote in a special post office, a post office or a polling district of his permanent place of residence.

CHAPTER X

COUNTING OF VOTES

Article 72. Counting of Envelopes for Voting by Post and Ballot Papers in Post Offices

1. Accounting of envelopes for voting by post and ballot papers shall be kept by the head of the post office, indicating the accounting in a journal specially designated for this purpose in accordance with the procedure established by the Central Electoral Committee.

2. The post office head shall deliver unused envelopes for voting by post and ballot papers to the municipal electoral committee one day prior to elections.

3. The post office shall deliver envelopes for voting by post containing ballot papers marked by voters to electoral committees of polling districts on the polling day, but not later than 2 hours before the close of the polls.

4. The Central Electoral Committee shall keep accounting of envelopes for voting by post and ballot papers in the Republic of Lithuania.

Article 73. Organisation of Work of a an Electoral Committee of a Polling District Concerning Vote Counting

1. The chairman of the electoral committee of the polling district shall organise and direct vote counting in the committee. His instructions when counting votes shall be mandatory and all persons present in the polling station must adhere to them. He must ensure that votes would be counted in accordance with the established procedure and shall have the right to warn any person present in the polling station if he hinders the committee in its work or does not perform his duties properly. The committee chairman shall publicly announce such a decision. The decision shall be entered into the vote counting record of the polling district, and shall be signed by the committee chairman. The decision must be enforced without delay, and if necessary, the electoral committee may consider it only after the vote counting record has been signed.

2. The data which are entered into the record must be publicly announced in such a manner that all the persons participating in vote counting would hear them. If the validity of the ballot paper or the meaning of the marks in it raise doubts, the committee chairman shall present it to the committee members and shall announce voting concerning its evaluation (if there are several such ballot papers, he shall produce them one by one). The results of this voting shall be entered on the empty side of the ballot paper.

Article 74. Keeping of Records of Ballot Papers in Polling Stations

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

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

3. The polling district electoral 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 of the polling district.

Article 75. Counting of Votes of the Voters who Have Voted in the Polling Station of the Polling District

1. The polling district electoral committee, in the presence of at least 3/5 of its members, shall inspect the ballot box of the polling station whether the seals have not been broken and whether there are no other evidences which indicate that it could have been opened or that ballot papers could have been removed in any other way. The electoral 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, the ballot box shall be packed up, the package shall be put under seal and votes shall not be counted. The ballot box shall be delivered to the municipal electoral committee. The municipal electoral committee shall adopt a decision concerning counting of votes of this ballot box.

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 election observers, it shall be opened, all ballot papers shall be placed on tables on which there must not be any other documents and writing materials (except black lead pencils), and the committee shall start counting votes. Ballot papers shall be sorted out into valid and invalid ballot papers. Valid ballot papers shall be divided into groups according to the marks made in them by voters. Each group of ballot papers must be recounted at least two times. For the second time ballot papers must be counted by other members of the committee. Ballot papers which do not hold necessary attributes (irregular ballot papers, unsealed or sealed with a seal of an electoral committee of another polling district, etc.) must, if found, be separated from the rest of the ballot papers. The municipal electoral committee shall be immediately informed about such ballot papers and such fact must be entered into the vote counting record of the polling district. Counting results must be proclaimed and entered into the record, counted ballot papers put into a special envelope (envelopes) which is sealed and safeguarded. After the electoral committee establishes how many votes have been cast by voters who voted in the polling station of the polling district for lists of candidates, counting of votes received by post shall commence.   

3. Ballot papers from the marking whereof it is possible to establish which list of candidates a voter voted for, but it is impossible to establish what kind of opinion he expressed regarding the candidates from the list he voted for, may not be declared invalid only because of this reason. If a voter has not indicated the election number of a candidate in the ballot paper, indicated a non-existing election number of a candidate, as well as when it is impossible to define voter’s will from the inscription or inscriptions, preference vote or votes in the special space (spaces) of the second part of this ballot paper shall not be counted. If the election number of the same candidate is written down two or more times, only one vote shall be counted in accordance with this ballot paper.

4. A decision regarding the declaration of a ballot paper invalid or in the presence of dispute between committee members concerning the assessment of marks in the ballot paper shall be adopted by the electoral committee by way of voting. The result of such voting shall be indicated on the other side of the ballot paper.

5. Votes shall be counted in such a way that this procedure, marks of voters in the ballot papers may be observed by all the persons present during the counting of votes, and they would be able to make sure that votes are counted justly and fairly. The electoral committee must recount the votes if at least one committee member or election observer requests so before the signing of the vote counting record of the polling district.

6. The Central Electoral Committee shall establish the concrete procedure for counting ballot papers and votes not later than 14 days before the elections.

Article 76. Keeping of the Records of Voters who Have Voted by Post and the Counting of their Votes and Preference Votes for the Candidate

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

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

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

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

4) in the voter  list of  the polling district, the words "voted by post" or “VBP” shall be written by the surname of the voter whose vote has been received by post;

5) the sealed ballot paper envelope shall be cast into the ballot box prepared and sealed 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 ballot paper envelopes shall be opened. If there is more than one ballot paper in the ballot paper envelope, all ballot papers in the envelope shall be considered invalid. Then the votes received by post shall be counted according to the requirements of Article 75.

2. If only one sealed ballot paper envelope for voting by post is in the polling district (committee), it, in order to protect the secrecy of voting, shall not be opened, and shall be handed over to the electoral committee which has formed this committee, which shall enter the results of the voting in its vote counting record.

3. After votes cast in a polling station and by post for lists of candidates have been counted, all data have been entered into the first part of the vote counting record of the polling district, the record and the first part of the record have been signed by the committee members, chairman and election observers, and the polling district electoral committee has announced to the municipal electoral committee that the votes for lists of candidates were counted, the polling district electoral committee may commence counting preference votes cast for candidates. The polling district electoral committee may decide to count preference votes at once or, with the consent of the chairman of the municipal electoral committee, to count them at another time, but not later than within 24 hours. If it is decided to count preference votes at another time, the ballot papers to be counted shall, in a manner prescribed by the Central Electoral Committee, be transferred in a special envelope for safekeeping to the municipal electoral committee. In this case, the municipal electoral committee, after it has accepted election documents from the polling district electoral committee, must adopt one of the following decisions on the counting of preference votes in the ballot papers transferred to it:

1) to return ballot papers and to instruct the polling district electoral committee from which it has got the preference votes to count such votes;

2) to change the decision of the polling district electoral committee from which the election documents have been received, regarding the counting of preference votes and to instruct the electoral committee of another polling district to count preference votes or to count preference votes itself. In this case, the municipal electoral committee must set the place and time of counting preference votes.

4. If the electoral committee of the polling district counts preference votes at another time or recounts ballot papers, it shall, in the presence of at least 3/5 of the members, check whether the special envelope (envelopes) has not been opened. If the polling district electoral committee adopts a decision that the envelope has been tampered with or its contents have been changed, an act shall be drawn up concerning this fact, the envelope shall be packed, the package shall be sealed and the votes shall not be counted. The package shall be delivered to the municipal electoral committee. The Central Electoral Committee shall be immediately notified about this. The municipal electoral committee shall adopt a decision pertaining to the counting of the votes which are in the package. Upon having ascertained that the envelope has not been tampered with, counting of preference votes shall commence. Information on the time and place of the counting of preference votes as well as in the event when the municipal electoral committee decides to recount ballot papers, must, not later than one hour before the commencement of the counting, be announced on two notice boards: one installed in the building in which the headquarters of the municipal electoral committee is situated, and the other in the premises in which preference votes shall be counted. When counting preference votes, election observers may attend and a police officer must be on duty. All ballot papers shall be put on tables on which no there must not be any other documents and writing materials (except black lead pencils), and the committee shall check if there are all the ballot papers from which preference votes must be counted. The concrete procedure of preference votes counting shall be established by the Central Electoral Committee not later than 7 days prior to elections. Preference votes must be counted in such a way that such procedure might be observed by all the persons present during the counting of votes and would be able to ascertain that votes are counted fairly and justly. Counted votes shall be recorded in the second part of the vote counting record of the polling district, the ballot papers shall be packed, the package shall be sealed and transferred to the municipal electoral committee.

Article 77. Vote Counting Records of the Polling District

1. In each polling district the vote counting record of the polling district shall consist of two parts.

2. The first part of the vote counting record of the polling district shall include the following:

1) the number of voters in the polling district;

2) the number of ballot papers received from the municipal electoral committee;

3) the number of ballot papers delivered to each member of the committee, the number  of ballot papers delivered to voters, the number of voters' signatures in the electoral roll of the polling district, the number of voter certificates, the number of arrival cards, and the number of unused and spoiled ballot papers;

4) the number of annulled ballot papers;

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

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

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

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

9) the number of votes found in the ballot box which have been separately cast for a list of candidates nominated by each party (their coalition);

10) the number of envelopes received by post, the number of sealed ballot paper envelopes; the number of unsealed ballot paper 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 votes received by post for a list of candidates nominated by each party (their coalition);

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

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

16) the total number of votes cast for a list of candidates nominated by each party (their coalition).

3. The number of the voters of the polling district shall be established according to the electoral rolls of the polling district. The number of the voters who have been delivered the ballot papers, shall be established according to the voters’ signatures in the electoral roll of the polling district, proving that the ballot papers have been received. The number of the voters who have voted in the polling district shall be established according to the number of the ballot papers lawfully delivered to voters by the electoral committee of that polling district and found in the ballot box of the polling district. The total number of the voters who have participated in the elections in the polling district shall be established by adding the number of the ballot papers found in the ballot boxes to the number of the ballot papers received by post and counted.

4. If more ballot papers are found in the ballot box than it has been delivered to voters, the electoral committee of the polling district shall take measures to discover the causes. This shall be entered in the vote counting record of the polling district, indicating the number of extra ballot papers, which were found.

5. After all data have been entered into the first part of the vote counting record of the polling district and all ballot papers have been put into sealed packages and the special envelope (envelopes) for preference votes to be counted, the vote counting records of the polling district shall be signed by the chairman and members of the polling district committee. After that the election observers shall sign the records.  Their remarks, the separate opinions of the committee members shall be appended to the records and shall be an integral part thereof.

6. The second part of the vote counting record of the polling district shall contain the following information:

1) the number of counted ballot papers;

2) the number of ballot papers in which voters have not indicated preference votes;

3) the number of preference votes cast for each candidate;

4) the sum total of preference votes received by all candidates;

5) other vote counting data established by the Central Electoral Committee necessary when checking if the votes cast by the voters have been counted accurately.

7. After all data have been entered into the second part of the polling district vote counting record and all counted ballot papers have been put into sealed packages, this part of the polling district vote counting record shall be signed by the chairman and members of the polling district electoral committee. After that the election observers shall sign the second part of the said record.  Their remarks, the separate opinions of the committee members shall be appended to the second part of the record and shall be an integral part thereof. If when counting preference votes the polling district electoral committee or the municipal electoral committee establishes that the data recorded in the first part of the vote counting record are inaccurate, a record shall be drawn up to correct the mistake. The second part of the record and ballot papers shall be returned to the municipal electoral committee. The municipal electoral committee shall adopt a decision concerning the mistake.

Article 78. Invalid Ballot Papers

1. Invalid ballot papers shall be:

1) non-standard ballot papers;

2) ballot papers sealed with the seal of the electoral committee of the wrong polling district (ballot papers received by post - without the seal of the municipal electoral committee);

3) those ballot papers on which the voter has marked more than one list of candidates or has not marked any list of candidates, or it is impossible to ascertain the voter’s will from the mark made thereon.

2. The decision to declare a ballot paper invalid in the event of dispute among the committee members as to the assessment of markings on the ballot paper, shall be made by the electoral committee of the polling district by voting. The voting results shall be indicated on the other side of the ballot paper. If the polling district electoral committee declares the ballot papers invalid in accordance with subparagraphs 1 or 2 of paragraph 1 of this Article, it shall immediately inform the municipal electoral committee about this.

Article 79. The Presentation of Documents of the Polling District to the Municipal Electoral Committee

1. The polling district electoral committee shall put all ballot papers, as well as invalid and unused ballot papers, other election documents into packages, inventory them and affix the seal to them in the manner prescribed by the Central Electoral Committee. The packages together with the vote counting record of the polling district and its annexes, electoral rolls, records of the polling district electoral committee and financial documentation for the whole period of its work shall be delivered to the municipal electoral committee within 12 hours of the close of polls, unless the Central Electoral Committee provides otherwise.

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

Article 80. The Counting of Votes in the Municipal Electoral Committee

1. The municipal electoral committee shall accept the documents delivered by the polling district electoral committee and shall check:

1) whether all required documents and packages with ballot papers have been delivered;

2) sealing and descriptions of the packages (whether the description is full and correct);

3) whether all data have been entered in the vote counting records of the polling district; if they do not contradict one another; if they correspond to the data available to the municipal electoral committee (the number of ballot papers issued to the polling district electoral committee, the number of voters, the number of covering envelopes received by post, data on the votes cast by voters for lists of candidates, which are indicated in the first and second parts of the vote counting record, etc.); if there are all necessary signatures; whether all separate opinions of the polling district committee members, remarks of election observers are appended to the record in which they are specified;

4) whether all remarks and complaints of voters have been considered in the polling district electoral committee.

2. The municipal electoral committee shall immediately report the data of the vote counting record of the polling district, its comments concerning the documents submitted by the polling district committee to the Central Electoral Committee in the manner prescribed by it, and shall ensure the safety of submitted documents.

3. The packages sealed by the polling district committees, which contain ballot papers or other election documents, may be opened in the municipal electoral committee only by decision of the municipal electoral committee. The municipal electoral committee may recount the ballot papers of the polling district committee or instruct the polling district committee, from which it has received the ballot papers, to recount the said ballot papers, or instruct another polling district committee to recount the ballot papers. When recounting votes, electoral committees must act in compliance with paragraph 4 of Article 76 of this Law.

4. Upon establishing deficiencies of the documents submitted by the polling district electoral committee, the municipal electoral committee shall take measures to eliminate the deficiencies, request the chairman of the polling district electoral committee to submit the missing documents.

5. The municipal electoral committee shall count the votes in the following manner: it shall sum up the figures submitted by polling district electoral committees and shall add to them the votes cast by the voters by post, which have been counted in the municipal electoral committee.

Article 81. Vote Counting Records of the Municipality

1. According to vote counting records, ballot papers and other election documents of the polling districts, the municipal electoral committee shall establish and enter into the municipal vote counting record the following:

1) the number of voters who participated in the elections in the municipality;

2) the number of the invalid ballot papers in the municipality, as well as the vote counting data established by the Central Electoral Committee, necessary when checking if the votes cast by voters have been counted precisely;

3) the number of valid ballot papers in the municipality;

4) the number of votes cast for each list of candidates;

5) the number of preference votes cast for each candidate.

2. The chairman and the members of the municipal electoral committee shall sign the municipal vote counting record only after considering separate opinions of the members of the electoral committees of the polling districts, remarks of election observers and complaints of voters. The municipal electoral committee may recommend the Central Electoral Committee to declare the election in the municipality invalid.

Article 82. Submitting of Vote Counting Documents of the Municipality to the Central Electoral Committee

All documents (except financial documentation) received from polling districts, voter lists, the vote counting record of the municipality, the minutes of the sittings of the municipal electoral committee for the whole period of the activities and other election documents shall be placed into special packages and sealed by the municipal electoral committee. The packages shall be delivered to the Central Electoral Committee within the time period established by the Central Electoral Committee.

Article 83. The Participation of Election Observers in the Counting of Votes and Establishment of Election Results

1. The election observers and also representatives of the mass media may participate in the counting of votes in polling districts and municipalities, and also in the establishment of election results in municipalities.

2. The election observers shall have the right to make remarks and claims to the electoral committees concerning the violations of this and other laws of the Republic of Lithuania, but they must not hinder the work of electoral committees. The election observers shall have the right to make a written protest to the polling district committee, which is appended to the vote counting record of the polling district and delivered to the municipal electoral committee together with other election documents of the polling district. The protest of the election observer to the municipal electoral committee shall be appended to the municipal vote counting record. That electoral committee to whom they have been filed shall consider the protests.

Article 84. Proclamation of the Preliminary Election Results

1. Only the Central Electoral Committee may proclaim preliminary election results. If the municipal electoral committee delivers the preliminary data of the election results in all polling districts, the Central Electoral Committee must immediately prepare a report to the mass media. This report shall be announced in the Internet in the first place, but no earlier than the close of the polls at the elections in all Member States of the European Union.

2. The representatives of the mass media shall be prohibited from disseminating the information about the vote counting or election results by video or sound recording equipment, orally, in writing, or otherwise, until the announcement of the report of the Central Electoral Committee.

 Article 85. Complaints against the Decisions of Electoral Committees which Have Been Adopted after the Close of the Poll

1. Parties which have nominated candidates, their representatives for elections, election observers may appeal against the decisions of polling district electoral committees concerning the drawing up of vote counting records to the municipal electoral committee not later than within 24 hours of their drawing up. These complaints must be investigated no later than within 24 hours of the submitting of such claims to the committee.

2. The decisions of the municipal electoral committee concerning vote counting records may be appealed against to the Central Electoral Committee no later than within 72 hours following their drawing up and must be considered before the official announcement of the final election results.

3. While investigating complaints against the decisions of polling district electoral committees concerning the drawing up of vote counting records, municipal electoral committees, in the presence of at least 3/5 of the committee members, may recount ballot papers which are presented by the polling district electoral committee, and, in the event of an arithmetical error in the records, incorrectly calculated valid and invalid ballot papers, the committees shall draw up an additional vote counting record of the polling district and append it to the vote counting  record  of  the  polling district. The municipal electoral committee shall not have the right to nullify the vote counting records of the polling district electoral committee.

4. While investigating the complaint against the decision of the municipal electoral committee concerning the drawing up of the municipal vote counting record, the Central Electoral Committee may recount ballot papers which are presented by the municipal electoral committee (or to instruct another municipal or polling district electoral committee to do so), and, in the event of an arithmetical error in the record, incorrectly calculated valid or invalid ballot papers, shall draw up an additional  vote counting  record of the municipality, the polling district and append it to the vote counting record of  the municipality.

5. Parties which have nominated candidates and their representatives for elections in the Central Electoral Committee may appeal against the decisions of the Central Electoral Committee or against the refusal of the Central Electoral Committee to investigate complaints about the violations of this Law not later than within 3 days after the official announcement of the election results, to the Higher Administrative Court of Lithuania. The Higher Administrative Court of Lithuania shall, not later than within 3 days, investigate such complaints. Its decision shall become effective from the moment of its pronouncement.

CHAPTER XI

ESTABLISHMENT AND PROCALMATION OF ELECTION RESULTS

Article 86. The Establishment of Election Results

1. A list candidates of the party or a joint list of candidates may receive mandates of members of the European Parliament (takes part in the distribution of mandates) only if not less than 5 percent of the voters participating in the elections voted for it. If less than 60 percent of all voters who participated in the election have voted for the lists of candidates, the list of candidates (lists of candidates if an equal amount of votes has been cast for them) which has not taken part in the distribution of mandates up till then, for whom the majority of voters have voted shall acquire the right to take part in the distribution of mandates. The number of lists of candidates which have the right to participate in the distribution of mandates shall be further increased in the same manner until not less than 60 percent of all the voters who participated in the election shall have voted for the lists of candidates participating in the distribution of mandates.

2. Mandates for lists of candidates shall be distributed according to the number of votes received by each of them, applying the method of quotas and remainders.

3. At first, the quota shall be counted, that is, how many votes are needed to receive 1 mandate. It shall be equal to the sum of votes, divided by the number of members of the European Parliament which are being elected, cast by voters for the lists participating in the distribution of mandates. If when dividing, a remainder is received, 1 shall be added to the quotient.

4. A list of candidates shall receive mandates if the number of votes cast for it is not less than the quota. The amount of votes cast for each list of candidates shall be divided by the quota. The received integer quotient shall be the number of mandates for each list according to the quota and the remainders of this division shall be used to distribute the remaining mandates in accordance with the remainders for those lists which have received mandates according to the quota. Therefore, all names of the lists which have received mandates (mandate) according to the quota, shall be written down in succession in which the first follows the last, according to the size of the remainders of the dividing received by the lists, beginning with the largest. If the remainders of two lists are equal, the first written down shall be the list which have received more votes of voters and if these numbers are also equal, the first written down shall be the list which possesses the smaller election number. The mandates which have not been distributed when distributing by the method of quotas shall be distributed by one to the lists according to the succession, beginning with the list which was written down first.

5. If one of the lists received the larger number of mandates than there were candidates on the list, these mandates would be distributed to other lists, further continuing the dividing thereof by the method of remainders.

6. Candidates of the same list shall receive mandates in the order which is established according to the preference votes cast by voters, after the Central Electoral Committee has counted the election rating of candidates.

7. If the party, coalition submits together with the application documents the request that their rating should not be established, voters shall be notified about this in advance, indicating this in a ballot paper and the rating of candidates shall not be counted, and the registered sequence of candidates on the list shall be considered final.

Article 87. Counting of the Election Rating of Candidates and Establishment of the Final Order of Succession of the Lists of Candidates

1. The Central Electoral Committee shall calculate the election rating of candidates and shall establish a final order of succession of the candidate in the lists in accordance with the opinion expressed by voters and preference votes cast.

2. At first preference votes cast for each candidate shall be summed up. In the event when the sum total of the candidate’s preference votes is bigger than the number of members of the European Parliament who are being elected or such sum is equal to the said number, election rating of the candidate shall be equal to that sum, if it is smaller - election rating of the candidate shall be considered to be equal to zero.

3. The final order of candidates the lists shall be established according the points of the rating received by each candidate. The first written down in the succession shall be the candidate who have received more points of the election rating. In the event that several candidates receive the equal amount of the election rating points, then the first written down shall be the candidate whose election number is smaller.

4. The Central Electoral Committee shall announce the final succession of candidates on the list.

Article 88. The Declaration of the Election Invalid

1. The Central Electoral Committee may declare the election results invalid if it establishes that severe violations of this Law which were committed in the municipality or polling district, the falsification of documents or the loss thereof had an essential influence on the election results, and the lists of candidates participating in the distribution of mandates cannot be determined from the vote counting records or other election documents or the number of mandates due to the list of candidates can be determined at the exactness of only more than one mandate.

2. The election may not be declared invalid if the indisputably determined election results allow determining essential election results.

Article 89. Establishment and Proclamation of the Final Election Results

1. The Central Electoral Committee shall establish the final election results after it has investigated all complaints and established all election results, including of the votes of the voters who have voted on ships and abroad.

2. The Central Electoral Committee shall proclaim the final election results not later than within 7 days following the election. It shall first of all announce these results in the Internet and shall publish in the next issue of the Valstybės žinios  (the Official Gazette).

3. The Central Electoral Committee shall within four months transfer the vote counting records of polling districts and municipalities, application documents, minutes of the sittings and the decisions of the Central Electoral Committee, as well as the collection of samples of election documents to the State Archives for unlimited safekeeping. After that it may decide to destroy the election documents which are not subject to safekeeping.

Article 90. The Certificate of a Member of the European Parliament

1. After the proclamation of election results the Central Electoral Committee shall, within 7 days, issue certificates of member of the European Parliament elected for the Republic of Lithuania to the elected candidates. The Central Electoral Committee shall notify the institutions of the European Union about the election results and the names of the elected members of the European Parliament.

2. All disputes concerning the non-issuance of the certificate of members of the European Parliament shall, not later than within 3 days, be settled by the Higher Administrative Court of Lithuania. The decision of the said Court shall become effective from the moment of its pronouncement.

Article 91.  Recognition of the Lapse of the Powers of a Member of the European Parliament

The Central Electoral Committee shall recognise the lapse of the powers of a member of the European Parliament not later than within 15 days after the occurrence of a cause for it:

1) upon the death of a member of the European Parliament - according to a notarised copy of the death certificate;

2) upon the resignation of a member of the European Parliament - according to the resignation statement written by the member of the European Parliament himself. The member of the European Parliament must repeat this statement himself during a sitting of the Central Electoral Committee. If because of the state of heath the member of the European Parliament is unable to attend the sitting, the sitting shall be held in the place where the member of the European Parliament is in the Republic of Lithuania;

3) when the court declares a member of the European Parliament legally incompetent - according to the effective decision of the court;

4) when the European Parliament withdraws a mandate of Member of the European Parliament in accordance with the procedure established by the regulations of the European Parliament – in accordance with the effective decision of the European Parliament;

5) when a mandate of Member of the European Parliament is lost because of the failure to disclose the candidate’s collaboration with the special services of other states, or the sentence imposed by court judgement according to Article 93 of this Law, or the incompatibility of a mandate of Member of the European Parliament and the duties according to Article 94 of this Law.

Article 92. Filling a Vacant Seat in the European Parliament 

Upon the recognition of the lapse of the powers of a member of the European Parliament, a seat falls vacant in the European Parliament. The first candidate, who has not received the mandate of Member of the European Parliament, from the list of candidates according to which the former member of the European Parliament was elected shall become a member of the European Parliament. If there are no candidates on this list of candidates who have not received mandates of members of the European Parliament, the mandate of Member of the European Parliament shall be transferred to another list according to the sequence of the lists of candidates which was established after the election for the distribution of mandates by the method of remainders, that is to the list following the list which was the last to receive the mandate according to this sequence. So the first candidate, who has not received the mandate of Member of the European Parliament, on the list which has newly received a mandate shall become a member of the European Parliament. The Central Electoral Committee must adopt the decision concerning recognition of the mandate of Member of the European Parliament for a new member of the European Parliament not later than within 7 days after the a seat falls vacant in the European Parliament.

Article 93. Requirement to Disclose to Voters the Candidate’s Collaboration with the Special Services of other States and Earlier Conviction Imposed by Court’s Ruling

1. Each candidate must make a public disclosure of his deliberate collaboration with the special services of other states, provided that he was not thereby carrying out the assignments of his home Member State, except for the candidates who are the citizens of other Member States of the European Union, permanently residing in Lithuania and who collaborated with the special services (service) of their home Member State. He shall indicate this fact in the questionnaire for a candidate for the European Parliament. A poster with the list of candidates, issued by the Central Electoral Committee, must contain the following notice beside the surname of the candidate: “Has deliberately and not on the instruction of his home Member State collaborated with the special services of another state”.

2. If the candidate fails to indicate this and there is a valid court sentence which has established a fact having juridical meaning (or this fact has been confirmed by the candidate himself in the manner prescribed by law) that he with full awareness collaborated with the special services of other states which was not related to carrying out the assignments of his home Member State, the Central Electoral Committee shall not register him as a candidate; where it has already registered him a candidate, the Central Electoral Committee shall immediately cancel his registration as a candidate. If the candidate has not indicated it and after the election the Higher Administrative Court of Lithuania recognises in the manner prescribed by law that he deliberately collaborated with the special services of other states which was not related to carrying out the assignments of his home Member State, the Central Electoral Committee must, within 5 working days after the coming into effect of the court’s decision, acknowledge that the said person has lost a mandate of Member of the European Parliament, announce the said fact in the Internet and the next issue of the Valstybės žinios  (the Official Gazette), as well as notify the European Parliament about this. A vacant seat in the European Parliament shall be filled in accordance with the procedure established in Article 92 of this Law.

3. Each candidate must make a public disclosure that under the sentence of the court of the Republic of Lithuania or any other Member State of the European Union, which became effective during the last 10 years before the fixed date, he was found guilty for committing a criminal act under the effective court judgement was at any time found guilty for committing a minor or major crime. He shall indicate this fact in the questionnaire for a candidate for the European Parliament, regardless of whether the conviction has expired or has been annulled. A poster with the list of candidates, issued by the Central Electoral Committee, must contain the following notice beside the surname of the candidate: “Has been found guilty by the court judgement for committing a crime”.

4. If the candidate has not indicated the sentence imposed on him by the court judgement, as required in paragraph 3 of this Article, and a court judgement of the Republic of Lithuania or any other Member State of the European Union by which a person has been found guilty for committing a criminal act has become effective during the last 10 years prior to the fixed date, or a court judgement by which a person has been found guilty at any time for committing a minor or major crime has become effective, the Central Electoral Committee does not register such person as a candidate, or if it has already registered him as a candidate, it shall immediately cancel his registration. If the candidate failed to disclose this fact and, following the elections, it has been established that there is a sentence of the court of the Republic of Lithuania or any other Member State of the European Union, effective during the last ten years prior to the fixed date, by which a person has been found guilty for committing a criminal act, or a court judgement by which a person has been found guilty at any time for committing a minor or major crime, has become effective, the Central Electoral Committee shall, within 15 days, submit copies of the court judgement and the questionnaire of a candidate for a member of the European Parliament to the Higher Administrative Court of Lithuania for it to adopt a decision by which a person is found guilty of having violated the requirements of paragraph 3 of this Article. If the Higher Administrative Court of Lithuania adopts a decision to find a person guilty of having violated the requirements of paragraph 3 of this Article, the Central Electoral Committee must, within 5 working days after the coming into force of the court decision, declare that this person has lost a mandate of Member of the European Parliament, announce the said fact in the Internet and the next issue of the Valstybės žinios  (the Official Gazette), as well as notify the European Parliament about this. A vacant seat of a member of the European Parliament shall be filled in accordance with the procedure established in Article 92 of this Law.

Article 94. Incompatibility between a Mandate of Member of the European Parliament with Certain Duties

1. A mandate of Member of the European Parliament shall be incompatible with the duties of Member of the Seimas of the Republic of Lithuania and the duties of a member of the Government of the Republic of Lithuania. Moreover, a mandate of Member of the European Parliament shall be incompatible with the office held in the institutions of the European Union specified in legal acts of the European Union.

2. The person performing the duties specified in paragraph 1 of this Article, elected a member of the European Parliament or upon becoming such member by filling a vacant seat in the European Parliament, must decide and resign from the office which is incompatible with a mandate of Member of the European Parliament, or resign from the office of Member of the European Parliament. A person who has been elected to the European Parliament or has become a member of the European Parliament by filling a vacant seat, and who decides to resign from the office of Member of the European Parliament, must resign in accordance with the procedure established in subparagraph 2 of Article 91 of this Law not later than 15 days prior to the first sitting of a newly elected European Parliament or not later than within 15 days from the date on which the Central Electoral Committee adopted a decision regarding the acknowledgement of his mandate.

3. Where a person elected to the European Parliament fails to resign during the set time limit or a person referred to in paragraph 1 of this Article assumed the duties of Member of the European Parliament, the Central Electoral Committee must, within 5 working days after it became aware of the incompatibility between a mandate of Member of the European Parliament with the office held, acknowledge by a reasoned decision that such person has lost a mandate of Member of the European Parliament, and must announce the said fact in the Internet and the next issue of the Valstybės žinios  (the Official Gazette), as well as notify the European Parliament about this. A vacant seat of a member of the European Parliament shall be filled in accordance with the procedure established in Article 92 of this Law.

4. Complaints concerning the loss of a mandate of Member of the European Parliament shall be filed with the Higher Administrative Court of Lithuania within 10 days of the publication of an announcement of the Central Electoral Committee in the Valstybės žinios  (the Official Gazette), and must be considered not later than within 3 days of the receipt thereof. Complaints filed with the court after the expiration of the time limit shall not be considered. Court decision regarding the said issues shall become effective from the date of their adoption.

I promulgate this Law passed by the Seimas of the Republic of Lithuania.

PRESIDENT OF THE REPUBLIC  ROLANDAS PAKSAS

Annex to Law of the Republic of Lithuania

No. IX-1837 of 20 November 2003

IMPLEMENTED LEGAL ACTS OF THE EUROPEAN UNION

1. 76/787/ECSC, EEC, Euratom: Decision of the representatives of the Member States meeting in the council relating to the Act concerning the election of the representatives of the Assembly by direct universal suffrage.

2. Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals

3. European Parliament resolution of 15 July 1998 on a proposal for an electoral procedure incorporating common principles for the election of Members of the European Parliament.

4. European Parliament Recommendation (A5-0212/2002) of 30 May 2002 on the draft Council decision amending the Act concerning the election of representatives of the European Parliament by direct universal suffrage.

5. 2002/772/EC,Euratom: Council Decision of 25 June 2002 and 23 September 2002 amending the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to Decision 76/787/ECSC, EEC, Euratom.

6. European Parliament: Rules of procedure of February 2003.