Law on Elections to Municipal Councils (1994, as amended 2007)

Official translation

REPUBLIC OF LITHUANIA

LAW

ON ELECTIONS TO MUNICIPAL COUNCILS

7 July 1994, No I-532

(As last amended on 18 January 2007 ─ No X-1045)

FIRST CHAPTER

GENERAL PROVISIONS

Article 1. The Fundamentals of Elections of Members of Municipal Councils

1. Members of municipal councils of the Republic of Lithuania (hereafter referred to as “municipal councillors”, “councillors”) shall be elected for a four-year term in multi-member constituencies by universal and equal suffrage, in a secret ballot at direct elections according to a proportional electoral system.

2. This Law has been harmonised with the legal acts of the European Union, referred to in the Annex to the Law.

Article 2. Universal Suffrage

1. The right to elect municipal councillors shall be enjoyed by permanent residents (voters) of that municipality, who are 18 years of age on a polling day. Persons who have been declared legally incapable by the court shall not participate in elections.

2. Any permanent resident of a municipality who is at least 20 years of age on a polling day may be elected as member of the council of that municipality.

3. A permanent resident of a municipality shall be a citizen of the Republic of Lithuania who has declared his place of residence pursuant to legal acts of the Republic of Lithuania in the territory of this municipality or whose last known address of place of residence is within the territory of this municipality, or who has indicated by a public declaration his place of residence within the territory of this municipality and such a place of residence is, in a prescribed manner, regarded as his principal place of residence, as well as a person who has a permanent residence permit in the Republic of Lithuania. A person who declared his place of residence in pursuance of legal acts of the Republic of Lithuania within the territory of a municipality not later than the day of submission of application documents with a constituency electoral committee, may be elected as member of the council of this municipality.

4. Persons who, with 65 days remaining before elections, have not completed a court-imposed sentence, as well as persons who have been declared legally incapable or insane by the court may not be elected as councillors. A citizen of a foreign state whose passive voting right is restricted by the court in the state whose citizen he is, may not be elected as a municipal councillor.

5. Persons who on a polling day are in the active or alternative national defence service, as well as servicemen of professional military service or officers of statutory institutions and establishments, who, with 65 days remaining before elections, have not quitted the army or retired and whose participation in political activities are restricted in accordance with special laws or statutes, may not be elected as municipal councillors.

6. Other direct or indirect abridgements of the right to vote of permanent residents of that municipality on the grounds of their descent, political convictions, social and property status, nationality, sex, education, language, religion, type and character of their occupation shall be prohibited.

Article 3. Equal Suffrage

Every permanent resident of a municipality who has the right to elect a council shall, in a multi-member constituency within the territory whereof he resides, has one vote to cast for a list of candidates to councillors  - a vote for a list (according to the sums of the votes cast for each list in a constituency it shall be established which list receives (or does not receive) what number of mandates of municipal councillors) and five additional votes to be cast for the preference of five candidates from the list for which he has voted - preference votes (according to the sums of these votes in a constituency a place of each candidate on the list after elections shall be determined). Votes for a list and preference votes shall have the same value as the votes of any other citizen who has the right to vote in the same constituency.

Article 4. Direct Elections

There shall be no voting by proxy in elections of municipal councillors.

Article 5. Secret Ballot

1. Voters shall vote in person and by secret ballot. It shall be prohibited to vote for another person or to vote by proxy. A voter, who is unable to vote because of his physical disability, may vote with the assistance of another person whom he trusts, as it is provided for in Paragraph 8 of Article 64 of this Law. If someone gets to know the secret of another person’s voting, it shall be prohibited to divulge it.

2. It shall be prohibited to control the will of voters in elections. It shall be prohibited to influence the will of a voter to vote for or against any candidate or a list of candidates. A voter must be provided with the conditions to mark a ballot in secret and without interference. It shall be prohibited to act with a ballot in such a way that the secret of voting might be revealed.

Article 6. Prohibition to Bribe Voters

1. During election campaigning and on a polling day it shall be prohibited to directly or indirectly buy votes, to induce a voter to vote or not to vote at the elections and (or) to vote for or against a candidate or a list of candidates by offering gifts or other rewards, as well as to promise to reward the voters for voting after the elections.

2. Production or distribution free of charge to voters of printed matter (political party’s or candidate’s programme, biography or other leaflets, calendars, postcards, stickers of information character) and pins made specially for election campaign and intended for advertising a political party or candidate shall not be considered as bribery of voters.

3. The Central Electoral Committee may recognize the established facts of bribery of voters as grave violation of this Law, which leads to the consequences specified in Article 85 of this Law.    

Article 7. Announcement of Election Date

1. Members of all councils shall be elected at the same time.

2. Elections to councils shall be announced by the Seimas of the Republic of Lithuania no later than five months prior to the expiration of the powers of the councillors. If, with four months remaining before the expiration of the powers of the councillors, the Seimas of the Republic of Lithuania does not announce the date of elections to municipal councils, municipal council elections shall be held on the last Sunday from which at least a month remains before the expiration of the powers of the councillors. Elections to councils shall be held no earlier than two months and no later than one month prior to the expiration of the powers of the councillors.

3. If municipal council elections must be held in time of war, a decision concerning holding of such elections shall be adopted according to special laws or other legal acts.

4. The day when ballots are cast in polling stations of polling districts shall be considered the day of elections to municipal councils. Voting held not at polling stations (by post or in other ways covered in this Law) shall be carried out before or on the polling day as it is provided for in this Law. The term which is calculated from a polling day and may be implemented only when election results are proclaimed shall be started to be calculated from the day of proclamation of the election results.   

5. The date of run-off elections in a constituency shall be announced by the Central Electoral Committee in cases provided for in this Law no later than within 15 days from the day when the necessity to hold such elections occurred, unless otherwise provided for in this Law. It shall also announce the election date in the case specified in paragraph 2 of this Article.

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 (hereinafter referred to as "parties") and political organisations upon presenting certificates of the established form or credentials verified with the seal of the parties which have authorised them; representatives of the mass media, upon presenting their authority or service cards. A candidate for municipal councillor may participate in the meeting of an electoral committee if: a decision concerning his personal activities or circumstances directly related to his person is being adopted or if he has been invited to participate in the meeting by the chairman of the electoral committee.

3. Persons present in the conference room 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 that require walking about the room 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. The Central Electoral Committee may prohibit anyone from entering the workroom of the service staff of electoral committees, document safekeeping premises if it is necessary to guarantee undisturbed working conditions of the staff and to protect election documents.

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

6. The electoral committee may remove from the meeting 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 to municipal councils 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 premises of polling stations and the office space of constituency electoral committees and polling district committees, expenditure of purchasing and keeping of the equipment of polling stations shall be covered from municipal budgets. If the municipality 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 this purpose. In such a case, the actual expenses related to the polling station and its supplies shall be recovered without suit by the Central Electoral Committee from the municipality.

SECOND CHAPTER

CONSTITUENCIES AND POLLING DISTRICTS

Article 10. Formation of Constituencies

1. For the organisation and execution of elections on the territory of a municipality one multi-member constituency shall be formed where all voters of such municipality who have the active right to vote shall cast their votes.

2. According to the proportional system of elections, in a constituency:

1) more than 500 000 residents shall elect 51 councillors;

2) from 300 000 to 500 000 residents shall elect 41 councillors;

3) from 100 000 to 300 000 residents shall elect 31 councillors;

4) from 50 000 to 100 000 residents shall elect 27 councillors;

5) from 20 000 to 50 000 residents shall elect 25 councillors; and

6) up to 20 000 residents shall elect 21 councillors.

3. The Central Electoral Committee shall, at least 85 days prior to the elections, announce constituencies and the number of councillors to 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, which shall be permanent when organising and conducting various elections and referenda, into polling districts shall, on recommendation of the director of municipal administration, be approved and changed, where necessary, by the Central Electoral Committee. The Central Electoral Committee shall publish a list of approved polling districts, and changes made therein in the 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 when necessary, but no later than 100 days prior to the election. In his recommendation to approve the division of the territory of a municipality into polling districts, the director of municipal administration shall specify the proposed name of a polling district, the addresses comprising to the polling district, the number of voters in the district, the address and telephone number of a polling station. The recommendation on changes in the division of the territory of a municipality into polling districts shall specify the changes it proposes. These changes must be submitted to the Central Electoral committee at least 110 days prior to the election. In the event when it is impossible to have polling at the polling stations established earlier, the Central Electoral Committee may, on the recommendation of the constituency electoral committee, change the address of a polling station within a shorter time limit than the one specified in this Article.

THIRD CHAPTER

ORGANISATION OF ELECTIONS TO MUNICIPAL COUNCILS

Article 12. Electoral Committees

1. Elections to municipal councils shall be organised and conducted by:

1) the Central Electoral Committee;

2) constituency electoral committees; and

3) polling district electoral committees.

2. A citizen of the Republic of Lithuania may be proposed to an electoral committee provided he has the right to be elected as Seimas member (without taking into consideration the minimum age limit set for a candidate for Seimas member, but who is not younger than 18 years of age on polling day) and has not been removed from an electoral committee or referendum commission during the last three elections to the Seimas, office of the President of the Republic, municipal councils, or the referendum for the violations of laws on elections or the Law on the Referendum.

3. The same person cannot concurrently be a member of  the electoral committee and a candidate for councillor; a candidate for councillor and a representative of a party for elections (hereinafter referred to as “representative for the elections”); a representative for the elections and a member of the electoral committee; a candidate for councillor and an observer of the elections; a member of the electoral committee and an observer of the elections. Provided that a member of the electoral committee is willing to be a candidate for election as councillor, he must, no later than 10 days prior to giving consent to become a candidate, resign in writing from the post of a member of the electoral committee. If the member of the electoral committee has not done so, he shall be relieved from the electoral committee for the violation of this Law and shall be not registered as a candidate for councillor or shall be removed from the list of candidates.

Article 13.  Formation of Constituency Electoral Committees

1. The Central Electoral Committee shall for the period of elections form constituency   electoral committees no later than 74 days prior to the elections.

2. Constituency electoral committees shall be composed of:

1) one person who resides or works in the territory of that municipality, has higher  legal  education,  and  who  is  nominated  by  the Minister of Justice;

2) one person who resides or works in the territory of that municipality, has higher legal  education,  and who is nominated by the Lithuanian Lawyers’ Association;

3) one career civil servant who works in the administration of that municipality and who is nominated by the director of that municipality;

4) persons nominated by the parties, their coalitions which have received the  mandates of Seimas member in the multi-member constituency; and

5) persons nominated by the parties, their coalitions which, during the last elections to municipal council, have received not less than 3 mandates of the members of this council.

3. The Minister of Justice, the Lithuanian Lawyers’ Association and the director of a municipality may propose more candidates.

4. Parties, their coalitions which have received the mandates of Seimas member in the multi-candidate constituency shall each have the right to propose two representatives (hereinafter referred to as “candidate”) for one such list of candidates (joint list) nominated in the multi-member constituency to constituency electoral committees. The parties, their coalitions which, during the last elections to the council, have received mandates of the members of the council of this municipality according to the list (joint list) of nominated candidates, shall each have the right to propose one candidate to constituency electoral committees for one such list of candidates (joint list) nominated in the constituency. If the party may propose candidates according to the results of elections to the Seimas and elections to the council as well, then it shall propose candidates according to the results of only one of these elections for choice. If one of the parties, which participated in the election coalition, does not propose candidates or refuses to propose them, or chooses to propose them according to the results of the elections other than those for which the coalition was formed, the other organisations, which have participated in this coalition, shall have the right to propose candidates in its absence. Parties, their coalitions shall submit a list of candidates to the Central Electoral Committee not later than 81 days prior to elections. If candidates for membership meet the requirements of this Law, the Central Electoral Committee may not reject said candidates. In the event that candidates for membership have not been proposed, the Central Electoral Committee may additionally appoint as members of the committee the persons who are proposed by the Minister of Justice, the Lithuanian Lawyers’ Association or the director of municipal administration.

5. In all cases, not less than three committee members must be the persons appointed to a constituency electoral committee from the candidates proposed by the Minister of Justice, the Lithuanian Lawyers’ Association and the director of municipal administration. If these people make up less than three members of the committee, the committee shall be enlarged from the persons proposed by the Minister of Justice, the Lithuanian Lawyers’ Association or the director of municipal administration.

6. If elections to the European Parliament or the Seimas, or the office of President of the Republic, or the municipal council, or a referendum are concurrently held on the same day, the same electoral committees of polling districts or referendum commissions shall be formed. The Central Electoral Committee shall form a single – municipal, constituency or referendum - committee on a separate electoral, referendum territory and shall define its functions in organising and carrying out other elections or a referendum.

7. The Central Electoral Committee shall appoint chairman of the constituency electoral committee from the committee members.

8. During its first sitting the constituency electoral committee shall elect a deputy chairman and a secretary of the committee.

Article 14. The Powers of Constituency Electoral Committees

The constituency electoral committee shall:

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

2) supervise the implementation of this Law in the constituency;

3) form polling district electoral committees;

4) distribute the funds allocated for the elections among polling district electoral committees, control the utilisation of these funds and report to the Central Electoral Committee on the funds used for the elections;

5) register election observers and issue certificates to them, observe political campaigning in the constituency territory and submit information related to such observation to the Central Electoral Committee in the manner prescribed by it;

6) accept application documents of nomination of candidates of parties, examine them, register the lists of candidates for election as councillors, candidates for councillor, issue registered candidates with certificates, register coalitions which are being formed or recalled, establish numbers of the lists of candidates of the coalitions;

7) make up a list of health care (except out-patient), social care and guardianship institutions, military units, arrest houses, remand prisons (detention facilities) and penal institutions situated in the territory of a constituency, and together with the head of the post office have care of the organisation of voting by post in those places, as well as organise voting in advance;

8) draw  up a vote counting record of the constituency, establish election results and direct them the Central Electoral Committee for approval; following the decision of the Central Electoral Committee, publish the list of the elected councillors in the press;

9) consider complaints against decisions and actions of the polling district electoral committees and take appropriate decisions; revoke decisions which are not in compliance with the requirements of laws and other legal acts; and

10) exercise other powers provided for in this Law.

Article 15. Formation of Polling District Electoral Committees

1. Not later than 65 days prior to the elections, the constituency electoral committee shall establish the number of the members of each polling district electoral committee, which must be a multiple of the number of the parties, which have the right to propose candidatures. If the number of proposed candidatures is insufficient or there is a vacancy in the committee, the director of the administration of the municipality in the territory of which the polling district is formed may propose the lacking candidatures.

2. The following shall have the right to propose an equal number of candidates to a polling district electoral committee:

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

2) the party or coalition of the parties which in the last elections to a municipal council received at least 2 mandates of members of this council. If the party received mandates of councillors while being in the coalition, it may propose candidates together with the parties which participated in the collation.

3. If the party may propose candidates according to the results of the elections to the Seimas and to a municipal council as well, then it shall propose candidates according to the results of only one of these elections for choice. If one of the parties which have participated in the election coalition, does not propose candidates or refuses to propose them, or chooses to propose candidates according to the results of the elections other than those for which the coalition was formed, other parties which have participated in this coalition shall have the right to propose candidates in its absence.

4. Parties shall submit their lists of candidates to the constituency electoral committee no later than 48 days prior to the elections.

5. Constituency electoral committees shall for the period of elections form polling district electoral committees not later than 45 days prior to the elections. If a candidate, proposed by the party, meets the requirements set forth in this Law, the constituency electoral committees may not reject the candidate.

6. If no candidates have been proposed or the proposed candidates do not meet the requirements of this Law, or they have been proposed after the set period of time, a constituency electoral committee may decrease the earlier established number of the members of the polling district electoral committee or address the director of municipal administration to propose the lacking number of candidates for polling district electoral committees. The candidates proposed by the director of municipal administration may not be members of parties or to become such prior to the expiration of the powers of a member of an electoral committee. If during a sitting not less than three members of the constituency electoral committee, while appointing a member of the polling district electoral committee, object to the appointment of the candidate proposed by the director of municipal administration, to be a member of the polling district electoral committee, this candidate may not be appoint a member of the committee. 

7. Constituency electoral committees shall appoint chairmen of polling district electoral committees from the members of the committees.

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

Article 16. The Powers of the Polling District Electoral Committee

The polling district electoral committee shall:

1) receive electoral rolls from the constituency electoral committee, provide conditions for voters, representatives for the elections to familiarise themselves with said lists, hand  voter certificates to voters or distribute them in some other manner, inform the constituency electoral committee about inaccuracies noticed in the electoral roll of the polling district;

2) consider complaints concerning errors made in the electoral roll of a polling district;

3) in the manner prescribed by the Central Electoral Committee, supervise the course of voting by post on the territory of a polling district, and monitor the provision of opportunities for voting by post in all health care (except out-patient), social care and guardianship institutions, military units, arrest houses, remand prisons (detention facilities) and penal institutions situated in the territory of a polling district, as well as organise voting at home;

4) together with a representative of the municipal administration, have care of preparing polling stations, voting booths and ballot boxes in due time pursuant to the requirements provided in this Law;

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

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

7) consider complaints of the voters and observers of its polling district on issues concerning the preparation of elections, organising of voting, vote count, drawing-up of vote counting records, and shall take decisions related thereto; and

8) exercise other powers provided for in this Law.

Article 17. Written Pledge of Electoral Committee Members

1. A member, chairman of an electoral committee shall start holding the position in the electoral committee upon having given a written pledge.

2. The Central Electoral Committee shall lay down the procedure for giving a written pledge by members and chairmen of electoral committees of constituencies and polling districts. The texts of a written pledge of a member, the chairman of an electoral committee shall read as follows:

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

So help me God.”;

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

3. Upon giving a written pledge, a person shall sign at the foot of the pledge. The text of a written pledge may not be altered. The pledge shall be effective for the whole duration of the appointment to work in the electoral committee.

4. Written pledges of the members, chairmen of the electoral committees shall remain in the custody of the electoral committee that has administered them.

5. When appointing an electoral committee member, the Central Electoral Committee or a constituency electoral committee shall fix the date by which he must give a written pledge. The person who has not given a written pledge within 15 days after his appointment shall be removed from his position in the electoral committee.   

Article 18. Organisation of the Work of Electoral Committees

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

2. Upon the end of elections, the powers of the chairmen, members of electoral committees of polling districts, constituencies shall be terminated. The decision to terminate the powers shall be taken by the electoral committee which appointed the committee members, when this committee, its chairman have fulfilled all the tasks assigned to him according to this Law.

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

Article 19. Appeals Concerning Decisions of Electoral Committees Taken prior to the Completion of Voting

1. Parties that have nominated a candidate for councillor, a candidate for councillor, representative for the elections, election observer may appeal against the decision of the electoral committee taken prior to the completion of voting, or any other activity thereof:

1) that of the polling district electoral committee - to the constituency electoral committee;

2) that of the constituency electoral committee - to the Central Electoral Committee; and

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

2. A voter, representative for the elections who does not agree with the decision of the polling district electoral committee which has been adopted on his appeal concerning the errors made in the electoral roll because of which the voter may not implement his right of voting (he has been incorrectly put on or struck off the electoral roll or if the data about the voter has been inaccurately entered into the electoral roll), may appeal against the decision of the polling district electoral committee to the administrative court of an appropriate county.

3. The appeal, filed with the administrative court of a county, must be investigated within 48 hours from the filing thereof. Non-working days shall be included in this time limit. The decision of the court shall become effective after its pronouncement. The appeals which have been filed not in compliance with the procedure established in this Article, shall not be investigated and shall be transferred to that electoral committee which must investigate them. A polling district electoral committee, a constituency electoral committee may not transfer to the Central Electoral Committee for consideration the appeals which are within their own jurisdiction and which have not been investigated by them.

Article 20. Support for Electoral Committees

1. State and municipal institutions, enterprises, establishments and organisations, as well as their officers must assist electoral committees in exercising their powers and must furnish them with necessary information.

2. State and municipal institutions, enterprises, establishments and institutions, as well as their officers must consider requests submitted by electoral committees and give them justified replies within 3 days.

3. Electoral committees may employ the required number of personnel for assistance work.

4. Local authorities, state establishments and other organisations must provide electoral committees with proper premises and equipment for the preparation and execution of elections.

Article 21. Payment for Work of Electoral Committee Members

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

Article 22.  Changing the Composition of an Electoral Committee

1. The chairman or member of an electoral committee may be removed from his position in the committee by the electoral committee, which approved the composition of said committee, or the Central Electoral Committee.

2. The electoral committee may consider only the justified proposal of a party to recall the member of the electoral committee whom it has proposed.

3. When necessary, a new chairman or member of the electoral committee may be  appointed according to the procedure established by this Law even upon expiration of the time limits set in paragraph 1 of Article 13 and paragraph 5 of Article 15.

FOURTH CHAPTER

ELECTORAL ROLLS AND VOTER CERTIFICATES

Article 23. Electoral rolls

1. For organising and holding elections the following electoral rolls shall be compiled:

1) the electoral roll of the Republic of Lithuania;

2) electoral rolls of  constituencies; and

3) electoral rolls of polling districts.

2. Electoral rolls shall be drawn up twice - provisional and final. These rolls may be used only for organisation and execution of elections.

3. The procedure for compiling electoral rolls must be such that every person who is entitled to vote shall be entered on an electoral roll. No one may be entered on an electoral roll more than once.

4. At the request of the parties that have nominated candidates and for the purpose of campaigning general electoral rolls of a concrete constituency may be drawn up and presented. The parties that are registered in the State Register of Personal Data Controllers may obtain general electoral rolls (in electronic storage media or printed). The following data shall be laid down in general electoral rolls: voter's name, surname, address and date of birth. Actual expenses related to drawing-up of such lists shall be covered by the party, which has ordered them. If a voter has, in manner prescribed by legal acts, expressed his disagreement that his address or date of birth would be made public in general electoral rolls, only his name and surname shall be indicated in these rolls. Parties may not submit general electoral rolls to the third persons and use them for the purposes other than campaigning. They must destroy the obtained data within 30 days following the proclamation of the final election results.

5. The electoral roll of the Republic of Lithuania and the electoral rolls of constituencies, which are drawn up and kept by the keeper of the population register, shall be made in electronic storage media. Electoral rolls of polling districts shall be printed. The procedure, form of compiling of rolls, method of compiling and the procedure of their use shall be laid down by the Central Electoral Committee. When drawing up electoral rolls, the following information shall be used:

1) in the electoral roll of the Republic of Lithuania: name, surname, personal number, date of birth, number of the document confirming citizenship, address of a place of residence and grounds for entering the address in the population register;

2) in the electoral roll of constituencies: name, surname, personal number, date of birth, address of a place of residence and grounds for entering the address in the population register;

3) in the electoral roll of polling districts: name, surname and the address of a place of residence. The address of the voters who have expressed disagreement that their address would be announced in the electoral roll of a polling district, shall be indicated only in the annex to the electoral roll of the polling district and in the voter certificate.

6. Every voter shall enjoy the right to disagree that the address of his place of residence would be publicly announced in the electoral roll of a polling district, and that both the address of his place of residence and his date of birth or either of them would be indicated in the general electoral rolls which are furnished to the parties. The Central Electoral Committee shall together with the keeper of the population register create conditions for a voter to exercise his right to disagree that the address of his place of residence would be indicated in the polling list of a polling district and that the address of his place of residence and his date of birth would be indicated in the general electoral rolls.

Article 24. General Procedure for Entering Voters of the Republic of Lithuania on Electoral Rolls

1. All persons entitled to vote shall be entered on the electoral roll of the Republic of Lithuania according to the data of issuance of the passport, identity card or a permit for permanent residence in the Republic of Lithuania, and in accordance with the population register of the Republic of Lithuania. State and municipal institutions and establishments which issue documents confirming the identity of a person, keep the data pertaining to the declaration of persons' place of residence, register the deaths of persons and the loss of citizenship, shall be also responsible for accurate and timely recording of relevant changes and corrections in the population register of the Republic of Lithuania. Rolls compiled according to the data of the population register of the Republic of Lithuania shall be provisional.

2. Compiling, correcting and execution of electoral rolls shall be organised by the Central Electoral Committee on the basis of the information furnished by state, municipal institutions and constituency electoral committees.

3. The following persons shall be struck off the electoral roll of the Republic of Lithuania:

1) a diseased voter;

2) a person who has lost the citizenship of the Republic of Lithuania and who does not have a permit for permanent residence in the Republic of Lithuania;

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

4) a person whose permit for permanent residence in the Republic of Lithuania has been revoked in the manner prescribed by law.

4. Provisional electoral rolls with changes done therein and acknowledged in the procedure established by the Central Electoral Committee shall be approved as final electoral rolls not more than 7 days prior to elections. Changes in final electoral rolls may be done only with the consent of the Central Electoral Committee.

Article 25. Electoral Rolls of Constituencies

The electoral roll of a constituency shall be drawn up in electronic storage 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 (the last known or declared place of residence of the voter), and shall be delivered to the constituency electoral committee at least 39 days prior to elections. Concurrently, lists of voters whose place of residence is unknown shall be drawn up.

Article 26. Electoral Rolls of Polling Districts

The electoral roll of a polling district shall be drawn up by the constituency electoral committee according to the electoral roll of a constituency and the place of residence indicated therein, and shall be delivered to the polling district electoral committee at least 26 days prior to the election. An electoral roll of voters whose place of residence is unknown shall also be compiled.

Article 27. Public Announcement of Electoral rolls and Access to Electoral Rolls

1. The polling district electoral committee shall, at least 25 days prior to elections, provide conditions for the voters to have access to the electoral roll of a polling district. Voters shall be provided with data of an annex to the polling district electoral roll that concern only them. It shall be prohibited to make copies of electoral rolls of a polling district or to copy or distribute such lists in any other manner. A notice must be posted at the entrance to the premises of an electoral committee, indicating duty hours of the committee members, and telephone numbers through which the voters may check whether they have been entered on the electoral roll. Upon the expiration of the time limit specified in this Law for issuing voter certificates, notices indicating the duty hours of the polling district electoral committee and its contact telephone numbers must also be posted in the stairways of multi-family apartment buildings.

2. The electoral roll of the Republic of Lithuania and electoral rolls of constituencies shall not be announced publicly, however, a voter may be provided with information regarding his entry on the electoral roll by telephone as well.

Article 28. Voter Certificate

1. A voter certificate shall be a document issued by an electoral committee specifying the polling district on the electoral roll of which a voter is entered. Electoral committees shall hand in voter certificates signed by the chairman of an electoral committee. A voter himself, or at his request – any other person, may print his voter certificate in accordance with the data of the electoral roll of the Republic of Lithuania received electronically pursuant to the procedure established by the Central Electoral Committee. In this event, the voter himself shall sign his voter certificate, except for the cases when because of his physical disability he himself cannot sign it and it is signed by another person chosen by the voter, indicating his name, surname and personal number. One may not vote without a voter certificate (duplicate).

2. A voter certificate shall contain:

1) voter’s name and surname;

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

3) voter’s address;

4) the name and number of a polling district on the electoral poll of which a voter has been entered, and the address of a polling station;

5) the successive number of a voter on the electoral roll of a polling district; and

6) the election date, polling time at a polling station of the polling district; it shall also advise that this certificate is required for voting, and may include other information significant to the voter of for organisation of elections.

3. If a voter requests to issue him with a duplicate of a voter certificate in place of the lost one or of a voter certificate he has not received, a duplicate must be issued to the voter immediately, right after the establishment of the data on the voter which must be entered on the certificate.

Article 29. Delivery of Voter Certificates

1. The delivery of voter certificates to voters shall be organised by a polling district electoral committee.

2. Articles 66, 67 and 68 of this Law shall lay down the procedure for delivering voter certificates to voters who are in health care (except out-patient), social care and guardianship institutions, military units, arrest houses, remand prisons (detention facilities) and penal institutions situated.

3. The delivery of voter certificates shall be noted in a provisional electoral roll of a polling district. A voter certificate shall be either delivered to the voter personally or to another person who lives together with the voter, or to the voter’s neighbour who knows the voter and undertakes to deliver the voter certificate to the voter. The delivery of voter certificates to voters must be finished at least 20 days before elections.

4. The voter who has not received a voter certificate in due time or who has received a voter certificate with inaccuracies, must without delay inform the polling district electoral committee on whose service territory he resides about this and to produce his passport or any other document confirming his identity. If the voter has been entered on the electoral roll of this polling district, the polling district electoral committee must write out a new voter certificate to the voter and issue it to him immediately. If the voter has not been entered on the electoral roll of this polling district, but the address of the place of voter’s residence according to the population register data is assigned to this territory of the polling district or the voter produces evidences that he resides within the territory of this polling district, the polling district electoral committee shall provide a request blank, the form whereof is prescribed by the Central Electoral Committee, to be filled out by the voter to enter him on the electoral roll of this polling district (or a member of the polling district electoral committee shall fill out this request himself), and shall immediately inform the constituency electoral committee about this, which must have care of entering the voter on the electoral roll of this polling district. The voter certificate shall be written out and delivered to the voter upon checking the accuracy of electoral rolls.

5. A constituency electoral committee may, in the manner prescribed by the Central Electoral Committee, write out a voter certificate for the voter who is on the electoral roll of another constituency, if he is unable to return to his permanent place of residence to pick or otherwise get the voter certificate. The voter must request this in writing.

Article 30. Checking the Accuracy of Electoral Rolls before Drawing up Final Electoral Rolls

1. The accuracy of provisional electoral rolls shall be checked when transferring a voter from one electoral roll of a polling district, constituency into another, striking from or entering a voter on the electoral roll of the Republic of Lithuania.

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

3. Transferring of the voter from the electoral roll of one polling district into another within the same constituency shall be executed by the constituency electoral committee which shall inform the Central Electoral Committee about the changes made in electoral rolls of polling districts. Transferring of the voter from the electoral roll of one constituency into another shall be executed by the Central Electoral Committee on the recommendation of the constituency electoral committee and shall inform the constituency electoral committees about the changes made. Only the Central Electoral Committee may enter a voter on or strike him from the electoral roll of the Republic of Lithuania in the cases provided in Article 24 of this Law.

Article 31. Entering of Voters who are in Military Units, Arrest Houses, Remand Prisons (Detention Facilities) and Penal Institutions

1. Voters performing the mandatory military shall be entered on the electoral rolls of the polling district on the territory of which they had permanently resided before they were summoned for the mandatory military service.

2. Voters performing the active military service, civil service or working under employment contract in international military operations abroad shall be entered on the electoral rolls of the polling district on the territory of which they declared their place of residence.

3. Voters who are in arrest houses, remand prisons (detention facilities) or penal institutions shall be entered on the electoral roll of the polling district on the territory of which they declared their place of residence. If such a person has not declared his place of residence or requests in writing, he shall be registered in the electoral roll of the polling district on the territory of which an arrest house, remand prison (detention facilities) or penal institution is situated. A person who had declared his place of residence before he was placed in an arrest house, remand prison (detention facilities) or penal institution may not be entered on the electoral roll of the polling district within the territory of which the arrest house, remand prison (detention facilities) or penal institution is situated. 

Article 32. Checking the Accuracy of Electoral Rolls upon Compiling 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 p.m. on the polling day, a voter addresses the polling district electoral committee and submits the passport, identity card or a permit for permanent residence in the Republic of Lithuania and the document about the declared place of residence (the place of residence must be assigned to the territory of this polling district), but the voter has not been entered on the electoral roll of this electoral district, the polling district electoral committee shall enter the voter on the additional electoral roll of the polling district and shall allow him to vote according to the procedure established by the Central Electoral Committee, and shall immediately inform the constituency electoral committee about the voter’s surname, name, personal number, the number of his passport or any other document confirming his identity, and the address. The constituency electoral committee shall check if the voter has been entered on the electoral roll of the constituency and take actions to guarantee that the voter would not be able to vote twice or the ballot papers filled by him will 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 district. The other vote of the voter, received by post or when cast according to the additional electoral roll of the polling district shall not be counted.

Article 33. Complaints Concerning Electoral Rolls

1. A voter or a representative for the elections may, no later than 7 days before elections, lodge complaints with the polling district electoral committee concerning the errors made in electoral rolls due to which the voter has not been entered on the electoral roll  in the manner prescribed by this Law or has been entered on several electoral rolls. The polling district electoral committee must consider the complaint and take 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 polling district electoral committee may be within 3 days appealed against to an appropriate regional administrative court, which shall consider the complaint within 2 days. The decision of the court shall be final.

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

4. Polling district electoral committees shall report to the constituency electoral committee about the received complaints and changes made in the electoral rolls by the court’s decision, and the constituency electoral committee shall report to the Central Electoral Committee as soon as possible but not later than within 12 hours.

FIFTH CHAPTER

NOMINATION OF CANDIDATES FOR COUNCILLOR

Article 34. Nomination of Candidates for Councillor

1. A party is registered pursuant to the Law on Political Parties and satisfies the requirements of the Law on Political Parties concerning the number of party members, may nominate candidates for councillor no later than 65 days prior to elections.

2. The party shall nominate candidates for councillor by presenting a list of candidates in which candidates are recorded in such succession as established by the party. The number of candidates on the list may not be less than 10 candidates and not more than twice the number of mandates established in that constituency. Candidates must meet the requirements specified in Article 2 of this Law.

Article 35. Application Documents for the Nomination of Candidates for Councillor

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

1) an application  for  the  participation  in elections;

2) a copy of its registration document; it may also submit its programme, election programme;

3) the list of constituencies in which the party intends to nominate candidates;

4) the power of attorney for a representative for the elections to represent it in the Central Electoral Committee, as well as the power of attorney to represent it and the candidates nominated by it in constituency electoral committees;

5) the document evidencing the payment of the election deposit;

6) a copy of the declaration concerning the last year’s financial activities, which had to be submitted to the tax inspectorate pursuant to the Law on Political Parties, approved by this inspectorate, and it may also submit a copy of the account (report), which had to be publicly announced according to the Law on Political Parties, concerning the budget receipts and their sources, expenditures and their purpose.

2. If the party nominated candidates or candidates’ lists during the preceding elections to the Seimas 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, to municipal councils, concerning the sources and use of funds for election campaign.

3. The party must file with the constituency electoral committee the following application documents:

1) the list of nominated candidates in which candidates are placed in a numerical order, signed by a representative for the elections of the organisation nominating lists of candidates;

2) written consents of the nominated candidates to be nominated by this party in this constituency, a questionnaire for a candidate for councillor filled in by the candidate himself, as well as the extract containing the basic data from his income and property declaration, presented to the State Tax Inspectorate, approved by that tax inspectorate to which the declaration has been submitted, as well as a declaration of private interests. The data of a declaration of private interests of a candidate for councillor shall submitted by the constituency electoral committee to the Central Electoral Committee not later than within 5 days in accordance with the procedure laid down by the latter; and

3) the certificate issued by the Central Electoral Committee, concerning the registration of the party, nominating lists of candidates, for the participation in the elections to this council.

4. In the questionnaire of a candidate for councillor, a person who is nominated as a candidate for councillor must fill in the following data himself: name, surname, number of the passport or other document confirming identity of the person, personal number, date of birth, address of the permanent place of residence, whether or not his court-imposed sentence has expired, whether or not he is a person who is in the active service or alternative national defence service, whether or not he is a serviceman of the professional military service who is transferred to the reserve or has retired from the service, whether or not he is an officer of a statutory institution or establishment, whose participation in political activities are restricted by special laws or statutes, whether or not he holds office incompatible with the office of councillor, and also whether he is a member of the elective administration body of another state; he must answer the questions indicated in Article 89 of this Law and sign. If a candidate is a citizen of another state, he must also indicate whether his passive right to vote is not limited in the state whose citizen he is. Other questions, additionally established by the Central Electoral Committee may also be included in the questionnaire of a candidate for councillor, and the person may not answer them.

5. The filing of application documents shall commence 65 days before and shall end at 5 p.m., 34 days prior to polling day.

Article 36. Registration of Candidates for Councillor

1. Upon the commencement of registration of candidates, at the request of the Central Electoral Committee the Ministry of Justice shall within one day confirm officially which parties are registered, the number of members of which parties satisfies the requirements of laws, and 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 the next working day apply to the Ministry of Justice regarding confirmation of the fact of the registration of the party and the validity of the submitted statutes. The Ministry of Justice must give a written reply within two days and submit to the Central Electoral Committee a transcript of effective statutes. Having checked the application documents and determined their compliance with the requirements of this Law, the Central Electoral Committee shall, within 7 days following the receipt of the application documents, issue the representative for the elections of the party nominating lists of candidates, a certificate concerning the registration of the party nominating lists of candidates to participate in the elections.

3. While checking the application documents filled in by a candidate for councillor, the constituency electoral committee shall determine whether the candidate meets the requirements of Article 2 of this Law. When necessary, the Central Electoral Committee 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 in the extra urgency procedure, and a written reply must be given within 7 days, but not later than 32 days before elections.

4. Upon checking out the submitted application documents and establishing their compliance with the requirements of this Law, the electoral committee must adopt a decision concerning the registration of a candidate within 10 days following submission of the application documents, but not less than 31 days prior to elections.

5. If the application documents are incorrect, the electoral committee must immediately inform the appropriate representative for the elections about them.

Article 37. A Representative for the Elections

1. A representative for the elections shall represent the party, which has authorised him on all issues in the Central Electoral Committee or a constituency electoral committee. In sittings of the 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 the elections shall, on the territory of the constituency electoral area whereof he is authorised to represent, have all the rights of an election observer. Upon announcing the date of elections to municipal councils, powers of attorney by parties to represent them in electoral committees may be filed with the Central Electoral Committee on the day following the formation of an appropriate electoral committee. If the candidature of a representative for the elections meets the requirements of this Law, the Central Electoral Committee shall within 3 days register the power of attorney given to him and shall issue a representative’s for the elections certificate. The power of attorney for a representative for the elections shall expire after the lapse of 20 days following the proclamation of the final results of elections.

2. Until the polling day, a party may revoke a power of attorney at any time and to authorise another person to be a representative for the elections. In this case, a representative for the elections must be registered, a certificate must be issued to him, and the registration of the previous representative for the elections must be terminated within 3 days.

Article 38. Electoral Deposit

1. The electoral deposit for registering one list of candidates for councillor in a constituency shall be equal to one most recently announced average monthly wage of the national economy (hereinafter referred to as “AMW”).

2. The electoral deposit for changing the place of one candidate on the list, for entering a new candidate on the list - half of the AMW, for joining the candidates’ lists together - 0.3 of the AMW for each joint list.

3. Election deposits for registration of the list of candidates shall be doubled for that party which at the preceding elections to the Seimas or municipal councils nominated candidates or the list  (lists) of candidates and did not furnish a copy of the report published in the press concerning the sources and use of the funds for election campaign. 

4. Within 40 days following the final proclamation of the election results, the Central Electoral Committee shall refund the electoral deposit to the party or the person who furnished it, if the list (joint list) of candidates nominated by it becomes eligible for distribution of mandates in a multi-member constituency and the report on the sources and use of the funds for election campaign, which is subject to publication pursuant to this Law, has been published in the press.

5. Non-refundable deposits shall be transferred to the State Budget.

Article 39. Prohibition for One Person to be a Candidate in Several Constituencies or on Several Lists of Candidates

1. Each candidate for councillor may be entered on the list of candidates nominated by only one party in a constituency.

2. If a person is entered on the list of candidates nominated by more than one party or is nominated as a candidate in more than one constituency, the Central Electoral Committee shall request him to choose in whose list of candidates he would like to stand for election. If a candidate does not notify in writing about his choice with only 35 days remaining to the election, he shall be struck off all the lists of candidates.

Article 40. Joining of the Lists of Candidates

When not less than 35 days remain until elections, several parties may join the lists of candidates nominated by them. In order to do so, they must submit a statement to the constituency electoral committee concerning the joining of lists of candidates for councillor, indicating the name of a coalition. Moreover, the joint list in which the candidates are entered in a newly established succession, as well as the document confirming that the electoral deposit for joining the lists of candidates has been furnished shall be submitted as well. Only those persons can be entered on the joint list who are on the lists which are being joined together. The name of a coalition must include the word “coalition” and it cannot contain any references to the names of the parties which do not form this coalition. The joint list shall be considered to be a single list. The same party may not participate in more than one coalition.

Article 41. The Right to Withdraw or Supplement Electoral Application Documents

1. A party or coalition, as well as a person who has been nominated as a candidate for councillor, may at any time, but no later than 25 days before elections, declare their application documents fully or partially withdrawn. A party or coalition shall notify the Central Electoral Committee about this by a statement, a person - by a statement attested in the notarial procedure, and the relevant representatives for the elections in the Central Electoral Committee shall be informed about this. If application documents are withdrawn, the electoral deposit may be refunded only after the election, provided it becomes refundable as provided in Article 38 of this Law. Before the end of the term of submission of application documents set in paragraph 5 of Article 35 of this Law, it shall be allowed to additionally submit new application documents when altering the sequence of candidates on a list of candidates or when nominating new candidates.

2. If the application documents are being withdrawn by the party that has formed a coalition, the candidates nominated by it shall be struck off 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 this event it shall be necessary to notify in writing the representatives for the 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 list of candidates, they shall participate in the election only as the candidates of that party.

3. If upon withdrawal of application documents or annulment of the candidates’ registration, less than 10 candidates remain on the list of candidates, the registration of all the candidates of this list shall be annulled.

Article 42. Publication of the Names and Lists of Candidates, Beginning of the Election Campaign

1. With no less than 30 days prior to elections, the Central Electoral Committee shall announce the list of the parties that participate in the election and the numbers furnished to them by drawing lots. The election campaign shall commence from the day of such announcement.

2.  With no less than 30 days prior to elections, the certificates of candidates for councillor shall be delivered by constituency electoral committees to respective representatives for the elections, indicating election numbers of the candidates. The election number of the candidate shall, at the moment of its assignment, coincide with a successive number of the candidate on the list of nominated candidates (joint list). The furnished election number of a candidate may not be changed until the proclamation of election results.

3. With no less than 18 days prior to elections, the constituency electoral committee shall announce lists of candidates (joint lists) nominated by the parties which participate in the election and election numbers of candidates.

SIXTH CHAPTER

GUARANTIES OF ACTIVITIES OF CANDIDATES FOR COUNCILLOR

Article 43. The Right of a Candidate for Councillor to Speak at Meetings, to Use the Mass Media

1. After the commencement of the election campaign, candidates for councillor shall have the equal right to speak at voters' meetings or any other meetings, gatherings, conferences as well as through the state and municipal mass media, and to publicly announce his election program or the election programme of the party which has nominated him as candidate.

2. Heads of state institutions, as well as heads of local authorities must help candidates for councillor 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 resolutions of the Government.

Article 44. Liability for the Violation of this Law

Persons who prevent by force, deception, threat, bribery or otherwise voters from exercising the right to vote or to be elected to councils, and to organise and carry out election campaign, who have violated the procedure of election campaign, announced or otherwise disseminated false information about a candidate for councillor or prevented a candidate for councillor from meeting with voters, or otherwise violated this Law, as well as the members of electoral committees or other officers who have falsified, damaged, destroyed, seized or hidden election documents, fraudulently counted the votes, violated the secrecy of the voting or otherwise violated this Law, shall be held liable under the laws of the Republic of Lithuania.

Article 45. The Right of a Candidate for Councillor to be Relieved from Work or his Service Duties during the Period of Election Campaign

1. Upon his request, a candidate for councillor may be relieved from work or other service duties for the period of organising and holding the election, but no longer than 14 days.

2. The provision of paragraph 1 of this Article shall not apply to a candidate for councillor who holds the office of the President of the Republic, Seimas member or Government member.

Article 46. The Immunity of a Candidate for Councillor

Without the consent of the Central Electoral Committee, during the election campaign as well as until the first sitting of a newly elected council, a candidate for councillor may not be found criminally liable, arrested, nor his freedom can be restricted otherwise.

SEVENTH CHAPTER

ELECTION CAMPAIGN

Article 47. The Fundamentals of Election Campaign

1. The conditions prescribed by this Law to start campaigning shall be provided for parties and candidates from the day the election campaign starts. Election campaign expenses and political advertising expenses, incurred before the commencement of the election campaign, must be declared in the manner prescribed by law and may not exceed the maximum permitted amount of election campaign expenses, fixed by laws.

2. Election campaign may be conducted in any form or manner, provided it does not violate the Constitution and the laws of the Republic of Lithuania, conflict with the morals, justice or societal cohesion, contravene fair and respectable elections.

Article 48. Conditions and Procedure for the Use of the Mass Media

1. Parties that have submitted lists of candidates shall be granted the right to use state and municipal mass media free of charge.

2. The rules for preparing programs intended for election campaign shall be approved and the actual duration and time of the National Radio and Television of Lithuania programs shall be set by the Central Electoral Committee upon agreement with the head of the National Radio and Television of Lithuania.  This Committee shall distribute time of programmes in such a manner that the principles of equality of the parties who have submitted lists of candidates, and of the lists of candidates are preserved. Each party who is submitting a list of candidates shall be allotted no less than 20 minutes of radio and television time and additional time shall be allotted proportionately to the number of the lists of candidates submitted.

3. The actual time and duration of municipal radio and television programmes allotted for the election campaign shall be established by a constituency electoral committee, upon co-ordination with the heads of the radio and television, and shall be distributed in such a manner that the principles of equality of the lists of candidates are preserved.

4. The election programme of a list of candidates shall, in the manner prescribed by the Central Electoral Committee, be published by the constituency electoral committee within 20 days after it was submitted.

5. The Central Electoral Committee shall lay down the procedure for publishing elections programmes. The election programme of a list of candidates shall not be announced after the polling day and during the period of prohibition of election campaigning.

6. Campaigning in the commercial mass media shall be restricted only by the size of special election accounts.

7. The procedure for specifying the election campaign on television and radio as well as in periodicals by indicating the source of funds or whether the election campaign is carried out free of charge, shall be established by the Central Electoral Committee: in respect of the election campaign on television and radio – on the recommendation of the Radio and Television Commission of Lithuania, in respect of the election campaign in periodicals – on the recommendation of the Inspector of Journalistic Ethics.

8. It shall be prohibited to set up and communicate outdoor political advertising:

1) on the buildings occupied by state administration, law-enforcement and other state institutions and establishments;

2) on means of transport and public transport;

3) in motorways and their sanitary protection areas, as well as in streets and along their sides, if it might block technical traffic regulation means and road signs, decrease visibility, blind traffic participants, distract their attention, thus increasing the danger to traffic participants, and also it is prohibited to use advertising that imitates road signs;

4) on sculptures and monuments;

5) within 50 metres around the building which houses a polling station; 

6) without permission of the owner of the land, construction works or other structures on or in which it is set up.

9. Outdoor political advertising on/in protected territories and immovable cultural properties, as well as on their territories shall be permitted only upon co-ordination with a state establishment responsible for the protection of cultural properties and an establishment authorised by the founder of the protected territory. 

10. In order to communicate political advertising in compliance with the principle of equality of candidates and lists of candidates, each shall be provided with at least one special place within the territory of every polling district. According to this Law, the outdoor political advertising shall be the political advertising communicated by means of outdoor advertising. Political advertising communicated in public places, buildings, means of transport shall be regarded as outdoor political advertising. A municipality shall with its own funds make fit places of outdoor political advertising. Outdoor political advertising shall be produced and communicated with the funds of independent participants of political campaign.

11. Places in which outdoor political advertising may be set up within the territory of a constituency must be selected and presented for approval to the constituency electoral committee by the director of the municipal administration not later than 35 days prior to a polling day. If stands, screens or other provided places are not suitable for outdoor political advertising or are not made properly fit, the constituency electoral committee shall request that suitable places be provided or that provided places be made properly fit. In each place designated for outdoor political advertising all lists or candidates (parties shall be arranged in accordance with the numbers of the lists) shall be assigned an equal area of advertising indicated by the chairman of the polling district committee within the territory of which a place intended for outdoor political advertising is designated. This area must not exceed the format A2 for each list of candidates. Outdoor political advertising shall be communicated by political parties, candidates or persons authorised by them in the areas of advertising provided for them. If outdoor political advertising is communicated in the places, which are not designated for this purpose, the director of the municipal administration must ensure immediate removal of such advertising.

12. Persons who violate the requirements of the procedure for setting up and communicating outdoor political advertising shall be held liable under the law.

13. All disputes concerning the election campaign shall be settled by the Central Electoral Committee in compliance with the grounds provided for in this Law.

Article 49. Publicising of Material Compromising a Candidate for Councillor and a Countering Opinion of the Candidate

1. If during the election campaign the mass media publicise some material compromising a candidate for councillor (such data may be publicised not later than: in a means of the mass media which is issued more than three times a week - 5 days prior to the election, in other means of the mass media - 10 days before the election, but in all cases the material compromising a candidate may be publicised not later than in the issue preceding the last issue of a means of the mass media prior to elections), it must provide the candidate with a possibility of expressing a countering opinion, which consists of a short exposition of the publicised compromising material and the candidate’s reply. The extent of the countering opinion usually may not exceed the volume of the compromising material more than three times. The means of the mass media must publicise the candidate’s countering opinion within 7 days after it has been expressed, but not later than prior to the 2 days remaining before the end of the period allowed for election campaigning. If the means of the mass media itself cannot publicise the candidate’s countering opinion during the period of time set by this Law, it must with its own funds publicise the candidate’s countering opinion in another means of the mass media.

2. The material which is aimed to influence voters not to vote for an individual candidate and which contains information negatively describing the candidate shall be considered as material compromising the candidate. An opinion about the candidate publicised in the mass media (unlike the information, criteria of the truth shall not be applied to an opinion), negative as well, shall not be considered as compromising material and shall not entitle the candidate to demand publicising of a countering opinion. A demand by the candidate’s to publicise a countering opinion may not be met also when: the material publicised does not concern him personally; the publicised material about him is not compromising; the compromising material about the candidate is publicised by him or by another candidate who is nominated on the same list of candidates or is nominated by the same party; the material contains no information describing the candidate; the candidate has already used the right to a countering opinion.

3. If the candidate has duly furnished the countering opinion to the means of the mass media, but it has not been publicised, by the decision of the Central Electoral Committee the candidate’s countering opinion shall be broadcast on the National Radio or Television of Lithuania and shall be paid for at the price of advertisements. In this event, the means of the mass media must pay the Central Electoral Committee two times the amount of the broadcast cost.

4. If the compromising material about the candidate has been publicised during the period of time when it cannot be publicised according to this Law, by the decision of the Central Electoral Committee the candidate’s countering opinion shall be broadcast on the National Radio or Television and shall be paid for at the price of advertisements. In this instance the means of the mass media must pay the Central Electoral Committee three times the amount of the broadcast cost.       

5. In all cases a countering opinion shall not be publicised during the period of the prohibition of an election campaign. Publicising of a countering opinion shall not exempt the means of the mass media from responsibility under laws of the Republic of Lithuania.

6. When a countering opinion of the candidate is publicised by the decision of the Central Electoral Committee, the cost of publicising established by this Law shall be exacted without suit from that means of the mass media which has publicised the material compromising the candidate during the prohibited period or has not publicised the candidate’s countering opinion in time.

Article 50. Releasing the Material Compromising a Party which has Nominated a List of Candidates and the Countering Opinion

1. If during the election campaign the mass media release the material compromising 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 election, in other means of the mass media - 10 days before the election, but in any case the material compromising the 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 elections), it must provide the party or one of the branches of the party with a possibility to express a countering opinion. The countering opinion shall consist of a short exposition of the released compromising material and the party’s reply. The extent of the countering opinion usually may not exceed the volume of the compromising material more than three times. The means of the mass media must announce 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 announce the countering opinion during the period of time set by this Law, it must make arrangements to publicise the countering opinion with its own funds in another means of the mass media.

2. The material that is aimed at influencing voters not to vote for the candidates nominated by a specific party and which contains information negatively describing the party (its branch or division) shall be considered as compromising material. An opinion about the party, political organisation 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 grant the party the right to demand announcement of a countering opinion. The demand to announce a countering opinion may also be rejected in cases when: the released material doe not concern the party; the released material is not compromising; the compromising material about the party is released by a candidate nominated by the party; the material contains no information characterising the party; the party has already exercised the right to a countering opinion.

3. The party shall give its countering opinion to the means of the mass media through its representative for the elections at the Central Electoral Committee or through its representative for the elections at the constituency electoral committee. In the event the representative for elections has given the countering opinion to the means of the mass media by the due date, but it has not been made public, the countering opinion shall be broadcast, on the decision of the Central Electoral Committee, on the National Radio or Television of Lithuania 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 time period when its release is not permitted under this Law, by the decision of the Central Electoral Committee the candidate’s countering opinion shall be broadcast on the National Radio or Television of Lithuania 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 any case 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 released on the decision of the Central Electoral Committee, the costs of such release, set by this Law, shall be recovered without suit from that means of the mass media which has released the material compromising the party which has nominated a list of candidates during the period when such release is not permitted or has not announced the candidate’s countering opinion.

Article 51. Prohibition to Conduct Election Campaigning while Abusing one’s Official Position

1. Anyone shall be prohibited from abusing his official position in state or municipal institutions, establishments or organisations, as well as in the state or municipal mass media when carrying out any type of election campaign, from instructing other persons to do so, or from trying to exert influence upon the will of voters in any other manner, while using his official position. State and municipal officials and civil servants shall be prohibited from using their official position in creating for themselves or their party, exceptional election campaigning conditions. An administrative or criminal action may, in accordance with the procedure established by laws, be taken against the person who has violated this Article.

2. If a person is a candidate for councillor, he can use the state or municipal mass media only according to the procedure laid down in Article 48 of this Law. If the fulfilment of their duties requires announcing to the mass media important news, they may do it only at a press conference. The state or municipal mass media may publicise only a recording of such conference, which contains no election campaigning.

Article 52. Funding of Political Campaigning of Elections to Municipal Councils

Funding of political campaigning of elections to municipal councils shall be regulated by the Law on the Control of Financing of Political Parties and Political Campaigns.

Article 53. Prohibition of Campaigning on Polling Day

1. Campaigning, regardless of its methods, forms and measures, shall be prohibited during the 30 hours preceding elections and on the polling day, with the exception of permanent visual campaign 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 of election campaign prohibition 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 located.

2. Information about the course of elections, their importance for the life of the country, the number of voters who have come to vote, the documents necessary to have when voting, invitation to come to vote or any other information which does not urge not to participate in elections, vote for or against a candidate or a list of candidates, shall not be regarded as election campaign.       

3. Persons who have violated the provisions of paragraph 1 of this Article shall be punishable under law.

EIGHTH CHAPTER

PREPARATORY ACTIVITIES OF THE ORGANISATION OF ELECTIONS

Article 54. Establishment of Election Document Samples

The Central Electoral Committee shall establish the samples and forms of voter certificates, ballot papers, lists of candidates to councillor, posters with data about a candidate (candidates), voucher envelopes and outer envelopes for voting by post, other documents, blanks, questionnaires, official envelopes, packages, seals used in elections, as well as the samples for filling them out.

Article 55. Ballot Papers

1. During elections to municipal councils, each voter shall be presented with one ballot paper - for voting for a list of candidates and for the preference of five candidates from this list.

2. The ballot paper must contain the following:

1) instructions for the voter how to fill in a ballot paper, and special spaces in the ballot paper allotted for expressing voter's will;

2) allotting equal space for each list of candidates in one part of a ballot paper, election numbers and names of lists of candidates printed in the same type and arranged according to the assigned election numbers in an increasing order. The size of a type of the name of a list of candidates shall be chosen such which would best fit to fill the space designated for inscription. Moreover, A ballot paper shall contain the names and surnames of not more candidates, appearing first on the list, than the number of municipal council members to be elected in that municipality;

3) the second part of the ballot paper shall contain five special spaces where a voter puts down the election numbers of chosen candidates when voting. 

Article 56. Delivery of Ballot Papers

1. Constituency electoral committees shall deliver ballot papers and envelopes to central post offices at least 2 days prior to the beginning of voting by post, ballot papers to polling districts - no later than 12 hours preceding the beginning of voting.

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

Article 57. Preparation of Polling Stations

1. The polling station of a polling district must be completely prepared for elections not later than 12 hours before the beginning of voting. By that time all ballot papers received from the constituency electoral committee would have to be counted by the electoral committee and their acceptance report would have to be drawn up. In the polling station of a polling district there must be a ballot box, secret voting booth (booths) where a voter could fill in ballot papers in secrecy. Campaign material or voter information material, issued by the Central Electoral Committee, may be displayed and lists of candidates for elections in this constituency must be displayed in the polling station. The text of this Law must be accessible in each polling district. The election campaign 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 within 50 metres of the building in which the polling station is situated. Working places for the electoral committee members and local election observers must also be arranged. Upon completion of the preparations the polling station shall be closed, sealed, left under the police protection and the chairman of the polling district electoral committee shall inform the constituency electoral committee of this.

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

3. The chairman of a polling district electoral committee shall be responsible for the timely and proper preparation of a polling station. In the event that the municipality does not allot suitable premises for establishing a polling station or fails to provide the inventory required for voting, the polling district electoral committee chairman must inform the constituency electoral committee and adopt appropriate measures to locate a suitable polling station and acquire the appropriate inventory as provided for in Article 9 of this Law.

Article 58. Election Observers

1. Parties as well as the representative for the elections shall have the right to appoint election observers. An election observer shall be a person bearing the certificate in the form established by the Central Electoral Committee. He shall have the right to observe elections conducted within the territory of that constituency or polling district which is indicated in his certificate. The observer’s certificate shall be issued by:

1) the Central Electoral Committee - to observe elections within the entire territory of the Republic of Lithuania or only within specific constituencies, polling districts in accordance with the recommendation of the Foreign Affairs Minister, recommendation of an adviser to the President of the Republic, requests by individuals representing foreign states or international institutions, and also according to its own discretion;

2) a constituency electoral committee - to observe elections within the entire territory of this constituency or in one or several polling districts to over 18 years of age citizens of the Republic of Lithuania and persons having the active right to vote under this Law, pursuant to the request of a local  office or a representative for the elections of the party, in which the name, surname of the person, personal number, name of the polling district must be indicated.

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 at the behest of the committee chairman. It shall not be allowed to refuse to issue a 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 shall be reported at the next committee sitting and an appropriate representative for elections shall be notified thereof.

3. An election observer shall be entitled to demand that the chairman and members of an electoral committee, as well as persons who are in the polling station to adhere to this and other laws of the Republic of Lithuania. Electoral committees must take care of providing an election observer with proper conditions at 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 annulled by the decision of the chairman of the constituency electoral committee, and the members of the electoral committee, the Central Electoral Committee and an appropriate representative for elections shall be immediately informed about the decision.

NINTH CHAPTER

VOTING

Article 59.  Time and Place of Voting

Voting shall take place on the polling day from 7:00 a.m. until 8:00 p.m. at the place designated by the electoral committee of the polling district. The voter shall vote in the polling district on the electoral roll of which his name has been entered, unless this Law provides otherwise.

Article 60. 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 61. Commencement of Voting

On the polling day the polling station shall be opened 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 can be present inside. The chairman of the electoral committee, together with the members of the electoral committee, shall make sure that a ballot box is empty and seal it up. After the polling district electoral committee checks that the polling station has been furnished without violation of the established requirements, the chairman of the polling district electoral committee shall register in the vote count record the total amount of the ballot papers received by the polling district electoral committee from the constituency electoral committee, stamp ballot papers, distribute ballot papers and the voter list among the members of the electoral committee, register the  number  of ballot papers distributed  among each  member  of  the  electoral committee into  the vote  count  record  of  the polling district, and open the polling station, thereby proclaiming the commencement of the elections.

Article 62. Voter Identification

1. At the entrance to the polling station, a voter shall present his voter certificate, passport or other document proving his identity to an electoral committee member of the polling district. Upon having established that the voter has arrived at the polling district on the electoral roll of which he has been entered, a committee member shall hand the voter an arrival card, stamped with the seal of the polling district, indicating the numerical order of the voter’s arrival at the polling station to vote and shall show the committee member to be applied to for a ballot. It shall not be permitted to hand several arrival cards to one voter or to hand another voter’s arrival card to him. 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, shall hand him a guest’s card and refer him to the committee chairman or deputy chairman to find out about voting.

2. The committee member who is instructed to hand out the ballot papers, having established on the basis of the produced documents that the person who arrived to vote is indeed the person who has been entered on the electoral roll, or provided that two persons entered on the electoral roll of that polling district witness to this fact in writing to the electoral committee chairman, shall find the surname of the voter on the electoral roll and shall accept the voter certificate and the arrival card from the person. After the voter and the committee member, who hands ballot papers, sign on the electoral roll of the polling district, the voter shall be handed one ballot paper. The voter certificate and arrival card shall not be returned to the voter. In voting by post, in advance or at home, 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 of another person. The member of an electoral committee who violates this provision shall be liable under law.

Article 63. Voting Procedure

1. Having been handed a ballot paper, the voter shall proceed to the voting booth and mark the ballot paper. It shall be prohibited to mark a ballot paper outside the voting booth.

2. On a ballot paper the voter shall mark that list of candidates whom he is voting “for” and shall, in the places specially designated for this purpose, put down the election numbers of five chosen candidates from the list of candidates he has voted for. If the election number of the same candidate is put down two or more times, only one vote shall be counted for this candidate according to this ballot paper.

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

4. Upon the request of a voter, a spoiled ballot paper shall be exchanged for a new one. After a spoiled ballot paper is crossed out and signed by the member of the electoral committee who hands out a new ballot paper, the spoiled papers shall be kept separately.

5. The voter who because of his physical disability is unable to mark his ballot paper and cast it 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 in his place. A voter who has no physical disabilities, which would prevent him from filling in the ballot paper, must vote by himself.

Article 64. Voting by Post

1. Voting by post shall be made possible for voters who due to the health or age are in healthcare (except out-patient), social guardianship and care establishments or carry out mandatory military service and therefore are unable to arrive at a polling district, or they carry out active military service, civil service or work under employment contracts in international military operations abroad, or serve a sentence of arrest or imprisonment. Postal voting shall be possible at post offices set specially for postal voting (hereinafter referred to as “special post offices”) during their business hours on a last Wednesday, Thursday or Friday before the polling day. In military units deployed abroad postal voting shall be conducted in accordance with the procedure laid down by the Central Electoral Committee, on the recommendation of the Ministry of National Defence. Expenses related to postal voting shall be covered with the funds of the State Budget.

2. The head of an appropriate post office shall be responsible for organising postal voting. The chairman of the electoral committee of the polling district on the territory whereof the post office is situated shall be responsible for organising the supervision over the post office work related to voting by post. He shall, in conjunction with the chairmen of other polling district committees whom the constituency electoral committee has assigned with such a task, organise that members of polling district committees participate during voting in special post offices. Commanders of military units deployed abroad shall be responsible for organising voting by post in those units.

3. The head of the post office, with the consent of the constituency electoral committee, shall appoint postal workers for the issue and collection of ballot papers and voucher envelopes during voting by post, who are entrusted with the work with election documents. If the constituency electoral committee requests so, the head of the post office must remove a postal worker from work with election documents. Postal workers who are authorised to issue and accept election documents shall be issued by the constituency electoral committee the certificates in the established form. A postal worker who is not in possession of such certificate shall not have the right to issue and accept election documents. 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 on this certificate, and the head of the post office shall immediately notify the constituency electoral committee about this remark.

4. In the places referred to in Articles 66, 67 and 68 of this Law there must be some premises (place) where the voter can, without interference and in secrecy, mark the ballot papers and put them into a voucher envelope. In these cases voting procedure may be observed by the observers who have certificates permitting them to observe elections in any polling district.

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

6. The voter shall vote personally and in secrecy:

1) mark the ballot paper;

2) put  the marked  ballot paper  into  the  voucher envelope;

3) seal  the voucher  envelope;

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

5) seal the outer envelope.

7. The sealed outer envelope (with the voter certificate, voucher envelope and ballot papers in it) the voter shall hand to a postal worker (person who issued election documents). Upon having received the envelope handed by the voter, the postal worker shall seal the envelope with a special mark and give the voter a receipt confirming the acceptance of this envelope.

8. Actions referred to in paragraphs 6 and 7 of this Article shall be carried out by a voter himself. If because of the physical disability a voter is unable to carry out the said actions himself, at his request such actions shall be carried out by a person he chooses. This person must mark the ballot papers in the voter’s presence in compliance with his instructions and preserve the secrecy of voting.

9. Postal workers shall be prohibited from carrying out for a voter the actions referred to in paragraphs 6 and 7 of this Article, as well as accepting from the voter an outer envelope which is not sealed, issuing voters with election documents in other places and to other persons than those provided for in Articles 66, 67 and 68 of this Law.

10. Voters shall be prohibited from taking out of special post offices the postal ballot papers, voucher envelopes or handing them to other persons.

Article 65. Voting at Home and Voting in Advance

1. Only the following persons may vote at home: disabled voters, voters with temporary working incapacity, voters aged 70 and over if because of the health condition they are unable to come to a polling district on polling day and if they have produced a voter’s request, the form of which is set by the Central Electoral Committee, for voting at home and are entered on the roll of voters voting at home. Electoral committees which make up and verify such lists shall be entitled to receive information concerning disabled persons from the State Social Insurance Fund Board or its territorial departments, and information concerning persons with temporary working incapacity – from healthcare establishments. Electoral committees may not disseminate this information and shall use it only for the purpose of making-up and verification of lists of voters voting at home.

2. Only those voters may vote in advance, who are unable to arrive to a polling district to vote on polling day. A constituency electoral committee shall organise voters’ voting in advance. Voting in advance must be conducted from 12.00 to 8.00 pm on the Wednesday and Thursday preceding a polling day, in the premises prepared beforehand and fitted for voting, which are situated in the building in which a workplace of the municipal mayor (director of the administration) is located. In order to hand out and accept ballot papers and voting envelopes when voting in advance, the chairman of a constituency electoral committee shall appoint not less than 2 members of a constituency electoral committee or district electoral committees who may not be proposed by the same political party. Voting in advance shall be supervised by the chairman of a constituency electoral committee or, upon his instruction, a member of the constituency electoral committee. 

3. Voters’ requests for voting at home shall be submitted to polling district committees. The committees shall begin to accept requests of voters, residing within the territory of a concrete polling district, for voting at home by handing voter certificates to such voters and end accepting the requests on the Thursday preceding a polling day. Accepting of requests for voting at home of voters who temporarily stay within the territory of a concrete polling district and have not been entered on the electoral roll of this polling district shall end on the Tuesday preceding a polling day. A voter who because of his physical disability is unable to fill in a request for voting at home or to hand it to a polling district committee, may authorise his family member, neighbour or a person who takes care of him to carry out the said actions for him. These persons shall sign the voter’s request and indicate their name, surname and personal number.

4. On the Thursday preceding a polling day a polling district committee shall draw up and approve a roll of voters voting at home who are entered on the electoral roll of that polling district. On the Wednesday preceding a polling day a constituency electoral committee shall draw up and approve a roll of voters who reside or temporarily stay within the territory of a concrete polling district, but have been entered on the electoral roll of another polling district and have not been entered on the electoral roll of this polling district when revising them.

5. On the Friday or Saturday preceding a polling day, from 8.00 am to 8.00 pm at least two members of a polling district committee shall deliver voucher envelopes and ballot papers to the homes of the voters who have been entered on the roll of the polling district voters voting at home and who are the voters of this polling district. On the Thursday preceding a polling day at least two members of a constituency electoral committee or, upon the instruction of its chairman, at least two members of a polling district committee shall deliver voucher envelopes and ballot papers to the homes of the voters who have been entered on the roll of the constituency voters voting at home, but who have not been entered on the electoral roll of the polling district within the territory of which they temporarily stay. Voting at home and voting in advance may be observed by election observers who have a certificate to observe elections in any polling district. After the completion of voting, sealed outer envelopes shall be transferred to the post office which shall transfer them to polling districts together with election documents of voters who voted by post. Lists of voters who voted at home and in advance, ballot papers which were not used, shall be included into the accounting and preserved by the electoral committees which organised voting. After the end of elections such committees shall transfer the said documents together with other elections documents to an appropriate constituency electoral committee or the Central Electoral Committee.  

6. A concrete schedule of electoral committee members’ coming to the homes of voters shall be approved by the chairman of a polling district or constituency committee not later than, respectively, in the Thursday or Wednesday preceding the noon of a polling day. This schedule shall be made public; its copy shall be posted up on the billboard of the polling district (constituency) electoral committee on the day of approval of the schedule. Only the electoral committee members and election observers proposed by different political parties may come together to the homes of the voters.

7. The provisions of paragraphs 4, 5, 6, 7, 8, 9 and 10 of Article 64 of this Law shall apply to voting at home and voting in advance.

8. The sealed outer envelope (with the voter certificate, voucher envelope and ballot papers in it) the voter shall hand to a member of the polling district (constituency) electoral committee. Upon having received the envelope handed by the voter, he shall seal the envelope with a special mark and give the voter a receipt confirming the acceptance of this envelope.

9. When a voter votes at home, it shall be prohibited to exert influence on his determination and to hasten his voting. Committee members and observers shall be prohibited from carrying out the actions for a voter, referred to in paragraphs 6 and 7 of Article 64 of this Law, as well as from accepting an unsealed outer envelope from a voter. Voters shall be prohibited from taking out ballot papers or giving them to another persons.

Article 66. Voting in Healthcare (except out-patient) Facilities and Institutions of Social Guardianship and Care        

1. Voters who because of their health condition or age are in healthcare (except out-patient) facilities, institutions of social guardianship or care shall be entitled to vote in such institutions.

2. A constituency electoral committee shall, not later than 15 days prior to a polling day and upon the recommendation of the heads of the institutions specified in paragraph 1 of this Article, draw up a list of special post offices and, upon the recommendation of the head of the post office, set such working hours of the post offices that the days of voting in them would be in compliance with paragraph 1 of Article 64 of this Law.

3. The heads of the institutions referred to in paragraph 1 of this Article shall draw up a list of voters voting in a special office. The following must be indicated in such a list: voter’s name and surname, personal number, whether or not a voter has a voter certificate. The head of the institution shall transfer a list of voters voting in a special post office to a constituency electoral committee, receive voter certificates from it or print them according to the date received via means of electronic communication and ensure the delivery of the certificates to voters, allot the premises appropriate for voting, and be responsible that the voters would be notified about the working place and time of a special post office, and that the conditions would be created for voters to reach it.

4. Voters who are able to move shall vote themselves in accordance with the procedure covered in paragraphs 6 and 8 of Article 64 of this Law. Voters who are unable to move shall be visited by at least 2 polling district committee members, election observers (should they wish so) and employees of special post offices.

 5. If because of the physical disability voters are unable to vote themselves, they may entrust other persons to vote for them. These persons must mark the ballot papers in the presence of the voter according to his instructions and preserve the secrecy of voting.  

6. Electoral committee members, employees of a special post office and election observers shall be prohibited from carrying out the actions related to voting, as well as from accepting from the voter an outer envelope which is not sealed.

7. It shall be prohibited to exert influence upon the self-determination of a voter voting in healthcare (except out-patient), social guardianship and care institutions, or to rush him to vote.

Article 67. Voting in Military Units

1. Voters performing mandatory military service shall be entitled to vote in the military units where they serve. Voters performing active military service, civil service or working under employment contracts in international military operations abroad shall be entitled to vote in military units stationed abroad, which participate in those international military operations. The procedure for voting in military units stationed abroad shall be laid down by the Central Electoral Committee on the recommendation of the Minister of National Defence. 

2. A constituency electoral committee shall, not later than 15 days prior to a polling day and upon the recommendation of the commanders of military units stationed within the territory of the Republic of Lithuania, draw up a list of special post offices and, upon the recommendation of the head of the post office, set such working hours of the post offices that the days of voting in them would be in compliance with paragraph 1 of Article 64 of this Law.

3. The commanders of military units shall draw up a list of voters voting in a special office. The following must be indicated in such list: voter’s name and surname, personal number, constituency (name and number), whether or not a voter has a voter certificate. The commander of a military unit shall transfer a list of voters voting in a special post office to a constituency electoral committee, receive voter certificates from it or print them according to the date received via means of electronic communication and ensure the delivery of the certificates to voters, allot the premises appropriate for voting, and be responsible that the voters would be notified about the working place and time of a special post office, and that the conditions would be created for voters to reach it. In it is impossible to set a special post office or to ensure that voters will be able to properly carry out actions related to voting, the commanders of military units (with the exception of the commanders of the military units stationed abroad) shall create conditions for voters to go to another special post office for voting or on polling day to travel to a polling district on the electoral roll of which they have been entered.

4. The provisions of paragraphs 6, 7, 8 and 10 of Article 64 of this Law shall apply to voting in military units.

5. It shall be prohibited to exert influence upon self-determination of a voter voting in a military unit, or to rush him to vote.

Article 68. Polls in Penal Institutions

1. Voters who serve arrest or imprisonment sentence shall be entitled to vote in an institution they serve a sentence.

2. A constituency electoral committee shall, not later than 15 days prior to a polling day and upon the recommendation of the heads of penal institutions, draw up a list of special post offices and, upon the recommendation of the head of the post office, set such working hours of the post offices that the days of voting in them would be in compliance with paragraph 1 of Article 64 of this Law.

3. The heads of penal institutions shall draw up a list of voters voting in special post offices. The following must be indicated in such list: voter’s name and surname, personal number, constituency (name and number), whether or not a voter has a voter certificate. The head of a penal institution shall transfer a list of voters voting in a special post office to a constituency electoral committee, receive voter certificates from it or print them according to the date received via means of electronic communication and ensure the delivery of the certificates to voters, allot the premises appropriate for voting, and be responsible that the voters would be notified about the working place and time of a special post office, and that the conditions would be created for voters to reach it.

4. The provisions of Article 64 of this Law shall apply to voting in penal institutions.

5. The provisions of this Article and Article 64 of this Law shall apply to voting in arrest houses, remand prisons (detention facilities).

6. It shall be prohibited to exert influence on self-determination of a voter voting in penal institutions, or to rush him to vote.

TENTH CHAPTER

COUNTING OF VOTES

Article 69. Counting of Voucher Envelopes and Ballot Papers in Post Offices

1. The procedure for counting voting envelopes and ballot papers in the Republic of Lithuania shall be laid down and this accounting shall be administered by the Central Electoral Committee.

2. Accounting of voucher envelopes and ballot papers for voting by post, their issuing and acceptance when voting shall managed by the heads of appropriate post offices. They shall indicate accounting data in a journal specially designated for this purpose. Accounting of voucher envelopes and ballot papers for voting by post, used when voting in military units stationed abroad, their issuing and acceptance when voting shall managed by the commanders of those military units. They shall transfer to the Central Electoral Committee accounting data pertaining to election documents, unused voucher envelopes, ballot papers and voucher envelopes with ballot papers marked by voters. The Central Electoral Committee shall, not alter than until a polling day, transfer the received voucher envelopes with the ballot papers marked by voters to the committee of a polling district on the electoral roll of which a voter has been entered.

3. The post office head or a person authorised by him shall deliver unused voucher envelopes and ballot papers to the constituency electoral committee one day prior to a polling day.

4. The head of a post office or a person authorised by him shall deliver voucher envelopes containing ballot papers marked by voters to polling district committees on the polling day, but not later than 2 hours before the closing of the polls.

5. Outer envelopes, unused and damaged ballot papers of voters who voted on the Thursday preceding a polling day, shall be transferred to a constituency electoral committee by the members of the electoral committees who went to the homes of the voters pursuant to the provisions of Article 651 of this Law. The constituency electoral committee shall not alter than on the Friday preceding a polling day transfer outer envelopes to a post office.

6. Outer envelopes, unused and damaged ballot papers of voters who voted on the Friday or Saturday preceding a polling day, shall be transferred to the chairman of a polling district committee not later than 9.00 pm of the same day. Having checked the received election papers, the polling district committee shall decide whether or not voting at home has met the requirements of this Law.

7. Outer envelopes shall be kept together with ballot papers.

8. Before starting to count the votes, outer envelopes of voters who voted by post shall be put together with outer envelopes of voters who voted at home, mixed and counted together according to Article 73 of this Law and in the same manner as the votes received by post.

Article 70. Organisation of Work of a Polling District Electoral Committee When Counting Votes

1. The chairman of the polling district electoral committee shall organise and supervise vote count in the committee. His instructions for vote count shall be compulsory and all persons present in the polling station must adhere to them. He must ensure that votes would be count 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 decision. The decision shall be entered on the vote count record and shall be signed by the committee chairman. The decision must be enforced immediately and, if necessary, the electoral committee may consider it only after the vote counting record has been signed.

2. All of the data which are entered into the record must be publicly announced in such a manner that all the persons participating in vote count would hear them. If the validity of a 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 71. Accounting of Ballot Papers in Polling Districts

1. Upon the closing of a 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 in the vote counting record. 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 the committee member has handed all ballot papers lawfully.

3. The 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 stamp these envelopes. The number of unused or spoiled ballot papers shall be entered in the vote counting record.

Article 72. 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 whether the ballot box seals of the polling district have not been broken and whether there are no other signs, 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 constituency electoral committee. The constituency electoral committee shall take a decision concerning calculation of votes of this ballot box.

2. Having ascertained, in the presence of at least 3/5 if the members of the committee as well as observers, that the ballot box has not been tampered with, it shall be opened, all ballot papers shall be placed on tables on which there are no other documents and writing-materials (except black lead pencils), and the committee shall start counting the votes. When counting, the committee may divide all ballot papers into groups according to votes cast by voters for lists of candidates and additionally single out a group of ballot papers with which the voter has not voted for any list of candidates or has voted for several lists. Upon having counted the ballot papers in the said groups, the number of votes cast by voters for lists of candidates and the number of invalid ballot papers shall be set. Ballot papers which do not hold necessary attributes (irregular ballot papers, unstamped or stamped with a seal of another electoral committee, etc.) must, if found, be separated from the rest of the ballot papers. The constituency 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. All ballot papers must be recounted at least two times. The second time different committee members must check whether ballot papers are grouped according to the marks made by voters, as well as recount the ballot papers. Counting results must be proclaimed and entered in the record of vote counting of the polling district, 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 for lists of candidates by voters who voted in the polling station of the polling district, counting of postal votes 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 for whom the voter have cast a preference vote or votes, may not be declared invalid solely 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 or as when it is impossible to define voter’s will from the inscription or inscriptions regarding the preference, a 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 three 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 committee must recount the votes if at least one committee member or observer requests so before the signing of the vote counting record.

6. The Central Electoral Committee shall lay down a specific procedure for the counting of ballot papers and votes not later than 14 days before elections.

Article 73. Keeping of the Records of Voters who Have Voted by Postal Envelopes and the Counting of their Votes and Preference Votes for a Candidate

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

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

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

3) a voter certificate shall  be  taken  out  of  the  outer envelope, the voter’s surname shall be read aloud, it shall be checked against  the voter  list of  the polling district, and  the voucher  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 outer envelope; or if there is more than one voucher envelope in the outer envelope - the seal shall not be stamped and the ballot paper in the envelope shall be considered invalid. This fact must be noted on the voucher envelope (voucher envelopes). The content of such envelopes shall not be reckoned in the vote counting record of the polling district;

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 or at home;

5) the  stamped voucher 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 stamped voucher envelopes shall be opened. If there is more than one ballot paper in the voucher 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 71.

2. If only one sealed voucher envelope for voting by post or at home is in the polling district (committee), in order to protect the secrecy of voting, it shall not be opened, and shall be handed over to the constituency electoral committee which has formed this committee. The constituency electoral committee 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, this part of the record have been signed by the committee members, chairman and observers and the polling district committee has announced to the constituency electoral committee that the votes for lists of candidates were counted, the polling district committee may commence counting votes cast for candidates (preference votes). The polling district committee may decide to count preference votes at once or, with the consent of the chairman of the constituency 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 constituency electoral committee. In this case, the constituency electoral committee, after it has accepted election documents from the polling district 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 committee from which it has got the preference votes to count such votes;

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

4. If the committee counts preference votes the next day or recounts ballot papers, it shall, in the presence of at least 3/5 of the members, check whether the special envelope (envelopes) has (have) not been opened. If the polling district committee takes 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 constituency electoral committee. The Central Electoral Committee shall be immediately informed about this. The constituency electoral committee shall take 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 constituency 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 constituency electoral committee is situated, and the other in the facilities 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 are no 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. A specific procedure for counting preference votes shall be laid down by the Central Electoral Committee not later than 7 days prior to elections. Votes must be counted in such a way that this 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, ballot papers shall be packed, the package shall be sealed and transferred to the constituency electoral committee.

Article 74. Vote Counting Record of the Polling District

1. One vote counting record consisting of two parts shall be drawn up in every polling district, the first part of which shall include:

1) the number of voters in the polling district;

2) the  number of  ballot papers received from the constituency 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 voter signatures, 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 ballot papers found in the ballot box by which voters did not vote for any list of candidates or voted for several lists of candidates;

8) the number of  ballot papers found in  the ballot box by with which voters voted for one list of candidates;

9) the number of votes found in the ballot box which have been separately cast for  each list of candidates;

10) the number of voting envelopes of voters who voted at home, the number of voting envelopes received by post, the total number of voting envelopes received by post or at homes, and the number of stamped voucher envelopes;

11) the number of ballot papers received by post, by which voters did not vote for any list of candidates or voted for several lists;

12) the number of ballot papers received by post by which voters voted for one list of candidates;

13) the  number of votes received by post, cast for each list of candidates;

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

15) the total number of ballot papers by which voters did not vote for any list of candidates or voted for several lists; and

16) the total number of votes cast for each list of candidates.

2. 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 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 found in the ballot box of the polling district. The number of the voters who have participated in the polls in the polling district shall be established according to the number of the ballot papers found in the ballot boxes of the polling districts and the number of the ballot papers received by post.

3. If more ballot papers are found in the ballot box than were delivered to voters, the committee shall take measures to ascertain the causes. This fact shall be entered in the vote counting record, indicating the number of extra ballot papers, which were found.

4. After all data have been entered in 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), this part of the vote counting record of the polling district shall be signed by the chairman and members of the polling district electoral committee. Following this, the observers shall sign the first part of the vote counting record. Their marks, the separate opinions of the members of the committee shall be appended to the first part of the vote counting record and shall be an inseparable part thereof. At their request, an extract from the first part of the record shall be presented to the observers.

5. The second part of the vote counting record shall include:

1) the number of ballot papers which are being counted;

2) the number of preference votes received by each candidate;

3) the sum of the preference votes received by all candidates;

4) the number of invalid ballot papers;

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

6. After all data have been entered in the second part of the polling district vote counting record and all counted ballot papers have been put into the sealed packages, this part of the polling district vote counting record shall be signed by the chairman and members of the electoral committee. After that the observers shall sign the second part of the record.  Their remarks, the separate opinions of the members of the committee shall be appended to the second part of the record and shall be an inseparable part thereof.

7. If the polling district committee or the constituency electoral committee establishes that a mistake has been made in the data recorded in the first part of the vote counting record, a record shall be drawn up to correct the mistake. The second part of the record and ballot papers shall be returned to the constituency electoral committee. The constituency electoral committee shall take a decision concerning the mistake.

Article 75. Invalid Ballot Papers

1. Invalid ballot papers shall be:

1) ballot papers of a non-established sample;

2) ballot papers stamped with the seal of the electoral committee of the wrong polling district (ballot papers received by post – not stamped with the seal of the constituency electoral committee);

3) ballot papers of the wrong constituency;

4) ballot papers by which the voter did not vote for any list of candidates (marked more than  one list of candidates; did not mark any lists of candidates; it is impossible to ascertain the voter’s will from the mark made thereon).

Article 76. Presentation of Documents of the Polling District to the Constituency 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 seal them in the manner prescribed by the Central Electoral Committee. The packages shall be delivered together with the vote counting record and its annexes, electoral rolls, records of the polling district electoral committee and financial documentation for the whole period of its work to the constituency electoral committee within 12 hours of the closing 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 77. Counting of Votes in the Constituency Electoral Committee

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

1) whether all required documents (packages and special envelopes 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 first part of the vote counting record; whether they do not contradict one another; whether they correspond to the data available to the polling constituency electoral committee (the number of ballot papers issued to the polling district electoral committee, the number of voters, the number of outer envelopes received by post, the number of all ballot papers according to the first and second parts of the record); whether all of the necessary signatures are put; whether all separate opinions of the committee members, remarks of observers are appended to the record in which they are specified;

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

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

3. The packages sealed by the polling district electoral committees, which contain ballot papers or other election documents, may be opened in the constituency electoral committee only by the decision of the constituency electoral committee. The special envelope with ballot papers in the constituency electoral committee to count votes may be submitted only to the chairman of the polling district electoral committee or to a committee member authorised by him in writing. The Central Electoral Committee and the Ministry of the Interior must ensure the security of transportation of special envelopes with ballot papers and the persons who transport them.

4. Upon establishing the shortage of documents submitted by the polling district electoral committee, the constituency electoral committee shall take measures to eliminate the shortage, request the chairman of the polling district electoral committee to supply the missing documents.

5. The constituency electoral committee shall count the votes in the following manner: totals the data submitted by the polling district electoral committees and adds to them those votes cast by the voters by post, which have been counted in the constituency electoral committee.

Article 78. Presentation of Vote Count Documents of the Constituency to the Central Electoral Committee

All documents (except financial documentation) received from polling districts, electoral rolls, the vote counting record of the constituency, the records of the constituency electoral committee for the whole period of the activities and other election documents shall be put into special packages and sealed by the constituency electoral committee. Packages shall be delivered to the Central Electoral Committee within the time limits fixed by the Central Electoral Committee.

Article 79. Participation of 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 calculation of votes in polling districts and constituencies, and also in the establishment of election results in constituencies.

2. The observers shall be entitled to make remarks and claims to the appropriate 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 observers shall be entitled to make a written protest to the polling district electoral committee, which shall be  appended to the vote counting record of the polling district and delivered to the constituency electoral committee together with other election documents of the polling district. The protest of an election observer to the constituency electoral committee shall be attached to the vote counting record of the appropriate constituency. The protests shall be considered by that electoral committee to whom they have been filed.

Article 80. Publication of the Preliminary Election Results

1. Preliminary election results may be proclaimed only by the Central Electoral Committee. If the constituency electoral committee communicates 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 on the Internet in the first place.

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

 Article 81. Complaints against the Decisions of Electoral Committees which Have Been Adopted after the Closing of Voting

1. Parties, which have nominated lists of candidates, candidates for councillor, 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 constituency electoral committee not later than within 24 hours of their drawing up. These complaints must be considered not later than within 24 hours.

2. The decisions of the constituency electoral committee concerning vote counting records may be appealed against to the Central Electoral Committee not later than within 72 hours following their drawing up and must be considered before the official proclamation of election results.

3. While considering complaints against the decisions of polling district electoral committees concerning the drawing up of vote count records, constituency 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 mathematical error in the records, incorrectly counted valid and invalid ballot papers, the committees shall draw up an additional vote counting record of the polling district and appended it to the vote counting record of the polling district. The constituency electoral committee shall have no right to nullify the vote counting records of the polling district electoral committee.

4. While considering the complaint against the decision of the constituency electoral committee concerning the drawing-up of the vote counting record of the constituency, the Central Electoral Committee may recount ballot papers which are presented by the constituency electoral committee, and, in the event of an mathematical error in the record, incorrectly counted valid or invalid ballot papers, shall draw up an additional vote counting record of the constituency, polling district and append it to the vote counting record of  the constituency.

5. After the official proclamation of the final election results until the first sitting of a newly elected municipal council the parties which have nominated the lists of candidates, candidates for councillor, municipal councillors may appeal to the Supreme Administrative Court of Lithuania against any decisions of the Central Electoral Committee or its other activities, within 5 days after the adoption of the decision of the Central Electoral Committee or after the contested activity has become known. The Supreme Administrative Court of Lithuania shall investigate such complaints within 5 days. Its decision shall become effective from the moment of its pronouncement.

6. After the first sitting of a newly elected municipal council the parties which have nominated the lists of candidates, persons entered on the lists of candidates for councillor who received mandates, municipal councillors may appeal to the Supreme Administrative Court of Lithuania against decisions of the Central Electoral Committee taken on the termination of the powers of a municipal councillor or recognition of the powers for new municipal councillors, or refusals to take these decisions, within 15 days after coming into effect of the decision. The Supreme Administrative Court of Lithuania shall investigate such complaints within 15 days. Its decisions shall become effective from the moment of its pronouncement.

Article 82. Vote Counting Record of the Constituency Electoral Committee

1. In accordance with vote counting records of polling districts, and when necessary - according to ballot papers and other documents, the constituency electoral committee shall establish:

1) the  number  of  voters  who  have  participated  in  the elections in the constituency;

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

3) the  number of  votes cast  for  each list of  candidates and the  number of  votes cast  for each list  of  candidates.

2. The post-voting order of succession of a list of candidates shall be made for each list of candidates separately according to the preference votes cast for each candidate. The candidate who received more preference votes shall be entered higher on the post-voting list. If candidates received equal number of preference votes or less than there are councillors being elected in this constituency, the candidate whose position is higher in the order of succession in the application documents shall be entered higher on the list.

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

ELEVENTH CHAPTER

ESTABLISHMENT AND PROCLAMATION OF ELECTION RESULTS

Article 83. Establishment of Election Results in Multi-Member Candidate Constituencies

1. The preliminary election results shall be established by the constituency electoral committee after the constituency vote counting record has been signed.

2. Mandates for lists of candidates shall be distributed according to the number of votes received by each of a list applying the method of quotas and remainders. The list of candidates of a party may obtain the candidate to councillor mandates (participate in the distribution of mandates) only, if no less than 4 per cent of the voters had voted in favour of it, and the list of coalition candidates - if no less than 6 percent of votes of voters, who participated in the polls, were obtained. If less than 60 percent of voters voted for the lists participating in the distribution of mandates, the right to participate in mandate distribution shall be acquired by that list of candidates, which up to that time, had not participated in the distribution of mandates (the lists, if an equal number of voters has voted in favour of them), in favour of which was voted by the majority of voters. In the same fashion, the number of the lists of candidates, who hold the right to participate in mandate distribution, shall be increased to reach such a number that not less than 60 percent of votes would be cast for the lists of candidates participating in the vote distribution.

3. The quota of vote distribution shall be counted. It shall be equal to the sum of votes received by the lists participating in the vote distribution divided by the number of mandates. If when dividing, a remainder is received, 1 shall be added to the quotient.

4. The amount of votes cast for each list shall be divided by the quota of the mandate distribution according to the lists. The received integer quotient shall be the number of mandates for each list according to the quota of the mandate distribution, and the remainders of this division shall be used to distribute the remaining mandates according to the remainders. Therefore, all names of the lists of candidates 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 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 of candidates according to the order of 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 accordance with the post-voting order of succession of candidates.

Article 84. Establishment and Proclamation of the Final Election Results

1. The Central Electoral Committee shall approve the final election results after it has considered all complaints and established all election results in a particular constituency, but not later than within 7 days following the polls. The Central Electoral Committee shall approve without deliberation the decisions of those constituencies with regard to which within 3 days after the polls no complaints for the violation of this Law which had an essential effect on election results have been received from the representatives of the party which nominated the lists of candidates. Following approval by the Central Electoral Committee of its decision, the constituency electoral committee shall publish the constituency election results no later than within 2 days of the decision approval.

2. If the Central Electoral Committee changes the decision of the constituency election committee or adopts a decision concerning a vacant municipal councillor’s seat, the Central Electoral Committee shall proclaim the election results and issue the councillor certificates no sooner than 7 days following this, and finish no later than within 10 days following the proclamation of the election results or the decision.

3. The Central Electoral Committee shall refund the election deposits to the parties which have submitted the lists of candidates, who participated in the mandate distribution, with the exception of the deposits for the lists in those constituencies in which they did not participate during the elections when distributing mandates.

4. The Central Electoral Committee shall within 3 months from the proclamation of the final election results publish a book about the election results and shall within 4 months transfer the vote counting records of polling districts and constituencies, application documents, minutes of the sittings and the decisions of the Central Electoral Committee, as well as the set of samples of election documents to the State Archives for unlimited preservation. After that the Central Electoral Committee may decide to destroy the election documents that are not subject to preservation.

Article 85. Declaration of the Election Invalid

The Central Electoral Committee may declare the election results in the constituency invalid if it establishes that severe violations of this Law committed in the polling district or constituency, or the falsification of documents or the loss thereof had an essential effect on the election results, and the following essential results cannot be determined from the vote counting records or other election documents: it is possible to establish the number of lists of candidates participating in the distribution of mandates or the number of mandates going to a list of candidates only by more than one mandate accuracy.

Article 86. Run-off Elections

1. Run-off elections shall be held, if the election to the council has been declared invalid in accordance with the procedure established by this Law.

2. Run-off elections shall be held no later than within 3 months following the recognition of the elections invalid. The Central Electoral Committee shall also take a decision concerning the extension of the authorisation of the constituency electoral committee to hold run-off elections, to change its composition or to make up a new one. Further, run-off elections shall be held according to the procedure established by this Law. The election deposits of the parties submitting lists of candidates, who previously registered to participate in elections in this constituency, shall be counted.

3. Upon declaring by the Central Electoral Committee the results of run-off elections in the constituency invalid, the Seimas of the Republic of Lithuania shall consider a motion made by the Committee on State Administration and Local Authorities regarding introduction of direct rule into the municipality and set the date of by-elections to the council.

Article 87. Discontinuation of the Powers of a Municipal Councillor Prior to the Expiration of His Term of Office

1. The powers of municipal councillor shall discontinue or he shall lose the right to hold office of municipal councillor:

1) upon his resignation - namely, according to a resignation statement written down by the councillor himself. This statement of the councillor must be notarised or signed by the mayor of the municipality and the head of the party, which had nominated the councillor, or the councillor should personally submit it to the Central Electoral Committee;

2) if he has failed to attend 3 consecutive municipal council meetings without a reasonable excuse - in accordance with the recommendation of the Commission of Ethics of the municipal council and the decision of the Central Electoral Committee;

3) if the court declares him legally incompetent - in accordance with an effective decision of the court;

4) according to an effective judgement of conviction of the court - in accordance with an effective judgement of the court;

5) if he leaves for permanent residence outside the territory of a municipality the municipal councillor of which he has been elected – according to the notification of the municipal mayor and the information of the population register;

6) if it comes to light that the councillor has violated the provisions of Article 89 - in accordance with an effective decision or judgement of the court;

7) upon the death of the councillor - in accordance with a copy of a notarised death certificate;

8) if the court takes a decision on the deportation of the councillor who is not a citizen of the Republic of Lithuania from the Republic of Lithuania - in accordance with an effective decision of the court;

9) if he moves to the post incompatible with the post of municipal councillor or does not resign from such a post.

2. Moreover, the powers of municipal councillor shall discontinue when direct rule is temporarily introduced within the territory of a municipality in accordance with the procedure laid down by law by the decision of the Seimas of the republic of Lithuania, with the exception of the cases temporary introduction of direct rule pertains to introduction of state of emergency within the territory of a municipality.

3. A municipal councillor, before moving to the post which is incompatible with the post of municipal councillor under the Constitution, this and other laws, or who holds such post, shall personally submit to the municipal mayor or the Central Electoral Committee a written statement (statements) concerning the renouncement of a mandate of municipal councillor or mails such statement, upon having it notarised. A person who has not notified the Central Electoral Committee that he moves to the post incompatible with the post of municipal councillor or that he holds such post shall be held liable under the procedure laid down by the Code of Administrative Offences.

4. The Central Electoral Committee shall, within 15 days from the occurrence of the grounds referred in paragraph 1 of this Article, recognise the powers of a municipal councillor as discontinued before the expiration of his term of office.    

Article 88. Filling a Vacant Seat in the Council

1. If the powers of a municipal councillor discontinue before the expiration of his term of office on the grounds specified in paragraph 1 of Article 87 of this Law, or a municipal councillor loses his mandate, a vacancy occurs in the council for the position of municipal councillor. It shall be filled in the following manner: the top candidate who did not receive a councillor mandate, from the post-voting list of candidates according to which the former councillor had been elected, shall become municipal councillor. If on this list of candidates there are no candidates who have not received mandates, the councillor’s mandate shall be transferred to another list according to the order of succession of the lists of candidates made after the election for the distribution of mandates by the method of remainders, i.e., that list which comes first following the list which was the last to receive its mandate according to this order of succession, and the first candidate, not having received his mandate who appears on the list with the newly-received mandate shall become municipal councillor. When the circumstances which constituted the grounds for recognising the powers of a municipal councillor as discontinued before the expiration of his term of office under subparagraph 5 or 9 of paragraph 1 of Article 87 of this Law, cease to exist, or when the circumstances due to which persons who were elected municipal councillors have lost the mandate of municipal councillor under Article 90 of this Law for the time period between elections cease to exist, they shall enjoy the right of precedence to be candidates who have not received the mandate of municipal councillor to fill a vacancy of municipal councillor in the post-voting list of candidates, if they submit within 15 days to the Central Electoral Committee a notarised request to recognize the positions on the post-voting list  of candidates who have not received the mandate of municipal councillor. It shall be permitted to recognise only once a position of such persons on the post-voting list of candidates who have not received the mandate of municipal councillor. The Central Electoral Committee must take a decision concerning recognition of the mandate of municipal councillor for a new municipal councillor not later than within 7 days after the occurrence of a vacant seat in the council.

2. If the person, who should receive the mandate of councillor in accordance with part 1 of this Article, is unable to become councillor according to Article 2 of this Law or if upon his becoming councillor, the provisions of Article 87 of this Law must apply to him immediately, this person shall then be passed over in the order of succession of the list of candidates for municipal councillor.

Article 89. Loss of the Mandate of Municipal Councillor because of the Failure to Disclose to Voters the Previous Conviction Imposed by the Court Judgement (Decision)

1. Each candidate for the post of councillor must publicly announce if after 11 March 1990 he has been found guilty of the crime by the effective judgement (decision) of the court of the Republic of Lithuania or a foreign state, or if he ever has been found guilty of the serious or grave crime by the effective judgement (decision) of the court of the Republic of Lithuania or a foreign state. The candidate shall indicate such fact in the questionnaire of a candidate for councillor, regardless of the fact whether the previous conviction is over or not. An election poster of a list of candidates, issued by the electoral committee, must contain the following notice beside the surname of the candidate: “Has been found guilty by the court judgement". This shall not be obligatory if the person was found guilty of the crime against the state by the court of the occupation regime.

2. If the candidate has failed to indicate this and there is a court’s judgement (decision) which has become effective after 11 March 1990 by which the person has been found guilty of the crime, or if the person has been ever found guilty of the serious or grave crime by the effective judgement (decision) of the Republic of Lithuania or a foreign state, the electoral committee shall not register him as a candidate for municipal councillor, and in the event it has already registered him, the Central Electoral Committee shall immediately cancel the registration. If the candidate has not indicated such fact and after the elections to the council it shall become established that there exists a judgement (decision) of the court of the Republic of Lithuania or a foreign state by which the person has been found guilty of a certain criminal activity, the Central Electoral Committee shall within 15 days shall terminate his powers as councillor. These requirements and actions of electoral committees shall not apply if a person was found guilty of the crime against the state by the court of the occupation regime.

Article 90. Post Incompatible with the Post of Municipal Councillor, and the Loss of the Mandate of Municipal Councillor

1. The post of municipal councillor shall be incompatible with the post of President of the Republic, Seimas member, European Parliament member, Government member, county governor or deputy county governor, Government representative in the county, Auditor General and his/her deputies. Moreover, the post of municipal councillor shall be incompatible with the post of civil servant employed with the Office of the Auditor General or the Office of Municipal Controller, with the post of director of the municipal administration and his/her deputy or the post of civil servant of the municipal administration, the post of head of a municipal budgetary establishment, the post of sole head and member of the collegiate management body of a municipal public establishment, municipal undertaking, the post of a member of the collegiate management body (board) of the companies controlled by a municipality or the post of head of a company controlled by a municipality.

2. If a person holds the post that is incompatible with the post of municipal councillor under the Constitution, this or other laws, when elected a municipal councillor, he must decide and renounce the said post or a mandate of elected municipal councillor. An elected municipal councillor who decided to renounce the mandate of municipal councillor, shall, not later than 10 days left before the first sitting of a municipal council, submit to the Central Electoral Committee personally or by mailing a notarised application concerning the renouncement of the mandate of municipal councillor. Upon the receipt of this application, the Central Electoral Committee, in the capacity of the mandates commission, shall, not later than 7 days left before the first sitting of a municipal council, take a decision regarding the loss of the mandate of an elected municipal councillor and recognition of the mandate for a new municipal councillor. Candidates of the post-voting list of candidates for a vacancy in the seat of municipal councillor, who have decided to renounce the mandate of elected municipal councillor, must also submit to the Central Electoral Committee applications concerning the renouncement of the mandate of municipal councillor not later than 7 days left before the first sitting of a municipal council. If an elected municipal councillor does not notify not later than 10 days left before the first sitting of a municipal council the Central Electoral Committee that he renounces the post, which is incompatible under this Law with the post of municipal councillor, the Central Electoral Committee, in the capacity of the mandates commission, shall, not later than 7 days left before the first sitting of a municipal council, take a decision on the loss of the mandate of this municipal councillor.

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

PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS

Appendix to the Law of the Republic of Lithuania

on Elections to Municipal Councils

LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THE LAW ON ELECTIONS TO MUNICIPAL COUNCILS

Council Directive 94/80/EC of 19 December 1994 laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member Sate of which they are not nationals (OJ 2004 special edition, Chapter 20, Volume 1, p. 12) with the latest amendments adopted by Council Directive 2006/106/EC of 20 November 2006 (OJ 2006 L 363, p. 409).