Local Government Council Election Act
Passed on
(RT I 1996, 37, 739; consolidated to
1999, 60, 618),
entered into force
Chapter 1
General Provisions
(1) Members of local government
councils shall be elected in free elections on the basis of a general, uniform
and direct right to vote, by secret ballot.
(2) Voting in local government council
elections shall be held in the territory of the corresponding local government
unless otherwise provided by law.
(3) A local government council shall be
elected for a term of three years, except in the case provided for in
subsection 12 (4) of this Act. (10.06.98 entered into force 06.07.98 – RT
I 1998, 57, 864)
§ 1 1 .
Supplementary elections
(1) If the number of members of a local
government council falls to or below the minimum necessary for operation
provided for in subsection 45 (5) of the Local Government Organisation Act (RT
I 1993, 37, 558; 1994, 12, 200; 19, 340; 72, 1263; 84, 1475; 1995, 16, 228; 17,
237; 23, 334; 26-28, 355; 59, 1006; 97, 1664; 1996, 36, 738; 37, 739; 40, 773;
48, 942; 89, 1591; 1997, 13, 210; 29, 449 and 450; 69, 1113; 1998, 28, 356; 59,
941; 61, 984; 1999, 10, 155; 27, 392; 29, 401), supplementary elections shall
be held for the election of unfilled positions in the membership of the
council.
(2) The chairman or deputy chairman of
the council or, in their absence, the rural municipality mayor or city mayor shall
notify the county governor of the circumstances specified in subsection (1) of
this section within three days.
(3) A county governor shall declare
supplementary elections by his or her order with the approval of the National
Election Committee within ten days after receipt of the notice specified in
subsection (2) of this section. The elections shall be held not earlier than on
the thirtieth day and not later than on the ninetieth day
after the elections are declared. An order of a county governor shall be
published as public information within three days after the date of signing the
order.
(4) The authority of members of local
government councils elected at supplementary elections shall terminate at the
same time as the authority of members of the councils elected at regular
elections.
(25.02.98 entered into force 30.03.98 –
RT I 1998, 28, 356)
§ 1 2 .
Elections due to merger of local governments
(1) Upon the merger of local
governments, the elections of the council of the local government formed by the
merger shall be organised.
(2) A county governor shall declare the
elections of the council of a local government formed by merger by his or her
order with the approval of the National Election Committee within ten days
after entry into force of a regulation of the Government of the Republic on
alteration of administrative-territorial organisation. An order of a county
governor shall be published as public information within three days after the
date of signing the order.
(3) The authority of the new membership
of the council and its members shall commence and the authority of the merged
councils of local governments shall terminate on the date of announcement of
election results.
(25.02.98 entered into force 30.03.98 –
RT I 1998, 28, 356)
(4) The authority of the new membership
of the council and its members shall terminate together with the authority of
all other local government councils and their members on the date of
announcement of the results of the next regular elections.
(10.06.98 entered into force 06.07.98 –
RT I 1998, 57, 864)
(1) Local government council regular
elections shall be held on the third Sunday in October in an election year.
(25.02.98 entered into force 30.03.98 –
RT I 1998, 28, 356)
(2) Local government council
supplementary elections and council elections which are held due to the merger
of local governments shall be held on a Sunday.
(25.02.98 entered into force 30.03.98 –
RT I 1998, 28, 356)
(1) An Estonian citizen has the right
to vote,
if he or she has attained eighteen years of age by
the election day;
if he or she resides permanently in the territory
of the local government;
3) if he or
she has not been divested of his or her active legal capacity by a court. .
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
An alien has the right to vote,
1) if he or
she has attained eighteen years of age by the election day;
if he or she resides permanently in the territory
of the local government;
3) if he or
she resides in
4) if he or
she has resided legally in the territory of the corresponding local government
for at least five years by 1 January of the election year;
5) if he or
she has not been divested of his or her active legal capacity by a court.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(3) An Estonian citizen may run as a
candidate,
1) if he or
she has attained eighteen years of age by election day;
2) if he or
she is entered in the national register established for the registration of
electors in the rural municipality or city on 1 August of the election year at
the latest;
3) if he or
she is proficient in Estonian to the level provided for in § 31 of this Act.
4) if he or
she has not been divested of his or her active legal capacity by a court.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(31) In supplementary elections or
elections which are held due to merger of local governments, an Estonian
citizen may run as a candidate,
1) if he or
she has attained eighteen years of age by election day;
2) if he or
she is entered in the national register established for the registration of
electors in the rural municipality or city on the date elections are declared
at the latest;
3) if he or
she is proficient in Estonian to the level provided for in § 31 of this Act;
4) if he or
she has not been divested of his or her active legal capacity by a court.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(4) A person who is serving a sentence
for an intentional criminal offence shall not run as a candidate for member of
a local government council.
(5) (Repealed - 16.06.99 entered into
force 23.06.99 - RT I 1999, 54, 581)
(6) A person who has been convicted by
a court and is serving a sentence in a penal institution shall not participate
in voting.
§ 3 1 .
Language requirements
The oral and written knowledge of
Estonian of a member of a local government council shall enable him or her to
participate in the work of the council, which means:
1) to
understand the content of legislation and other texts;
2) to present
reports on agenda items and express his or her opinion in the form of a speech
or comment;
3) to pose
questions and make proposals;
4) to
communicate with electors, respond to appeals and petitions, and answer
inquiries.
(15.12.1998 entered into force 01.05.99
– RT I 1999, 1, 1)
Every Estonian citizen with the right
to vote and every alien legally in
Election results shall be ascertained
on the basis of the expression of will of the electors who participate in the
elections.
Voting in local government council
elections shall be secret.
§ 7. Election related expenditure
(1) Expenses incurred in the acts
performed in the course of election organisation by a rural municipality and
city government, rural municipality and city election committee and division
committee shall be covered from the budget of the rural municipality or city.
If in the budget of a rural municipality or city there are not enough funds to
prepare and hold supplementary elections, the expenditure related to the elections
shall be covered from the state budget at the request of and to the extent
indicated by the county governor. An allocation received from the state budget
in order to hold supplementary elections shall be withheld from the budget of
the following year of the corresponding rural municipality or city. The
Government of the Republic has the right to reduce the repayable amount or
exempt the rural municipality or city from the repayment obligation.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(11) Expenses incurred in the acts
performed in the course of election organisation by the National Election
Committee and county election committee shall be covered from the state budget.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(2) The election campaigns of the
political parties, election coalitions and independent candidates shall not be
financed from the state, rural municipality or city budgets.
(3) A political party shall, within one
month after elections are held, submit a report to the National Election
Committee concerning expenses incurred and sources of funds used for the
conduct of the election campaign by the political party and persons who ran as
candidates in the list thereof. Election coalitions of citizens,
and independent candidates shall submit their reports to the election committee
of the corresponding rural municipality or city. The election committees shall
publicise the reports.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
§ 8. Prohibition on campaigning on election day
Active election campaigning on an
election day is prohibited.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
Chapter 2
Electoral Districts and Polling
Divisions
§ 9. Formation of electoral districts
(1) A local government council, except
in
(2) In a local government in which city
or rural municipality districts have been formed, the council may form
electoral districts by city or rural municipality district. In such case, the
restrictions provided for in subsection (1) of this section shall not be valid.
(3) In
(4) A local government council shall
form electoral districts not later than ninety days before election
day, and shall determine their number and boundaries, standard
numeration in the territory of the corresponding local government and the
number of mandates in each electoral district. The number of mandates shall be
determined on a simple quota and largest-remainder rule, based on the number of
electors residing permanently in the electoral district on 1 June of the
election year as follows:
1) the total
number of electors shall be divided by the number of council members;
2) the number
of electors in each electoral district shall be divided by the number obtained
as a result of the calculation made pursuant to clause 1) of this subsection;
3) each
electoral district shall receive mandates pursuant to the integer of the number
obtained as a result of the calculation made pursuant to clause 2) of this
subsection;
4) mandates
which are not distributed pursuant to clause 3) of this subsection shall be
distributed on largest-remainder rule, based on the fractions of numbers
obtained as a result of the calculation made pursuant to clause 2) of this
subsection.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(41) In the case of elections which are
held due to the merger of local governments, the councils of the local
governments to be merged shall determine, based on the number of residents in
the rural municipality or city to be formed by the merger, the number of
members of the council to be elected and the number and boundaries of electoral
districts, the standard numeration in the territory of the local government to
be formed and the number of mandates in each electoral district. The number of
mandates shall be determined in the way provided for in subsection (4) of this
section, based on the number of electors residing permanently in the electoral
district on 1 June of the election year.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(5) The resolution of a council or the
resolutions of councils concerning the formation of electoral districts
together with the number of mandates in each district and a description of
district boundaries shall be published as public information within three
working days after the date of adoption of the resolution.
(25.02.98 entered into force 30.03.98 –
RT I 1998, 28, 356)
§
10. Formation of polling divisions
(1) In order to hold voting, the rural
municipality or city government shall divide each electoral district into
polling divisions.
(2) The rural municipality or city
government shall form the polling divisions not later than forty days before election day and shall determine their number, boundaries
and standard numeration in the territory of the corresponding local government,
and the locations of the division committees.
Chapter 3
Election Committees
§ 11. System of election committees
(1) The following election committees
shall prepare for and hold elections:
1) the
National Election Committee;
11) the county
election committees;
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
2) the rural
municipality and city election committees;
3) the
division committees.
(2) In the cities of
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(3) The term of rural municipality and
city election committees and division committees shall be three years, except
in the case provided for in subsection 14 (21 ) of this Act. The term of a
committee shall continue until approval of a new membership of the committee.
(25.02.98 entered into force 30.03.98 –
RT I 1998, 28, 356)
(4) (Repealed - 16.06.99 entered into
force 23.06.99 - RT I 1999, 54, 581)
(5) Only Estonian citizens with the right
to vote may be members of rural municipality and city election committees; in
addition to Estonian citizens, other electors also may be members of division
committees. A person may be a member of only one election committee.
(6) The authority of a member of an
election committee shall terminate prematurely due to:
1) the entry
into force of a conviction by a court against him or her;
2) his or her
resignation;
3) his or her
death.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(7) A person may be released from his
or her duties as a member of an election committee by the body which appointed
him or her either on the initiative of the official or body or on the proposal
of the election committee.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(8) The authority of a member of an
election committee shall be suspended if he or she:
1) forms an election coalition of
citizens;
2) is
designated as an authorised representative of a political party or election
coalition;
3) presents an
independent candidate for registration;
4) is
presented for registration as a candidate for member of the council.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(9) The National Election Committee may
suspend the activities of a member of a division committee, rural municipality
or city election committee, or county election committee who violates law. A
county election committee may suspend the activities of a member of a rural
municipality or city election committee, or division committee who violates
law.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(10) The authority of a member of an
election committee is deemed to be restored:
1) in the
cases provided for in clauses (8) 1)-3) of this section – as of the date when
the authority of the elected members of the council commences;
2) in the case
provided for in clause (8) 4) of this section – if the candidate is not
registered, declines to run as a candidate or as of the date when the authority
of the elected members of the council commences if the candidate is not
elected.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(11) A member of an election committee
shall not campaign for or against candidates, political parties or election
coalitions.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(12) A member of an election committee
shall be independent in the performance of his or her duties and shall operate
solely pursuant to law. The members of a subordinate election committee shall
operate pursuant to the instructions of a superior election committee.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
§
12. Competence of National Election Committee
(1) The function of the National
Election Committee is to ensure the uniform conduct of local government council
elections, instruct other election committees, exercise supervision over the
activities thereof and perform other functions arising from this Act.
(2) By way of supervisory control, the
National Election Committee has the right to:
1) issue
precepts for the elimination of deficiencies of a decision or act of a county
election committee, rural municipality or city election committee, or division
committee;
2) suspend the performance of an act or
the validity of a decision of a county election committee, rural municipality
or city election committee, or division committee;
3) declare a
decision of a county election committee, rural municipality or city election
committee, or division committee invalid.
(3) The National Election Committee
shall issue regulations in the cases provided for in subsection (4) of this
section. The Chairman and Secretary shall sign the regulations of the National
Election Committee. The regulations enter into force on the date following the
date of signature.
(4) By its regulation, the National
Election Committee shall establish the following:
1) the
procedure for the registration of candidates;
2) the
standard format of applications for the registration of election coalitions and
memoranda of association;
3) the standard format of the
applications for registration of the list of candidates and registration of
independent candidates, the standard format of the list of candidates, the
standard format consent of a candidate for his or her running as a candidate, the
standard format of the personal data form of candidates, the standard format of
the list of candidates in an electoral district;
4) the
standard format of polling lists;
5) the
standard format of ballots;
6) the
procedure for the holding of voting and verification of voting results;
7) the
procedure for the verification of election results;
8) the
standard format of the records of voting results and election results;
9) the status
of an observer;
10) the
procedure for the use of money allocated from the state budget for the
organisation of elections;
11) the
procedure for the preparation, submission and publication of the report
concerning expenses incurred for elections.
(5) The National Election Committee
shall adopt decisions in order to resolve individual matters within the
competence of the National Election Committee. The Chairman and Secretary shall
sign the decisions. A decision shall enter into force upon signature.
(6) The National Election Committee
shall file a protest with the administrative court in order to invalidate the
decision of a rural municipality or city election committee by which a person
was registered as a member of the local government council if it has become
evident that the council member does not comply with the requirements provided
by law.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
§ 13. Competence of
county election committee
(1) The function of a county election
committee is to instruct rural municipality and city election committees and
division committees, exercise supervision over the activities thereof and
perform other functions arising from this Act.
(2) By way of supervisory control, a
county election committee has the right to:
1) issue
precepts for the elimination of deficiencies of a decision or act of a rural
municipality or city election committee, or division committee;
2) suspend the performance of an act or
the validity of a decision of a rural municipality or city election committee,
or division committee;
3) declare a
decision of a rural municipality or city election committee, or division
committee invalid.
(3) A county election committee shall
adopt decisions in order to resolve individual matters within the competence of
the county election committee. The Chairman and Secretary shall sign the
decisions of the county election committee. A decision shall enter into force
upon signature.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
§
14. Formation of rural municipality or city election committee
(1) A rural municipality or city
election committee shall be formed not later than ninety days before election day.
(2) The local government council shall
form the rural municipality or city election committee with up to seven members
and designate a chairman from among the committee members and up to three
alternate members who, during the term of the committee and in the order
specified by the council, shall replace committee members whose activities are
suspended or terminated.
(21) In the case of elections which are
held due to the merger of local governments, the councils of the local
governments to be merged shall by decisions reached by consensus appoint the
election committee of the rural municipality or city to be formed.
(25.02.98 entered into force 30.03.98 –
RT I 1998, 28, 356)
(3) A person who possesses the
necessary knowledge and experience for organisation of elections shall be
designated as chairman of the rural municipality or city election committee.
Upon withdrawal of the chairman, the council shall designate a new chairman.
(4) The deputy chairman and secretary
of a rural municipality or city election committee shall be elected by the
committee from among its members.
(5) In order to perform the tasks
assigned to it, the rural municipality or city election committee may use the
necessary amount of additional labour including vote counters.
(6) Organisational and clerical support
to a rural municipality or city election committee shall be provided by the
corresponding local government council or, at its request, by the rural
municipality or city government.
(7) The rural municipality or city
election committee shall specify and publish the location and working hours of
the election committee.
§
15. Competence of rural municipality or city election
committee
(1) The function of a rural
municipality or city election committee is to verify the voting and election
results in the rural municipality or city, instruct
division committees and perform other functions arising from this Act.
(2) A rural municipality or city election
committee, with the approval of the National Election Committee, shall
establish the terms for the activities of supplementary elections and publish
such as public information within three days after the date of adoption of the
resolution.
(3) The election committee shall adopt
decisions in order to resolve individual matters within the competence of the
rural municipality or city election committee. The Chairman and Secretary shall
sign the decisions of a rural municipality or city election committee. A
decision shall enter into force upon signature.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
§
16. Formation of division committee
(1) A division committee shall be
formed not later than twenty days before election day.
(2) The local government council shall
form a division committee with up to nine members and designate up to four
alternate members who, during the term of the committee and in the order
specified by the council, shall replace committee members whose activities are
suspended or terminated.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(3) A candidate registered in the local
government council elections, a presenter of an independent candidate for
registration or an authorised representative of a political party or election
coalition shall not be designated as a division committee member.
(4) The chairman, deputy chairman and
secretary of a division committee shall be elected by the committee from among
its members.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(5) (Repealed - 16.06.99 entered into
force 23.06.99 - RT I 1999, 54, 581)
(6) (Repealed - 16.06.99 entered into
force 23.06.99 - RT I 1999, 54, 581)
(7) Organisational and clerical support
to a division committee shall be provided by the rural municipality or city
government.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
§ 17. Competence of division committee
(1) The function of a division
committee is to hold voting, verify voting results in polling divisions and
perform other functions arising from this Act.
(2) A division committee shall adopt
decisions in order to resolve individual matters within the competence of the
division committee. The Chairman and Secretary shall sign the decisions of the
division committee. A decision shall enter into force upon signature.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
§ 18. Administration of election committees
(1) Decisions of an election committee
shall be adopted at a meeting which shall be convened by the chairman of the
committee or, in his or her absence, by the deputy chairman. Minutes shall be
taken of committee meetings.
(2) An election committee has a quorum
if at least one-half of the membership of the committee is present at the
meeting, including the chairman or deputy chairman of the committee. Decisions
of the committee shall be adopted by a majority of votes in favour. The
dissenting opinion of a member of the committee shall be recorded in the
minutes.
(3) The safekeeping and use of the seal
of an election committee shall be ensured by the chairman of the committee.
(4) The regulations, decisions and
precepts of the National Election Committee shall be binding on county election
committees, rural municipality and city election committees, and division
committees.
(27.10.98 entered into force 13.11.98 –
RT I 1998, 98/99, 1577;
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(5) A decision adopted by the rural
municipality or city election committee within its scope of competence shall be
binding on a division committee.
(6) The proposal of the election
committee shall be the basis for suspension of an employment contract or
service relationship of a member of the committee or person assisting the
committee during the time of organisation of the elections.
(7) (Repealed - 16.06.99 entered into
force 23.06.99 - RT I 1999, 54, 581)
(8) (Repealed - 16.06.99 entered into
force 23.06.99 - RT I 1999, 54, 581)
(9) Election committee meetings shall
be public and the decisions shall be made public.
§ 19. Assistance to election committee
(1) State and local government bodies,
administrative agencies and agencies are, within their competence, required to
assist election committees in the organisation of elections.
(2) An election committee has the right
to address administrative agencies with a written application on issues
concerning election organisation.
(3) An administrative agency shall
answer the application of an election committee in writing within three working
days after receipt of the application.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
Chapter 4
Registration of Electors
§
20. Registration of electors
(1) Electors shall be registered in a
national register (hereinafter register) established by the Government of the
Republic.
(2) The register shall be maintained as
a rural municipality register, city register and central register.
(3) Rural municipality governments and
city governments are the authorised processors of rural municipality and city registers . In
(4) Each elector shall be entered in
one rural municipality or city register.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
§ 21. Preparation of polling list
(1) On the basis of the data in the
registers, the authorised processor of the register shall prepare a separate
polling list for each polling division for Estonian citizens with the right to
vote and aliens with the right to vote.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(2) An elector shall be entered in only
one polling list.
(3) Electors shall be entered in the
polling list in the order of their permanent residence or surname.
(4) The polling list shall be signed by
the rural municipality or city secretary.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(5) The polling lists shall be
delivered to the division committee not later than one day before the start of
advance polls.
(1) The authorised processor of the
register shall send an elector card to every elector not later than twenty-five
days before election day.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(2) The given name and surname of the
elector, year, month and day of birth and address of permanent residence of the
elector, the number of the polling division in which the elector is entered in
the polling list, and the time and place of voting for advance polls and voting
on election day shall be entered on the elector card.
(3) An elector who has not received an
elector card twenty days before election day or whose
elector card contains incorrect data may make inquiries to the authorised
processor of the register to receive clarifications or to correct errors.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
§ 23. Checking correctness of data and correction of errors
(1) An elector may check the
correctness of data entered in the register concerning himself
or herself. An elector may also check the correctness of data concerning himself or herself, or on other electors entered in a
polling list.
(2) If an elector discovers an error in
the data entered in the register or a polling list, he or she may submit an
application to the authorised processor of the register or division committee
for the error to be corrected.
(3) Errors in the register or a polling
list shall be promptly corrected on the basis of documents which establish that
errors appear in the data entered in the register or a list.
(4) If an error is corrected in the
register, the authorised processor of the register shall notify the division
committee of the corrections made. If an error is corrected in the polling
list, the division committee shall notify the authorised processor of the
register of the corrections made.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
§ 23 1 .
Making amendments in register or to polling list
(1) An elector may apply for an
amendment to be made in the register or to a list. As of the tenth day before election day until election day (included), amendments in
the register or to the list are made only if an elector has been erroneously
omitted from the register or list, or erroneously entered therein.
(2) A division committee shall
communicate an application for an amendment to the polling list submitted to
the division committee to the authorised processor of the register, who shall
promptly review it.
(3) If the authorised processor of the
register makes an amendment in the register, he or she shall notify the
division committee thereof. The division committee shall make the corresponding
amendment to the polling list only after the amendment in the register is made.
(4) If an elector erroneously has not
been entered in the polling list but he or she is in the electoral register,
the division committee shall enter him or her in the polling list.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
Chapter 5
Presentation for Registration and
Registration of Candidates
§ 24. List of political parties
(1) The Minister of Justice shall send
a list of political parties to the National Election Committee not later than
seventy days before election day. Political parties
which are entered in the non-profit associations and foundations register not
later than eighty days before election day shall be
entered in the list of political parties.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(2) The National Election Committee
shall forward the list of political parties to the rural municipality and city
election committees.
(3) Political parties shall participate
in the elections under their own name, except in the case provided for in § 25.
(4) A political party shall, before
presentation of candidates for registration, submit a written notice to the
rural municipality or city election committee which sets out the names,
personal identification codes, addresses and telecommunications numbers of the
authorised representatives of the political party. A person entitled to
represent a political party according to the Non-profit Associations Act (RT I
1996, 42, 811; 1998, 96, 1515; 1999, 10, 155; 23, 355) or the articles of
association of the political party shall sign the notice.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(1) Political parties or Estonian
citizens with the right to vote may form an election coalition. A political
party or Estonian citizen with the right to vote may belong to only one
election coalition or candidate list in the corresponding local government
council elections.
(2) An election coalition shall be
presented for registration to the rural municipality or city election committee
not earlier than sixty and not later than forty-five days before election day.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(3) The rural municipality or city
election committee shall register an election coalition presented for registration
according to the requirements within three days after receipt of the documents
set out in subsection (4) or (5) of this section.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(4) In order to register an election
coalition of political parties, the authorised representative of the election
coalition shall submit to the rural municipality or city election committee an application and the memorandum of association. The
articles of association shall contain:
1) the name of
the local government;
2) the name of
the election coalition;
3) the names
of political parties which form the election coalition;
4) the names,
personal identification codes, addresses and telecommunications numbers of the
authorised representatives of the election coalition;
5) other
provisions which regulate the activities of the election coalition;
6) the
signatures of persons entitled to represent the political parties according to
the Non-profit Associations Act or the articles of association of the political
parties.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(5) In order to register an election
coalition of citizens, the authorised representative of the election coalition
shall submit an application to the rural municipality or city election committee.
The application shall contain:
1) the name of
the local government;
2) the name of
the election coalition;
3) the names,
personal identification codes, addresses and telecommunications numbers of the
authorised representatives of the election coalition;
4) other
provisions which regulate the activities of the election coalition;
5) the names
and signatures of the Estonian citizens with the right to vote who form the
election coalition.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(6) The name of an election coalition
shall not be offensive or misleading. The use of the name of a political party
which does not belong to the election coalition or of the official name of
another election coalition or of a name similar thereto as the name of an
election coalition is prohibited.
(7) A rural municipality or city
election committee shall not register an election coalition if the documents
set out in subsection (4) or (5) of this section have not been submitted within
the deadline for presentation for registration or if they contain omissions or
errors.
§
26. Presentation of candidates for registration
(1) Presentation of candidates for
registration shall begin not earlier than sixty days before election
day.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(2) A list of candidates may be
presented for registration by a political party or an election coalition
registered on the basis provided for in § 25 of this Act. An independent
candidate may be presented for registration by an Estonian citizen with the
right to vote, including a person who himself or herself wishes to run as a
candidate in the local government council elections.
(21) In the case of supplementary
elections, at least fifteen days altogether shall be for the formation and
registration of election coalitions, and presentation for registration and
registration of candidates.
(25.02.98 entered into force 30.03.98 –
RT I 1998, 28, 356)
(3) Candidates shall be presented for
registration by electoral district as candidate lists or independent
candidates. A political party or election coalition may present only one
candidate list for registration in an electoral district.
(4) A candidate may be presented for
registration in only one electoral district. A person may run as an independent
candidate or appear in the candidate list of only one political party or
election coalition.
(5) A candidate shall use only his or
her given name and surname when running as a candidate.
(6) In order to register a candidate or
candidates, a person who presents an independent candidate, or an authorised
representative of a political party or election coalition shall submit an
application, conforming with the standard format established by the National
Election Committee, a candidate list and the documents required in subsection
(7) of this section to the rural municipality or city election committee. Upon
presentation of an independent candidate, the name of the candidate shall be
indicated in the application, and a candidate list shall not be presented.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(7) The following shall be appended to
the application concerning all candidates:
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
1) the
standard format consent of the candidate certified by his or her signature for
presentation for registration and running as a candidate, for his or her
registration in the presenter’s list or as an independent candidate in the
corresponding electoral district. The consent shall include confirmation that
the candidate is entered in the Estonian National Electoral Register of
Citizens in that rural municipality or city and is proficient in Estonian at
least to the level provided for in § 31 of this Act;
(15.12.1998 entered into force
01.05.1999 – RT I 1999, 1, 1)
2) the dated autographic oath of the
candidate certified by his or her signature or a statement from the
administrative agency which received a prior oath indicating to whom, in what
context and when he or she previously took the oath;
3) personal
data concerning the candidate pursuant to the standard format established by
the National Election Committee.
(71) The following personal data shall
be entered on the form of a candidate: the given name and surname, personal
identification code, membership in a political party, postal address and
telecommunications numbers.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(72) The following personal data may be
entered on the form of a candidate: the place of birth, education and area of
specialisation together with the name of the educational institution and date
of graduation, research degree, place of employment and position.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(8) The presentation by a candidate,
knowingly, of false data in the documents specified in subsection (7) of this
section shall be a basis for the invalidation of the mandate granted to him or
her in the elections.
(9) The order of the candidates in the
list shall be specified by the presenter for registration.
(10) Applications for the registration
of candidates, candidate lists and documents required in subsection (7) of this
section shall be submitted to the rural municipality or city election committee
not later than forty days before election day.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(11) If, upon presentation for
registration of a candidate list or independent candidate, some of the required
documents are omitted, contain errors or are not in conformity with the
standard format established by the National Election Committee, the member of
the rural municipality or city election committee who accepts them shall
propose to the presenter for registration to submit the required documents or
eliminate the errors. All submitted documents shall be returned. The presenter
for registration shall sign against receipt of the returned documents. Upon
re-submission of the documents, they shall be considered submitted for the
first time and shall be registered as of the date of their re-submission.
(12) If documents are submitted for
registration of a candidate list or independent candidate on the fortieth day
before election day before
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(13) (Repealed - 16.06.99 entered into
force 23.06.99 - RT I 1999, 54, 581)
§ 27. Registration of candidates
(1) The rural municipality or city
election committee shall, after termination of the term for presentation of
candidates for registration but not later than on the thirty-fifth day before election day, register all persons presented for
registration in the order of their presentation for registration.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(2) Upon registration, each candidate
shall be assigned a registration number. Registration numbers shall begin at
101 and shall be assigned to the candidates in the order of their presentation
for registration.
(21) The rural municipality or city
election committee shall adopt a reasoned decision on failure to register.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(3) After the registration of
candidates, the rural municipality or city election committee may change the
composition of registered candidates if:
1) the number
of registered candidates in an electoral district is equal to or less than the
number of mandates in the district;
2) a candidate
declines to run as a candidate on the basis of his or her personal application
within three days after registration;
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
3) a candidate
dies;
4) it is
established that the candidate does or does not meet the requirements provided
for in this Act.
§
28. Supplementary presentation of candidates for registration
(1) If the number of registered
candidates in an electoral district is equal to or less than the number of mandates
in the district, the rural municipality or city election committee shall
propose to the electors and political parties to supplementarily present
candidates for registration. Candidates who are supplementarily presented shall
be registered not later than fifteen days before election day
and shall be entered in the list of candidates in the electoral district.
(2) The requirements of §§ 26 and 27 of
this Act shall be observed in the supplementary presentation for registration
and registration of candidates.
(3) If, fifteen days before election day, the number of candidates in an electoral
district is equal to or less than the number of mandates in the district, the
rural municipality or city election committee shall adopt a decision concerning
postponement of the elections for up to one month in the electoral district. In
such case, the rural municipality or city election committee shall prepare and
publish a schedule for holding the elections.
§
29. List of candidates in electoral district
(1) After the registration of
candidates, the rural municipality or city election committee shall prepare a
list of candidates in the local government council elections for each electoral
district separately.
(2) The registered candidate lists
shall be entered in the list of candidates in the electoral district according
to the order of their registration. The name of the political party or election
coalition which presents the candidates shall be indicated at the top of the
list. In the case of the list of an election coalition formed by political
parties, the full names of all the political parties that form the election
coalition shall be indicated in the list of candidates in the electoral
district in addition to the name of the election coalition.
(3) Independent candidates shall be
entered in the list of candidates in the electoral district in the order of
their presentation for registration after the candidate lists.
(31) The rural municipality or city
election committee shall forward the list of candidates in electoral districts
to the National Election Committee. The Election Committee shall prepare a
consolidated list of candidates to local government councils.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(4) All corrections and amendments concerning
registered candidates shall be promptly entered in the list of candidates in
the corresponding electoral district, and the list of candidates in the
electoral district shall be reprinted and sent to all division committees of
the corresponding electoral district. The previous list shall be destroyed. The
list shall not be amended after the start of advance polls.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(41 ) The
rural municipality or city election committee shall notify the National
Election Committee promptly of the corrections and amendments specified in
subsection (4) of this section. The National Election Committee shall notify
the rural municipality or city election committees of corrections and
amendments. Thereafter, the rural municipality or city election committees
shall make the corresponding corrections and amendments to the consolidated
list of candidates to local government councils specified in subsection 31 of
this section.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(5) The rural municipality or city
election committee shall arrange for the printing and forwarding of the list of
candidates in the electoral district to the division committees.
(6) Every division committee shall have
the list of candidates in that electoral district not later than one day before
the start of advance polls. The list of candidates in the electoral district
shall be posted at the location of the division committee, in the polling place
and the secret voting booth. Members of the division committee shall have the
list with them when holding home voting.
Chapter 6
Voting Procedure
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(1) Voting in a polling division shall
be held in a polling place designated by the rural municipality government or
city government. The location of a polling place shall be indicated on the
elector card sent to an elector.
(2) A polling place shall have places
for ballot distribution, voting booths and a ballot box. During advance polls,
a polling place shall have a separate voting booth and ballot box for the
electors who vote outside the polling division of their residence. The list of
candidates in the electoral district shall be posted in the polling place.
(3) Election campaigning is prohibited
in polling places and rooms through which electors enter the polling places.
(4) Order in a polling place shall be
maintained by the division committee. The lawful oral orders of the members of
the division committee are mandatory for all persons in the polling place.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(1) A voting booth shall enable secret
ballot.
(2) A voting booth shall have the list
of candidates in this electoral district.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(1) Before voting opens, division
committees shall inspect and seal ballot boxes.
(2) The opening of a ballot box shall
be covered. It shall be opened only for deposit of a ballot in the box.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(1) The National Election Committee
shall establish the standard format of the ballot.
(2) The National Election Committee
shall organise the preparation and delivery of ballots to the division
committees.
(3) After the receipt of ballots, a
division committee shall affix the seal of the division committee to the
received ballots.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(1) Voting on election
day shall open at
(2) Advance polls shall begin on the
sixth day before election day and close on the fourth
day before election day. On advance poll days, polling places shall be opened
for voting from
(3) Home voting shall be held on
election days in the cases provided for in this Act.
(4) Voting in penal institutions shall
be held on advance poll days in the cases provided for in this Act.
(5) In the elections which are held due
to the merger of local governments, if such elections are not held at the time
specified in subsection 2 (1) of this Act, and in supplementary elections, the
provisions of §§ 361 , 362 and 363 of this Act do not apply.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(1) An elector shall vote in the
polling division in which he or she is entered in the polling list, except in
the cases provided for in §§ 361 and 363 of this Act.
(2) In order to receive a ballot, an
elector shall present to the division committee a valid identity and
citizenship document, or a valid identity document which is issued by a
government agency of Estonia and bears the photograph, the given name and
surname of the person. The elector shall sign the polling list against receipt
of the ballot.
(3) The elector shall complete the
ballot in a voting booth.
(4) The elector shall write the
registration number of one candidate in the electoral district of his or her
residence in the designated space on the ballot.
(5) The elector shall complete a ballot
himself or herself. If an elector, due to physical disability, is unable to
complete the ballot himself or herself, he or she may
have his or her ballot completed by another person, but not by a candidate in the
election district of his or her residence.
(6) If an elector spoils the ballot, he
or she has the right to receive a new ballot from the division committee. In
such case the elector shall return the spoilt ballot to the division committee.
(7) After completion of the ballot, the
elector shall fold the ballot and present it to a member of the division
committee. The latter shall affix a seal of the division committee to the
outside of the folded ballot.
(8) An elector shall deposit the ballot
in the ballot box himself or herself. If an elector, due to physical
disability, is unable to deposit the ballot in the ballot box himself or herself, another person may do so at his or her
request in the presence of the elector.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(1) Advance polls shall be held
pursuant to the procedure provided for in § 35 of this Act.
(2) An elector entered in the polling
list who has attained eighteen years of age by the advance poll day has the right
to vote at the advance polls.
(3) At least three members of a
division committee shall hold the advance polls.
(4) A member of the division committee
shall mark the date of voting in the polling list concerning the electors who
have voted.
(5) After the close of voting, the
division committee shall seal the opening of the ballot box and the door to the
polling place. On advance poll days and the following days, after the close of
voting the division committee shall place the ballot box into a room which only
the members of the division committee can access.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
§ 36 1 .
Specifications for advance polls held outside polling division of residence
(1) On advance poll days (subsection 34
(2)), an elector can vote outside the polling division of his or her residence.
(2) A county election committee shall
designate at least one polling division in every rural municipality and city
where electors can vote outside the polling division of their residence. The
corresponding decision of the committee shall be published as public
information.
(3) An elector who wishes to vote
outside the polling division of his or her residence shall present a document
provided for in subsection 35 (2) of this Act to a member of the division
committee.
(4) A member of the division committee
shall issue a ballot, two envelopes and the general list of candidates in the
electoral district of the residence of an elector to the elector. The elector
shall sign the list of electors voting outside the polling division of their
residence against the receipt of a ballot.
(5) An elector shall complete a ballot
pursuant to the provisions of subsections 35 (3)-(6) of this Act.
(6) An elector shall place the ballot
in one of the envelopes given by a member of the division committee. The
elector shall place the envelope in another envelope given by a member of the
division committee. The elector himself or herself or a member of the division
committee shall write the name, personal identification code and address of the
elector on the outer envelope. The elector shall deposit the envelope in the
ballot box prescribed for the ballots of electors who vote outside the polling
division of their residence.
(7) If an elector who wishes to vote
outside the polling division of his or her residence is unable to vote due to
his or her state of health or for another good reason in the polling place
located in the polling division, he or she may submit a written application to
the nearest division committee designated pursuant to the procedure provided
for in subsection (2) of this section concerning voting at his or her location.
The elector shall sign the list of electors voting outside the polling division
of their residence against the receipt of a ballot. Voting shall be held by at
least two members of the division committee pursuant to the provisions of
subsections 35 (2), (4), (5) and (6) of this Act and subsections (4) and (6) of
this section.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
§ 36 2 .
Calculation of votes cast during advance polls outside polling division of
residence in verification of voting results
(1) A division committee shall pack the
envelopes with the ballots of electors who voted outside the polling division
of their residence by county, and by the cities of
(2) A county election committee shall
forward the envelopes with ballots specified in subsection (1) of this section
to the corresponding county election committees through the National Election
Committee not later than on the second day before election
day.
(3) A county election committee shall
forward the envelopes with ballots received from other county election
committees pursuant to the procedure provided for in subsection (2) of this
section to the corresponding division committees not later than on the day
preceding election day.
(4) After receipt of the envelopes with
ballots pursuant to the procedure provided for in subsection (3) of this
section, the division committees shall check that an elector has not voted in
the polling division of his or her residence.
(5) If an elector has voted in the
polling division of his or her residence, or if an elector has voted in several
divisions outside the division of his or her residence, the division committee
shall not calculate the ballots completed outside the division of residence in
the verification of voting results. If an elector has not voted in the polling
division of his or her residence, a member of the division committee shall make
a notation in the polling list concerning voting at the advance polls.
(6) After the acts provided for in
subsections (4) and (5) of this section, the division committee shall open the
outer envelopes and deposit the inner envelopes with ballots in the ballot box
used at the advance polls.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
§ 36 3 .
Voting in penal institutions
(1) Voting in a penal institution shall
be held on advance poll days on the basis of a written application of the
administration of the penal institution. The administration is required to
submit the application if at least one person in the penal institution who has
the right to participate in voting in local government council elections
pursuant to subsections 3 (1) or (2) of this Act has submitted a corresponding
application to the administration.
(2) The administration of a penal
institution shall submit an application to hold of voting to the nearest
division committee designated pursuant to the procedure provided for in
subsection 361 (2) of this Act.
(3) Voting shall be held by at least
two members of the division committee pursuant to the provisions of subsections
35 (2), (4), (5) and (6) and subsection 361 (6) of this Act.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
§ 36 4 . Home
voting
(1) If an elector is unable to vote in
the polling place due to his or her state of health or for another good reason,
he or she may apply to vote at his or her home.
(2) In order to hold home voting, an
elector shall submit a written application to the rural
municipality or city government, the city district government in
(3) Home voting shall be held by at
least two members of the division committee pursuant to the provisions of
subsections 35 (2), (4), (5), (6) and (8) of this Act.
(4) An elector who votes at home shall
sign the list of electors voting at home against the receipt of a ballot.
(5) A ballot box containing the ballots
of electors who voted at home shall be opened on election day
after the close of voting. Thereafter, the seal of the division committee shall
be affixed to the outside of ballots of electors who voted at home, and the
ballots shall be placed among the ballots of electors who voted on election day.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
Chapter 7
Verification of Voting Results and
Election Results
§ 37. Verification of voting results at polling division
(1) Ballot boxes shall be opened after
the close of voting. More than one-half of the members of the division
committee shall be present at the opening.
(2) Before opening the ballot boxes,
the division committee shall count and cancel all ballots that were not issued
to electors and spoiled ballots returned by them. Ballots shall be cancelled by
cutting off a corner of the ballot.
(3) Upon opening the ballot box, the
state of the seal on the ballot box shall be checked.
(4) Before opening the ballot box, the
division committee shall, on the basis of the polling lists, verify and enter
in the standard format record the number of electors entered in the lists and,
on the basis of the signatures in the polling lists given in receipt of a
ballot, the number of electors who received ballots.
(5) The division committee shall, on
the basis of the ballots in the ballot box, verify and enter in the standard
format record the number of electors who participated in the voting, the number
of invalid ballots and the number of votes in favour of candidates and candidates lists.
(6) A ballot:
1) which does
not bear two seals of the division committee;
2) onto which
no candidate registration number or more than one candidate registration number
is marked;
3) which is
marked with the number of a candidate who is not running in the electoral
district;
4) which is
marked with a corrected candidate registration number but which is ambiguous;
or
5) which is
marked with an illegible candidate registration number shall be considered
invalid.
If a ballot is not completed according
to the requirements, but it clearly indicates in favour of whom the elector
voted, the ballot shall be considered valid. In case of doubt, the division
committee shall determine the validity of the ballot by a vote.
(7) A standard format record shall be
prepared concerning the verification of voting results. The record shall be
signed by the chairman and secretary of the committee. The date and time of
preparation shall be indicated in the record.
(8) After verification of voting
results, the valid ballots by candidate, invalid ballots, ballots which were
not issued to electors and ballots returned by electors shall be packaged
separately. The polling division from which the ballots
originate and the type and number of ballots in the packet shall be marked on
the packet. The chairman of the division committee shall sign the label.
(9) Ballots, polling lists, decisions
of the committee, records, dissenting opinions of committee members and
petitions and complaints submitted to the committee shall be promptly forwarded
to the rural municipality or city election committee.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(10) Verification of voting results
shall be public.
§
38. Verification of voting results in electoral district
(1) On the basis of the records
received from the division committees, the rural municipality or city election
committee shall verify the number of electors entered in the polling lists, the
number of electors who received a ballot, the number of electors who
participated in the voting, the number of invalid ballots and the number of
votes in favour of candidates and candidate lists for each electoral district.
The result obtained shall be checked by recounting the ballots. A standard
format record shall be prepared concerning the voting results.
(2) If a discrepancy arises between the
voting results presented by the division committee and the voting results
counted by the rural municipality or city election committee, the voting
results shall be checked, and the circumstances giving rise to the discrepancy
shall be clarified. The rural municipality or city election committee shall
adopt a decision concerning the final voting results.
(3) If this Act is violated in any
polling division or electoral district, the county election committee or the
National Election Committee may declare the voting results in the polling
division or electoral district invalid. In such case, the rural municipality or
city election committee shall hold a repeat election within one month in the
corresponding polling divisions, and the election results of the corresponding
local government council elections shall be verified after the results of the
repeat election become clear. Voting results shall not be declared invalid if a
violation of this Act does not affect the election results.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
§ 39. Verification of election results
(1) Election results shall be verified
by electoral district.
(2) If a candidate in a candidate list
dies or is deleted from the list of candidates in the electoral district in the
interim between the start of advance polls and election day or on election day,
the votes in favour of him or her shall be retained by that list. Votes in
favour of an independent candidate who dies or is deleted from the list of
candidates in the electoral district shall not be taken into account in the
verification of election results.
(3) A simple quota shall be calculated
for each electoral district, which shall be obtained by dividing the number of
valid votes cast in the electoral district by the number of mandates.
(4) A candidate in favour of whom the
number of votes cast exceeds or equals the simple quota shall be elected.
(5) Mandates which are not distributed
in the electoral district on the basis of a simple quota shall be distributed
as list mandates among the candidate lists whose candidates collectively
receive at least five per cent of the valid votes in the corresponding local
government.
(6) In order to distribute list
mandates, the candidates shall be ranked in the lists according to the number
of votes received. If candidates receive an equal number of votes from the
electors, the candidate who was positioned toward the bottom of the list of
candidates in the electoral district shall be positioned ahead. The votes of
candidates running in the same list shall be totalled.
(7) A modified d’Hondt distribution
method with the distribution series of 1, 20.9, 30.9, 40.9, etc. shall be used
in the distribution of list mandates.
(8) The number of valid votes in favour
of each candidate list shall be divided by the distribution series. The list
mandates shall be distributed on the basis of the comparative figures obtained.
In calculating the comparative figure of each list, as many first elements of
the series shall be omitted as the number of mandates distributed to the list
in the corresponding electoral district on the basis of the simple quota.
(9) The list for which the comparative
figures obtained are greater shall receive the list mandates.
(10) If, in the distribution of a
mandate, the comparative figures are equal, the mandate shall be allocated to
the list which received more votes from the electors. If the number of votes
received is equal, the mandate shall be allocated to the list which was
positioned further toward the bottom of the list of candidates in the electoral
district.
(11) The candidates ranked further
ahead in the list according to the number of mandates allocated to the
candidate list shall be elected.
(12) If only independent candidates are
in the list of candidates in an electoral district, candidates who receive the
greatest number of votes shall be elected. If at least two candidates receive
an equal number of votes, the candidate who is further toward the top of the
list shall be elected. A candidate who does not receive any votes shall not be elected.
If, after the distribution of mandates on the basis of a simple quota and as
list mandates, some of the mandates fail to be distributed, the candidates who
receive the greatest number of votes from among the remaining candidates shall
be elected.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(121) (Repealed - 16.06.99 entered into
force 23.06.99 - RT I 1999, 54, 581)
(13) Rural municipality or city
election committees shall prepare a standard format record concerning the
election results.
(14) Verification of election results
shall be public.
Chapter
8
Final
Provisions
§
40. Registration of members of local government council and
commencement of their authority
(1) The rural municipality or city
election committee shall register the elected members of the council by its
decision and publish the specified decision as public information not later
than on the tenth day after election day. In the cases
specified in subsection 38 (3) of this Act, the rural municipality or city
election committee shall register the members of the council not later than on
the tenth day after holding the repeat vote. The election results are deemed to
be declared and the authority of a member of the council shall commence on the
date following the publication of the decision.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(2) The rural municipality or city
election committee shall convene the elected council not later than on the
seventh day after the date of the publication of the decision specified in
subsection (1) of this section.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
(3) The elected members of the council
shall not be registered before the review of complaints by the county election
committee or the National Election Committee.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
§
41. Petitions and complaints
(1) A petition against a decision of a
rural municipality or city election committee shall be submitted to the rural
municipality or city election committee within three days after the decision is
made. The committee shall review the petition within three days after receipt
of the petition and shall communicate the decision to the petitioner.
(2) A complaint against an act or
decision of a division committee or rural municipality or city election
committee shall be submitted to the corresponding county election committee
within three days after the act or decision is performed or made. The county
election committee shall review the complaint within three days after receipt
of the complaint and communicate the decision to the submitter of the complaint
and the corresponding committee. A complaint against an act or decision of an
election committee of the cities of
(3) A complaint against an act or
decision of a county election committee shall be submitted to the National
Election Committee within three days after the act or decision is performed or
made. The National Election Committee shall review the complaint within three
days after receipt of the complaint and communicate the decision to the
submitter of the complaint and the corresponding county election committee.
(4) Failure to observe the procedure
for submission of petitions and complaints provided for in this section shall
not deprive an interested person of the right of direct recourse to the courts
within three working days after an act or decision is performed or made by the
election committee. An interested person also has the right of recourse to the
courts after denial of his or her petition or complaint by the corresponding
election committee within three working days after the corresponding decision
is communicated.
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
§
42. Liability for violation of this Act
(1) (Repealed - 16.06.99 entered into
force 23.06.99 - RT I 1999, 54, 581)
(2) (Repealed - 16.06.99 entered into
force 23.06.99 - RT I 1999, 54, 581)
(3) Administrative or criminal
liability shall be imposed for violation of the provisions of this Act.
§
43. Application of Act to aliens legally in
(1) In the 1999 local government
council elections, an alien has the right to vote,
1) if he or
she has attained eighteen years of age by the election day;
2) if he or
she resides permanently in the territory of the local government;
3) if he or
she resides in
4) if he or
she has resided legally in the territory of the corresponding local government
for at least five years by 1 January of the election year;
5) if he or
she has not been divested of his or her active legal capacity by a court
(2) The provisions of subsection (1) of
this section do not apply to aliens to whom a temporary residence permit is
issued as an exception, if the alien:
1) has committed a criminal offence for
which he or she has been sentenced to an imprisonment for a term of more than
one year and his or her punishment has not expired or cancelled;
2) he or she
is or has been employed by intelligence or security services of foreign states;
3) he or she
is in the active service of the armed forces of a foreign state;
4) he or she
has served as a professional member of the armed forces of a foreign state or
has been assigned to the reserve forces thereof or has retired there from.
(3) Aliens legally in
(16.06.99 entered into force 23.06.99 -
RT I 1999, 54, 581)
§ 44. (Repealed - 16.06.99 entered into force 23.06.99 - RT I
1999, 54, 581)
§
45. (Repealed - 16.06.99 entered into force 23.06.99 - RT I
1999, 54, 581)
§
46. (Repealed - 16.06.99 entered into force 23.06.99 - RT I
1999, 54, 581)
§
47. Amendment of Local Government Organisation Act
The following amendments are made to
the Local Government Organisation Act: (RT I 1993, 37, 558; 1994, 12, 200; 19,
340; 72, 1263; 84, 1475; 1995, 16, 228; 17, 237; 23, 334; 26-28, 355; 59, 1006;
97, 1664; 1996, 36, 738; 37, 739; 40,773; 48, 942; 89, 1591; 1997, 13, 210; 29,
449 and 450; 69, 1113; 1998, 28, 356; 59, 941; 61, 984; 1999, 10, 155; 27, 392;
29, 401)
1) clause 18
(3) is amended and worded as follows:
"3) with
the withdrawal from the Estonian National Electoral Register of Citizens in the
given rural municipality or city; ";
2) clause 18
(4) is amended and worded as follows:
"4) with
the entry into force of a conviction by a court for an intentional criminal
offence; ";
3) clause18
41) is added in the following wording:
"41) by a
court judgement whereby the decision of a rural municipality or city election
committee concerning his or her registration as a council member was struck
down; ";
4) section 20
is amended and worded as follows:
"§ 20. Alternate member of council
(1) In the cases prescribed in §§ 18
and 19 of this Act, an alternate member of the council shall replace a council
member. An alternate member has all the rights and duties of a council member.
(2) The rural municipality or city
election committee shall register the alternate members of the local government
council and forward the list of alternate members to the chairman of the local
government council.
(3) The alternate member shall be the
first unelected candidate of the same political party or election coalition who
ran as a candidate in the same electoral district as the council member to be
replaced. If, for some reason, the first unelected candidate is unable to
become a member of the council, the next unelected candidate in the electoral
district in same political party or election coalition shall be the alternate
member.
(4) If the member to be replaced ran as
an independent candidate or if the same political party or election coalition has
no more alternate members in the electoral district, an alternate member
designated on the basis of an additional mandate distributed among the
political parties and election coalitions and registered by the rural
municipality or city election committee shall become a member of the council.
(5) If a rural municipality or city
mayor or a member of a rural municipality or city government, who is elected to
a new membership of the local government continues his or her activity as the
rural municipality or city mayor or a member of the rural municipality or city
government stepping down until the election of the new rural municipality or
city mayor or the formation of the rural municipality or city government due to
the convention of the new membership of the rural municipality or city council,
then the rural municipality or city election committee shall decide on an
alternate member becoming a member of the rural municipality or city council,
based on the provisions of this section. The decision of the rural municipality
or city election committee shall enter into force as of the date of the
announcement of the election results.
(6) The authority of a member of the
local government council shall be suspended or terminate, and the authority of
the alternate member as council member shall commence as of the moment the
decision of the corresponding council enters into force.
(7) Upon restoration of the authority
of a council member, the authority of the alternate council member who was last
designated to replace a council member from among the candidates of the same
political party or election coalition shall terminate.
(8) Upon depletion of alternate
members, the number of council members shall be less by the corresponding
number. ";
5) § 21 is
repealed;
6) clause 22
13) is amended and worded as follows:
"13) the determination of the
number, borders and standard numeration of electoral districts, the
determination of the number of mandates in each electoral district, the
formation of rural municipality or city election committees and division
committees, and the designation of the chairman of the committee and alternate
members; ";
7) subsection
43 (2) is repealed;
8) in § 53,
the words "local government council elections" are substituted by the
words "in this".
§ 48. Amendment of
Language Act
In § 5 of the Language Act (RT I 1995,
23, 334; 1996, 37, 739; 40, 773; 1997, 69, 1110; 1999, 1, 1; 16, 275):
1) subsection
(1) is added to the section in the following wording:
"(1) In order to work in the
Riigikogu or a local government council, oral and written knowledge of Estonian
is required. A description of the level of language knowledge shall be provided
pursuant to procedure established by the Government of the Republic. ";
2) existing
text is considered subsection (2).
§ 49. Amendment of
Political Parties Act
Subsection 10 (5) of the Political
Parties Act (RT I 1994, 40, 654; 1996, 37, 739; 42, 811; 1998, 59, 941; 1999,
27, 393) is amended and worded as follows:
"(5) A political party shall,
within one month after elections are held, submit to the National Election
Committee a report concerning expenses incurred and sources of funds used for
Riigikogu or local government council elections. ".
§ 50. Amendment of Administrative Court
Procedure Code
The following amendments are made to
the Administrative Court Procedure Code (RT I 1993, 50, 694; 1994, 16, 290; 28,
425; 1995, 29, 358 and 359):
1) the words
"and protests" are added after the word "complaints" in
clause 3 (1) 2);
2) clause 4
(1) 8) is added in the following wording:
"8) legislation
or act of the election committee. ".
§ 51. Repeal of Acts
The following are repealed:
1)
2) Local Government Council Election
Act (RT I 1993, 29, 505; 1995, 57, 981).