Unofficial translation
The Saeima has adopted and the
President of
the State has proclaimed the following law:
Law on City, District, County and Pagasts* Election Commissions and Polling Station Commissions
Chapter I
GENERAL PROVISIONS
(1) For the preparation of Saeima elections, national referendums and elections of city, county or pagasts councils (hereafter — councils), a city election commission, a district election commission, a county election commission and a pagasts election commission consisting of seven to fifteen members shall be established from among the voters in each city, district, county and pagasts (hereafter — election commission). The number of members for each election commission shall be determined by the relevant council.
(2) For the organisation of elections or national referendums in cities, counties and pagasts, polling station commissions consisting of seven members shall be established within the deadlines set by the Central Election Commission.
(3) The number and location of polling stations shall be determined by the city, county or pagasts councils to ensure easy access of voters to the polls. District, county and pagasts councils shall display announcement of the location of the polling stations near the council buildings, but the councils of major cities shall publish such announcement in the newspaper “Latvijas Vēstnesis”. This announcements shall be published repeatedly at least 15 days before elections (voting at national referendums).
(4) In cities, counties and pagasts where there is only one polling station, a polling station commission shall not be established, and its duties shall be performed by the election commission of the same city, county or pagasts. The city, county or pagasts councils may also assign the city, county or pagasts election commissions to perform the duties of one polling station commission.
(5) For holding Saeima elections or national referendums in foreign countries, the Central Election Commission upon the recommendation of the Ministry of Foreign Affairs, may establish polling stations in the consular offices of the Republic of Latvia or in other premises suitable for this purpose. Upon the proposals of ship owners, the Central Election Commission may establish polling stations aboard ships sailing under the Latvian flag and registered with the Republic of Latvia, provided that compliance with the provisions of the Saeima Election Law can be ensured in such cases.
(As amended by the 19.06.1998 law, the 02.11.2000 law and the 13.06.2002 law)
(1) Election commissions shall function as independent local government institutions throughout the term of office of the relevant council. The mandate of the commission shall expire on the day when the newly elected council has established a new election commission.
(2) The membership of the election commission may be changed in accordance with the procedure set by this law.
(3) The polling station commissions shall function in accordance with the procedure set by the Central Election Commission.
(As amended by the 13.06.2002 law)
(1) The work of election commissions and polling station commissions in preparing and holding Saeima elections and national referendums shall be financed from the state budget in accordance with the procedure set by the Central Election Commission.
(2) The work of election commissions and polling station commissions in preparing and holding council elections shall be financed from the budgets of the respective city, county or pagasts.
(3) Deleted by the 19.06.1998 law.
(4) Deleted by the 19.06.1998 law.
(5) Material assets required for organising elections (voting at national referendums) shall become the property of the local government. If premises needed for organising elections (voting at national referendums) are owned by the local government, they shall be assigned free of charge.
(As amended by the 19.06.98 law, the 02.11.2000 law and the 13.06.2002 law)
(1) Each election commission shall have its own stamp bearing the small supplemented coat of arms of the state and the name of the relevant commission.
(2) Samples of polling station commission stamps and their use shall be regulated by the Central Election Commission.
Chapter II
FORMATION OF ELECTION COMMISSIONS AND POLLING station COMMISSIONS AND REPLACEMENT OF their MEMBERS
(1) The election commission of a city, district, county or pagasts shall be elected by the respective city council, district council, county council or pagasts council within three months after the relevant council has been elected or formed.
(2) The polling station commissions shall be established by the city, county or pagasts election commissions in accordance with the procedure set by the Central Election Commission.
(3) For holding Saeima elections or national referendums in foreign countries, the Central Election Commission shall appoint polling station commission members from among Latvian citizens as recommended by relevant consular offices. If polling stations are established aboard ships, the Central Election Commission shall appoint polling station commission members from among Latvian citizens as recommended by the ship owners.
(4) In cases referred to in paragraph 3 of this Article, the Central Election Commission shall agree with the relevant consular office or the ship owner upon the number of the commission members; however, there shall be not less than three and not more than seven members in each polling station commission.
(As amended by the 19.06.1998 law and the 02.11.2000 law)
(1) Election commissions and polling station commissions shall consist of Latvian citizens who know the Latvian language and who have at least a general secondary education.
(2) Members of the Saeima or members of a city council, county council or pagasts council may not be members of election commissions or polling station commissions.
(3) A person who has been nominated as a candidate for elections or a person who has submitted a list of candidates may not be a member of a polling station commission.
(4) The same person may not be a member of several commissions.
(5) Chairpersons, secretaries and members of city, district, county and pagasts election commissions and polling station commissions shall not be regarded as state officials in the context of the Law On Prevention of Conflict of Interest in the Work of Public Officials.
(As amended by the 19.06.1998 law, the 02.11.2000 law and the 13.06.2002 law)
(1) Political organisations (parties) or permanently functioning central governing bodies of their associations registered with the Ministry of Justice, as well as any member of the relevant council and any district council member, or not less than 10 Latvian citizens eligible to vote (hereafter — a group of voters), shall have the right to nominate their representatives to the election commissions.
(2) The number of election commission candidates nominated by any political organisation (party) or association of political organisations (parties), as well as any council member or any district council member or a group of voters, may not exceed the number of members to be elected to the relevant election commission.
(As amended by the 19.06.1998 law and the 13.06.2002 law)
(1) The nomination form shall include the election commission candidate’s full name, personal identification number, permanent address, place of employment and profession (occupation) and information about his/her previous experience in the preparation and holding of elections. Each candidate’s written statement shall be attached to the nomination form certifying his/her agreement to the nomination and the processing of his/her personal data that must be performed in accordance with the requirements of this law.
(2) If an election commission candidate is nominated by a group of voters, each voter shall sign the nomination form and shall indicate his/her full name, personal identification number and permanent address.
(3) If an election commission candidate is nominated by a political organisation (party) or an association of political organisations (parties), an excerpt from the relevant decision of its permanently functioning central governing body must be attached to the nomination form.
(As amended by the 13.06.2002 law,)
The deadline for submitting nomination forms for election commission candidates shall be determined by the relevant council. The councils of major cities and district councils shall announce this deadline in the newspaper “Latvijas Vēstnesis”, but the city council, the county council and the pagasts council shall display such an announcement near the council building.
(As amended by the 02.11.2000 law)
(1) The councils shall verify whether the election commission candidates meet the requirements prescribed by law (Article 6)
(2) A separate vote shall be taken for each election commission candidate. Those candidates who have received the majority of votes and not less than the qualifying number of votes required for passing a decision shall be deemed elected.
(3) The names of those candidates who have received the requisite number of votes but who are not included in the election commission shall be put on the reserve list in the sequence of votes received (most to least).
(4) The councils shall issue to election commission and polling station commission members standard identity cards validated by the Central Election Commission.
(5) The councils shall notify the Central Election Commission about the formation of an election commission and its membership within five days after the election commission has been elected. The notification should contain information that has been provided in the nomination form on each member of the commission (Article 8, paragraph 1)
(As amended by the 13.06.2002 law)
(1) An election commission member may resign from the commission by submitting a notice to the relevant city, district, county or pagasts council.
(2) If an election commission member fails to fulfil his/her duties or is negligent in fulfilling them, if the member violates the rules or if it is revealed that he/she is ineligible to be elected according to Article 6 of this law, the election commission member may be recalled upon the request of the Central Election Commission, the relevant election commission or its chairperson.
(3) The decision about recalling an election commission member shall be taken by the council which has established the relevant commission. If the proposal to recall an election commission member has been received after elections or after a national referendum has been announced, the chairperson of the respective council shall convene a council meeting within three days.
(4) If an election commission member has resigned from the commission or has been recalled, the council chairperson shall invite the next candidate from the reserve list who has received the majority of votes; but if there are no more candidates on the reserve list, the council shall announce a new deadline for the nomination of election commission candidates.
(As amended by the 19.06.1998 law and the 02.11.2000)
Chapter III
Organisation of work OF ELECTION
COMMISSIONS
AND POLLING Station COMMISSIONS
(1) The first meeting of the election commission shall be convened by the chairperson of the relevant council or a person authorised by him/her.
(2) At its first meeting, the election commission shall elect from among its members the chairperson and the secretary of the commission.
(1) Election commissions and polling station commissions shall commence and terminate the preparation and holding of elections or national referendums in accordance with the procedure set by the Central Election Commission.
(2) Deleted by the 19.06.1998 law.
(As amended by the 13.06.2002 law)
(1) The chairperson of the election commission and the chairperson of the polling station commission shall administrate the work and convene the meetings of the respective commission.
(2) In the chairperson’s absence, his/her duties shall be performed by the secretary of the commission, and in such a case the commission shall appoint a commission member to perform the duties of the secretary.
(1) The meetings of election commissions and polling station commissions shall be open to the public.
(2) Journalists, persons authorised by political organisations (parties) or by their associations that are registered with the Ministry of Justice and any of the submitters of a list of candidates may be present at commission meetings if they do not disturb the work of the commission. Voters may be present at election commission meetings if they have been granted permission by the chairperson of the respective commission.
(3) Members of the Central Election Commission or persons authorised by this Commission have the right to participate in election commission meetings.
(4) Members of the Central Election Commission or persons authorised by this Commission, as well as members of the respective city, district, county or pagasts election commission, have the right to participate in polling station commission meetings.
(As amended by the 19.06.1998 law and the 02.11.2000 law)
Election commissions and polling station commissions shall take decisions by a show of hands. It is regarded that a decision has been taken when a majority of the total number of commission members vote for it. In the case of a tie vote, the chairperson has the deciding vote. Any commission member who disagrees with the decision has the right to attach to the minutes a written statement explaining his/her individual opinion.
(1) Minutes of election commission meetings and polling station commission meetings shall be taken, and they shall be signed by commissions’ chairpersons and secretaries. Decisions of the commission shall be recorded in the minutes.
(2) Documents (complaints, statements, references, standard forms of ballot papers, etc.) concerning matters discussed are to be attached to the minutes in the order the matters were discussed. The minutes of the meetings shall be arranged in a chronological file.
(3) A separate file shall be opened for each list of candidates submitted for council elections. The file should contain the list of candidates, documents concerning the list in general (bank receipt, authorisations of submitters) followed by all the documents concerning each candidate (statements, declarations, etc.) in the sequence their names are put on the list.
(4) The above-mentioned documents must be transferred to the local government's records department, where they are processed and deposited in the archives for permanent storage.
(As amended by the 19.06.1998 law)
(1) The chairperson of the election commission and the chairperson of the polling station commission shall:
1) represent the commission in state and local government institutions and in relations with natural persons and legal entities;
2) receive voters interested in the activities of the relevant commission;
3) manage the financial and material resources allocated to the relevant commission;
4) report to the higher level election commission and the respective local government on his/her work;
5) perform other duties related to elections or national referendums.
(2) The chairperson of the election commission and the chairperson of the polling station commission shall be responsible for the work of the relevant commission as a whole but especially for an accurate tallying of votes and the preservation of material resources at the disposal of the commission.
(1) The secretary of the election commission and the secretary of the polling station commission shall take the minutes of commission meetings and process other documents of the commission.
(2) In the absence of the secretary, his/her duties shall be fulfilled by any commission member as agreed by the commission.
(3) The secretary shall be responsible for the correct filing and keeping of documents before they are transferred to the local government's records department.
(1) Election commission members shall have the right to initiate discussion of issues at commission meetings, to participate in the discussion of the issues and, if so requested by the chairperson of the election commission, to check the work of a polling station commission.
(2) If an election commission member is nominated as a candidate for elections or if he/she is a submitter of a list of candidates, his/her work in the commission shall be suspended, i.e., he/she shall have no right to participate in the work of the election commission as of the date the candidate list was submitted. He/she shall be replaced by the next candidate on the reserve list as invited by the chairperson of the council.
(3) For infractions related to the work of the election commission or the polling station commission, a member shall be held liable in conformity with the law.
(As amended by the 19.06.1998 law)
(1) While fulfilling their duties related to elections, chairpersons, secretaries and other members of election commissions and polling station commissions must be excused from their full-time employment duties, but their positions must be retained for them.
(2) Chairpersons, secretaries and other members of election commissions and polling station commissions shall receive remuneration for the time period while they fulfil their duties in the commission.
(3) The amount of remuneration of chairpersons, secretaries and members of election commissions and polling station commissions for the preparation of Saeima elections and national referendums shall be determined by the Central Election Commission in accordance with the rates approved by the Cabinet of Ministers; for council elections, the rates shall be approved by the relevant council.
(4) The means needed by members of election commissions and polling station commissions to ensure the continuous work during the voting and vote counting shall be included in the election commission estimates of projected expenses in accordance with the procedure set by the Central Election Commission. Election commission and polling station commission members shall receive compensation for their meals in the amount set by the Cabinet of Ministers.
(As amended by the 13.06.2002 law)
In order to ensure the integrity of the voting process and of vote counting, the election commissions may invite civil servants and experts from among voters. The chairperson of the relevant election commission shall sign an employment contract with the invited person in which the person’s rights and obligations, as well as the amount of remuneration allowed by the allocated budget, shall be stipulated.
Chapter IV
Authority of election commissions
(1) City, district, county and pagasts election commissions shall ensure the preparation and holding of Saeima elections, elections of relevant councils and, in cases provided for by law, national referendums.
(2) An election commission, being subject to public law, shall be allowed to engage only in such activities as are prescribed by relevant laws and regulations.
(3) Election commissions shall perform the duties set by:
1) this law;
2) The Saeima Election Law;
3) the Law on the Election of City, County and Pagasts Councils;
4) the Law on National Referendums and Legislative Initiatives;
5) Deleted by the 19.06.1998 law;
6) instructions issued by the Central Election Commission.
(4) Decisions and orders issued by the Central Election Commission are binding on election commissions.
(As amended by the 19.06.1998 law and the 02.11.2000 law)
In preparing Saeima elections, the election commissions shall:
1) consider issues related to the preparation and holding of elections in the relevant administrative territory;
2) check that election premises in all polling stations are arranged in accordance with the requirements set by law;
3) render assistance to polling station commissions by providing them with transport, communications and other technical equipment, as well as security guards;
4) deliver the lists of nominated candidates, ballot papers, envelopes and other election materials to polling station commissions;
5) ensure on election day the delivery of additional ballot papers and envelopes to the polling stations where they are in short supply;
6) check election results in specific polling stations on the basis of received complaints or on its own initiative;
7) inform voters about the voting procedure;
8) review complaints or submissions concerning the decisions and work of the relevant election commission (polling station commission);
9) fulfill other duties related to Saeima elections.
(2) In addition to the obligations stated in the first paragraph of this Article, the election commissions of major cities and the district election commissions shall:
1) after the elections are over and in accordance with the procedure set by the Central Election Commissions, receive election commission minutes (vote-counting records) and other materials from polling station commissions, check the polling station records, tally the votes for the entire city or district, record the results and deliver them to the Central Election Commission, together with the polling station commission records;
2) present to the Central Election Commission a financial report on a standardised form.
(As amended by the 13.06.2002 law)
(1) In accordance with the Law on the Election of City, County and Pagasts Councils and in accordance with the procedure set by the Central Election Commission, city, county and pagasts election commissions shall:
1) receive, register and publish lists of council member candidates;
2) validate the contents of ballot papers and ensure their printing and delivery to polling stations;
3) appoint the polling station where voters may cast their votes before the designated election day;
4) supervise the work of polling station commissions and render them assistance by providing them with transport, communications, other technical equipment, as well as security guards;
5) check the election results in specific polling stations on the basis of received complaints or on their own initiative;
6) inform voters about the voting procedure;
7) review complaints or submissions pertaining to elections;
8) be entitled to review any issue related to the preparation and conduct of elections;
9) ensure on election day the delivery of additional ballot papers to the polling stations where they are in short supply;
10) after the elections are over, receive election commission minutes (vote-counting records) and other materials from polling station commissions, check these records, and tally the votes for the entire city, county or pagasts;
11) validate election results, determine which candidates have been elected and publish the council election results of major cities in the newspaper "Latvijas Vēstnesis", but the election results of district cities, counties and pagasts shall be displayed near the respective council building;
12) send their decisions about the validation of election results together with the election commission records, to the Central Election Commission;
13) fulfill other duties related to council elections.
(2) District election commissions, in compliance with the Law on the Election of City, County and Pagasts Councils and in accordance with the procedure set by the Central Election Commission, shall:
1) see to it that the relevant state and local government institutions provide election commissions with premises, transport and communications, as well as other materials and technical resources;
2) set the procedure for sending election commission minutes (vote counting records) and other election materials to election commissions, as well as prescribe the procedure for information exchange;
3) set the procedure for sending election commission minutes (vote counting records) and other election materials to the district election commission;
4) hear reports of city, county and pagasts election commissions on the preparation for elections;
5) instruct city, county, and pagasts election commissions on all issues pertaining to ensuring the compliance of the election process with the law;
6) check election results in specific constituencies or polling stations upon received complaints or on their own initiative;
7) inform voters about the voting procedure;
8) review complaints or submissions concerning the decisions and work of city, county or pagasts election commissions;
9) be entitled to review any issue related to the perpetration and conduct of elections;
10) fulfil other duties related to council elections.
(As amended by the 02.11.2000 law and the13.06.2002 law)
(1) If, in accordance with the Law on National Referendums and Legislative Initiatives, not less than 10,000 Latvian citizens eligible to vote have initiated a fully elaborated draft law or a draft amendment to the Constitution or if the President of the State has suspended the proclamation of a law, the city, county and pagasts election commissions shall make it possible for voters to sign petition lists and shall send these lists to the Central Election Commission in accordance with the procedure set by the Central Election Commission.
(2) In preparing a national referendum, the election commissions of major cities and district election commissions shall:
1) consider issues related to the preparation and conduct of a national referendum in the administrative territory of the respective city or district;
2) check that the voting rooms in all polling stations conform to requirements set by law;
3) render assistance to polling station commissions in providing them with transport, communications and other technical equipment;
4) receive ballot papers from the Central Election Commission and deliver them to polling station commissions;
5) ensure that on voting day additional ballot papers are delivered to the polling stations where they are in short supply;
6) when the voting is over, receive election commission minutes (vote-counting records) from polling station commissions, check these records, tally the votes for the entire major city or district, record the results and deliver them to the Central Election Commission, together with the polling station commission records;
7) present to the Central Election Commission a financial report on a standardised form;
8) perform other duties related to national referendums.
(As amended by the 02.11.2000 law and the 13.06.2002 law)
Deleted by the 19.06.1998 law.
Chapter V
Functions of polling station commissions
(1) While preparing elections or a national referendum, polling station commissions shall:
1) ensure that the voting rooms are equipped with everything necessary for voting by secret ballot;
2) in compliance with the law, ensure that voters may acquaint themselves with the lists of candidates, samples of ballot papers and other election papers that are provided by law;
3) ensure that ballot papers are preserved until election day (day of voting at a national referendum).
(As amended by the 19.06.1998 law)
In compliance with the law and in accordance with the procedure set by the Central Election Commission, polling station commissions shall ensure free and unhindered voting on election day (day of voting at a national referendum) and shall examine the complaints and protests submitted by voters.
Polling station commissions shall keep minutes of the election (voting at a national referendum) procedure, recording all incidents and hindrances, as well as complaints or protests made by voters and commission decisions taken thereon.
After the closing of polling stations, polling station commissions shall ensure that votes are counted in accordance with the procedure set by the Central Election Commission and shall deliver the election commission minutes (vote-counting records), together with other materials, to the relevant city, district, county or pagasts election commission.
(As amended by the 02.11.2000 law)
Chapter VI
Appealing decisions made by election commissions
Complaints about any election commission decision may be submitted within seven days after the decision has been taken to the district (city) court in whose jurisdiction the respective commission is located. The decision of the district (city) court shall be final.
The following persons have the right to lodge a complaint about any election commission decision:
1) during elections — submitters of lists of candidates and nominated candidates;
2) during a national referendum on a draft law or a proposed amendment to the Constitution — a person who has submitted to the Central Election Commission a fully elaborated draft law or a draft amendment to the Constitution signed by not less than 10,000 Latvian citizens who are eligible to vote;
3) during a national referendum on the dissolution of the Saeima — not less than one-third of the Saeima members;
4) Deleted by the 19.06.1998 law.
If any infractions committed by an election commission are found after the seven-day period, a complaint about the work of the election commission may be submitted to the Central Election Commission. The decision made by the Central Election Commission may be appealed in court in accordance with the procedure set by law.
Transitional provision
Deleted by the 13.06.2002 law.
This law was adopted by the Saeima on 10 May 1995.
The President of the State, G. ULMANIS
Riga, 19 May 1995
* The smallest rural administrative unit in Latvia.