The Saeima1 has adopted and
the President has proclaimed the following law:
Local
Government Referendum Law
Chapter I
General Provisions
Section 1. The purpose of the Law is to promote the
participation of inhabitants of local governments in deciding on
issues of local significance.
Section 2. The Law prescribes the issues on which a
local government referendum (hereinafter - the local government
referendum) may be initiated and organised, the source of
financing of the local government referendum, and also the
procedures for initiating and organising the local government
referendum and for announcing its results.
Section 3. (1) The local government referendum shall be
prepared and led by the election commission of the relevant local
government (hereinafter - the election commission).
(2) The Central Election Commission shall, if necessary,
provide the election commission with methodical assistance in
preparing and leading the local government referendum.
(3) The local government council (hereinafter - the council)
and the election commission shall announce the decisions referred
to in this Law and the extracts from the minutes of the meeting
by publishing in a local newspaper or in a free publication, by
posting on the website of the local government, and also by
posting in a visible location in the council building, town and
rural territory administrations, the premises of the central
administration of the local government and its units (hereinafter
- publicly announce) unless it has been laid down otherwise in
this Law.
(4) It is prohibited to place campaigning information on the
local government referendum on the website under management of
the State administration institution.
(5) Expenditures related to the preparation and course of the
local government referendum, except for expenditures for the
collection of signatures on the initiation of the local
government referendum, electronic voting, electoral register and
other information systems, shall be financed from the local
government budget. Financing for the collection of signatures for
initiating the local government referendum shall be ensured by
the persons who organise the collection of signatures, except for
financing for electronic collection of signatures on the single
State and local government services portal www.latvija.lv
(hereinafter - the portal www.latvija.lv) and the system for the
collection of signatures.
(6) The local government referendum may be organised
concurrently with the elections of the Saeima, the
European Parliament, or the council, and also concurrently with
the national referendum.
Section 4. (1)The collection of signatures for the
initiation of the local government referendum shall take place
simultaneously in person and electronically. Signing for the
initiation of the local government referendum may be done once
and in one way, either in person or electronically. The local
government referendum signature collection electronic service on
the portal www.latvija.lv (hereinafter - the e-service) shall be
used for the collection of electronic signatures.
(2) The Ministry of Environmental Protection and Regional
Development shall be the administrator of the e-service
(hereinafter - the e-service administrator), but the State
Regional Development Agency - the holder (hereinafter - the
e-service holder).
(3) Voting in the local government referendum shall take place
in person at local government polling stations and
electronically, using the voting system of the Central Election
Commission (hereinafter - the voting system).
(4) The procedures for initiating the local government
referendum laid down in Chapter II of this Law shall also apply
to the initiation of the local government referendum referred to
in Chapter IV of this Law by electronic means insofar as it has
not been laid down otherwise in Chapter IV.
(5) The Cabinet shall determine the minimum security,
technical, and organisational requirements for electronic
collection of signatures for the initiation of the local
government referendum.
Section 5. The local government referendum may be
organised as regards the following:
1) the sustainable development strategy of the local
government or the amendments thereto;
2) a council decision by which the local government has
initiated the construction of a new building - a public building
or an object to which the environmental impact assessment
procedure - construction - is applicable in accordance with
Section 4, Paragraph one, Clause 1 of the law On Environmental
Impact Assessment;
3) dismissal of the council.
Section 6. (1) The local government referendum on the
sustainable development strategy or the amendments thereto may be
initiated within two months after their approval.
(2) The local government referendum on a council decision by
which the local government has initiated the construction of the
object referred to in Section 5, Clause 2 of this Law may be
initiated within a month after publication of the relevant
council decision on the website of the local government.
(3) The local government referendum on the dismissal of the
council may not be initiated one year after the first meeting of
the council and a year before the end of the term of office of
the council.
Chapter
II
Initiation of the Local Government Referendum in Person
Section 7. (1) A citizen of Latvia and a citizen of the
European Union who is not a citizen of Latvia, but is registered
in the Register of Natural Persons has the right to initiate the
local government referendum if he or she complies with all the
following features:
1) he or she has attained 18 years of age;
2) his or her place of residence is registered in the
administrative territory of the relevant local government or he
or she owns immovable property registered in accordance with the
procedures laid down in the law in the administrative territory
of the relevant local government.
(2) A person who, on the day when the decision referred to in
Section 13, Paragraph two or Paragraph six of this Law on the
organising of the local government referendum has been taken,
meets the requirements of Paragraph one of this Section and is
registered in the electoral register (hereinafter - the voter)
has the right to participate in the local government
referendum.
(3) The local government referendum may be initiated by the
council if at least two-thirds of the total number of council
deputies vote in favour thereof.
Section 8. (1) Inhabitants may propose the local
government referendum on the following issues:
1) on the issues referred to in Section 5, Clauses 1 and 2 of
this Law - not less than 10 per cent in the capital city Riga,
not less than 15 per cent of the number of inhabitants in other
local governments who were included in the electoral rolls of the
relevant electoral district on the election day of the last
council elections;
2) on the issue referred to in Section 5, Clause 3 of this Law
- not less than 30 per cent of the number of inhabitants who were
included in the electoral rolls of the relevant electoral
district on the election day of the last council elections.
(2) The local government referendum on the dismissal of the
council may not be initiated by the council.
Section 9. The council shall propose the local
government referendum by means of a council decision stating the
issue on which the local government referendum will take place.
The council shall submit the decision to the election commission
and the election commission shall determine the date on which the
local government referendum shall be held.
Section 10. (1) A person who meets the requirements of
Section 7, Paragraph one of this Law at the time of submitting
the submission is entitled to submit a submission on the
initiation of the local government referendum. The following
shall be indicated in the submission:
1) the issue (Section 5) on which the local government
referendum is initiated;
2) the justification for the need to organise the local
government referendum on the relevant issue;
3) the information on the submitter of the submission - the
given name, surname, personal identity number.
(2) The local government shall, using the connection with the
Register of Natural Persons and the State Unified Computerised
Land Register, examine the conformity of the submitter with the
requirements of Section 7, Paragraph one of this Law.
(3) If several submitters submit a submission, the decisions
provided for in this Law which are to be notified to the
submitter in accordance with the Law on Notification are notified
to the first three submitters who have signed the submission or
to not more than three other submitters specified in the
submission.
(4) The local government shall, within 15 days after the time
limit referred to in Section 6, Paragraph one or two of this Law
has expired, take one of the following decisions:
1) the decision that the local government referendum may be
initiated on the relevant issue;
2) the decision that the local government referendum cannot be
initiated on the relevant issue if the requirements laid down in
Section 5 or 6 of this Law or Paragraph one of this Section have
not been met.
(5) If a local government has taken the decision referred to
in Paragraph four, Clause 1 of this Section, it shall determine
in the decision:
1) the number of votes necessary to initiate a referendum
(Section 8, Paragraph one);
2) the wording of the issue to be presented in the referendum.
The issue shall be formulated in such a way that the answer to
this question is "for" or "against".
(6) The local government shall notify the submitter or
submitters of the submission (Paragraph three of this Section)
within three working days of the relevant decision referred to in
Paragraph four of this Section, but the decision referred to in
Paragraph four, Clause 1 of this Section shall also be notified
to the holder of the e-service.
(7) The submitter or submitters of the submission (Paragraph
three of this Section) to whom the local government decision
referred to in Paragraph four, Clause 2 of this Section has been
notified may contest it to the council. The decision of the
council may be appealed to the Regional Administrative Court.
(8) If a local government has taken the decision that the
local government referendum may be initiated on the relevant
matter, a voter is entitled to start the collection of signatures
for initiating the local government referendum. The collection of
signatures shall start after the date of publishing the
notification referred to in Section 25 of this Law and shall last
for 30 days.
Section 11. (1) The collection of signatures in person
shall be organised by a submitter who has submitted a submission
in accordance with Section 10, Paragraph one of this Law. Each
signature shall, not earlier than 30 days before the end of the
collection of signatures, be certified by a sworn notary, at the
place of declaration of the place of residence in the local
government, in the Orphan's and Custody Court which performs
notarial activities, or in the municipality by the head of the
rural territory or town administration. Signature witnesses shall
register the signing in the system for the collection of
signatures of the Central Election Commission.
(2) If the number of signatures necessary for the initiation
of the local government referendum has been collected, the
submitter shall, within three working days after the end of the
collection of signatures, submit a submission to the election
commission regarding the organisation of the local government
referendum.
Section 12. The council shall suspend the direction of
such decision by which the local government has initiated the
construction of the object referred to in Section 5, Clause 2 of
this Law until:
1) expiry of the time period referred to in Section 6,
Paragraph two of this Law if the local government referendum has
not been initiated within the specified time period;
2) the day when administrative proceedings on the decision
referred to in Section 10, Paragraph four, Clause 2 or Section
13, Paragraph three of this Law have ended;
3) the notification of the results of the local government
referendum.
Section 13. (1) The election commission shall, not
later than within five working days from the date of receipt of
the submission, take the decision to organise the local
government referendum or on refusal to organise the local
government referendum. Before taking the decision, the election
commission shall:
1) using the connection with the Register of Natural Persons
and the State Unified Computerised Land Register, verify whether
the person had the right to sign for the initiation of the local
government referendum and shall remove such persons from the list
who did not have the right to sign for the initiation of the
local government referendum;
2) verify whether the persons have not signed several times on
the initiation of the local government referendum, comparing the
list of persons who have signed in person with the list of
persons who have signed electronically and the information
included in the Register of Natural Persons. If it is established
that the same person has signed both in person and
electronically, the signature made in person shall be valid;
3) count the signatures.
(2) If the submission meets the requirements of Section 8,
Paragraph one and Section 11, Paragraphs one and two of this Law,
the election commission shall take the decision to organise the
local government referendum and shall determine the date on which
the local government referendum will take place. The local
government referendum shall take place not later than four months
after taking of the decision to organise it.
(3) If the submission does not meet the requirements of
Section 8, Paragraph one or Section 11, Paragraphs one and two of
this Law, the election commission shall take a decision on
refusal to organise the local government referendum.
(4) If, after the decision of the election commission to
organise the local government referendum has been publicly
announced, but not later than 20 working days before the day of
the course of the local government referendum, the election
commission has received a submission regarding organising of a
referendum on another issue referred to in Section 5 of this Law,
the initiated local government referendums shall be organised on
one day if it is possible to conform with the time period
indicated in Paragraph two of this Section. Persons who, on the
day when the election commission has taken the decision to
organise referendums on one day, meet the requirements of Section
7, Paragraph one of this Law and are registered in the electoral
register have the right to participate in the local government
referendums.
(5) The election commission shall, not later than within five
working days from the day of taking the decision referred to in
Paragraph two or three of this Section, notify the council
thereof and, in accordance with the Law on Notification, notify
the submitter or submitters of the submission thereof (Section
10, Paragraph three).
(6) The submitter or submitters of the submission (Section 10,
Paragraph three) are entitled to contest the decision of the
election commission with the council within five working days
from the date of notification of the relevant decision. The
council shall, not later than within five working days from the
date of receipt of the submission regarding contesting of the
decision of the election commission, examine it and take the
decision to organise the local government referendum or to leave
the decision of the election commission unchanged. The council
shall submit the decision to organise the local government
referendum to the election commission. The council shall, in
accordance with the Law on Notification, notify the submitter or
submitters of the submission (Section 10, Paragraph three) of the
decision by which the decision of the election commission has
been left unchanged.
(7) The submitter or submitters of the submission (Section 10,
Paragraph three) may, within five working days, appeal the
decision of the council referred to in Paragraph six of this
Section to the Regional Administrative Court.
Section 14. (1) The election commission shall publicly
announce the decision referred to in Section 9 and Section 13,
Paragraphs two and six of this Law to organise the local
government referendum or the decision referred to in Section 13,
Paragraph three of this Law on refusal to organise the local
government referendum within 10 working days after taking the
decision.
(2) The following shall be indicated in the notification of
organising the local government referendum:
1) the issue on which the local government referendum will
take place;
2) information on when and where the vote on the issue
referred for the local government referendum will take place;
3) if necessary, other information in order to promote the
understanding of voters regarding the issue referred for the
local government referendum, except for the case of campaigning
information.
(3) The notification of the refusal to organise the local
government referendum shall indicate the issue on which
organising of the local government referendum was initiated and
the grounds for refusal.
Chapter
III
Course of the Local Government Referendum and Notification of the
Results
Section 15. (1) The advance voting on the issue
referred for the local government referendum shall take place
electronically on Monday, Tuesday, and Wednesday before the day
of the referendum, all day and night by Latvian time. Following
the end of the electronic voting, the Central Election Commission
shall deny access to the voting on the issue referred for the
referendum in the voting system.
(2) The issues referred to in Section 5, Clauses 1 and 2 of
this Law may be referred for advance voting.
(3) The Cabinet shall determine the security and technical
requirements which shall be met if the voting takes place, using
the voting system, and the authority which shall assess the
conformity of the voting system with the security and technical
requirements stipulated by the Cabinet.
Section 16. (1) The voting on the issue referred for
the local government referendum shall take place on a Saturday
from 7.00 in the morning till 8.00 in the evening.
(2) Before 7.00 in the morning, the chairperson of the polling
station commission or the secretary shall, in the presence of the
polling station commission, ascertain that the ballot boxes,
allotted for depositing ballot papers, are empty. After this the
ballot boxes shall be sealed.
(3) The polling station commission shall ensure the
verification of the following at the entrance to the polling
premises:
1) whether the citizens who arrived are voters;
2) whether the voter presents a valid personal identification
document.
Section 17. (1) Voting shall be held by secret ballot.
Each voter shall vote in person, except for the cases referred to
in Section 19 of this Law.
(2) In the polling premises, a member of the polling station
commission shall, by using the online electoral register,
ascertain that the voter has not already voted in the local
government referendum in person, make a notation regarding voting
in the electoral register, and issue a ballot paper stamped with
the seal of the polling station commission to the voter. The
voter shall sign the electoral roll regarding receipt of the
ballot paper.
(3) If there is a notation in the electoral register regarding
the participation of the voter in the referendum, however, he or
she denies that, the polling station commission shall contact the
polling station commission in which the voter, according to the
information in the electoral register, has voted, and shall
clarify whether the signature of the voter is in the electoral
roll of the polling station. If the absence of the signature is
confirmed, the voter may vote. If there is a signature, the voter
shall be refused the possibility to vote.
(4) The ballot paper shall indicate the issue referred for the
local government referendum, and also the following options:
"for" and "against".
(5) A separate room or booth shall be installed in the polling
premises where the voter may make a mark on the ballot paper
alone. The voter shall mark the preferable answer with the "+"
mark at the discretion thereof: "for" or"against". When the voter
has made the mark on the ballot paper, he or she shall fold the
ballot paper and drop it into the ballot box in the presence of a
member of the polling station commission.
(6) On the day of voting after 8.00 in the evening, only
voters who arrived at the polling premises before 8.00 in the
evening may hand over their ballot papers. Afterwards the polling
premises shall be closed.
Section 18. (1) The polling station commission shall
record the course of voting in the voting logbook.
(2) During voting, the order in the polling premises shall be
supervised by the chairperson of the polling station commission.
He or she shall ascertain that restrictions on the freedom to
vote and disturbances of order, and also campaigning do not occur
in the polling premises and closer than 50 metres from the
entrance to the building where the polling station is
located.
(3) Without disturbing the work of the polling station
commission, the course of voting at the polling station may be
observed concurrently by not more than two observers authorised
by the initiators of the local government referendum, and also
members of the Central Election Commission and the relevant local
government election commission and persons authorised by these
commissions, mass media representatives. The objections expressed
by the abovementioned persons and the proposals for voting shall
be indicated in the logbook referred to in Paragraph one of this
Section.
Section 19. (1) If certain voters are unable to come to
the polling premises due to their state of health, the polling
station commission shall, on the basis of a written submission
from such voters or their authorised persons which has been
submitted to the electoral commission or polling station
commission and registered in the voting logbook, organise voting
at the location of such voters, ensuring a secret ballot.
Observers authorised for this purpose are entitled to observe
such voting.
(2) Voting at the location of voters shall be organised also
for the carers of the voters and sick persons referred to in
Paragraph one of this Section if they have submitted a written
submission regarding voting at their location.
(3) Voting of voters not referred to in Paragraphs one, two,
and six of this Section outside the polling premises is not
permissible.
(4) Voting at the location shall take place only if the voter
is located in the territory of the local government in which the
relevant referendum is taking place.
(5) On the day of voting, the polling station commission shall
continue to accept written submissions regarding voting at the
location of voters. If the submission is submitted after 12.00
noon, the polling station commission shall organise voting at the
location of the voter if it is possible to arrive at the location
until 8.00 in the evening.
(6) For voters who have been imposed a security measure
related to deprivation of liberty, and also for persons who are
at a place of temporary detention, voting is organised at the
location of such voters in accordance with the procedures laid
down in Paragraphs one and five of this Section. The submissions
of such voters shall be delivered to the relevant election
commission by the administration of the institution.
(7) Voters who vote at their location in accordance with
Paragraphs one, two, and six of this Section are entered in a
separate electoral roll and ballot papers are deposited in a
separate sealed box.
Section 20. (1) The polling station commission shall
perform the counting of votes cast at the station, but a special
polling station commission appointed by the Central Election
Commission (hereinafter - the Internet polling station
commission) shall perform the counting of electronic votes.
(2) The polling station commission and the Internet polling
station commission shall count the votes in an open meeting in
accordance with the procedures stipulated by the Central Election
Commission and shall prepare a vote counting report regarding the
counting of votes in two copies. The vote counting report shall
be signed by all members of the polling station commission
present.
(3) Without disturbing the work of the polling station
commission, the meeting may be concurrently attended by not more
than two observers authorised by the initiators of the local
government referendum, and also members of the Central Election
Commission and the relevant local government election commission
and persons authorised by these commissions, mass media
representatives. After completion of the counting of votes, the
abovementioned persons have the right to familiarise themselves
with the vote counting report.
(4) The Internet polling station commission shall count the
votes after closing of polling stations on the day of the
referendum and receipt of the information on the persons who
voted in person in conformity with the conditions of Paragraph
five of this Section.
(5) If the voter has voted electronically several times and
has not voted in person, the last (the latest) electronic vote
shall be counted. If the voter has voted both electronically and
in person, only the vote in person is counted and the electronic
vote is not counted.
(6) After determining the number of votes cast in electronic
voting, each electronic vote is separated from the identity of
the voter, anonymised, and the results of electronic voting are
counted. The Internet polling station commission shall send the
vote counting report to the election commission.
(7) A submitter or submitters of the submission (Section 10,
Paragraph three) may, within three working days from the date of
signing the vote counting report, contest it with the election
commission. The election commission shall review the complaint
and take a decision within three working days from the date of
receipt of the complaint. The decision of the election commission
may be appealed to the Regional Administrative Court within five
working days from the date of receipt thereof.
(8) After completion of the counting of votes and after
signing of the vote counting report, all valid ballot papers
handed over, and also invalid ballot papers and one vote counting
report of the polling station commission shall be packaged and
sealed.
(9) The election commission shall calculate the results of the
local government referendum on the basis of the vote counting
reports submitted by polling station commissions and the vote
counting report of the Internet polling station commission.
(10) The results of the local government referendum shall be
approved by the election commission by a decision. Voting
materials are stored in accordance with the procedures stipulated
by the Central Election Commission.
Section 21. The election commission shall publicly
announce the decision on approval of the results of the local
government referendum and shall send the results of the
referendum for publication to the website of the local government
and the Central Election Commission within three working days
from the date of the course of the local government referendum
referred to in Section 16, Paragraph one of this Law.
Section 22. (1) The local government referendum on the
issue referred to in Section 5, Clause 1 or 2 of this Law shall
be deemed to have taken place if not less than one third of the
number of such voters who were included in electoral rolls of the
relevant electoral district on the election day of the last
council elections has participated.
(2) The issue referred to in Section 5, Clause 1 or 2 of this
Law referred for the local government referendum shall be deemed
to be supported if more than half of the number of voters
participating in the local government referendum have voted in
favour of the matter.
(3) The local government referendum on dismissal of the
council shall be deemed to have taken place and an issue on
dismissal of the council - to be supported if the majority of
voters and at least two-thirds of the number of voters
participating in the last elections of the council voted in
favour of dismissal of the council.
Section 23. (1) If the council has not been dismissed
by the local government referendum regarding the dismissal of the
council, the local government referendum on the same issue may be
re-initiated not earlier than one year after the date of public
notification of the results of the local government referendum
and in conformity with the requirements of Section 6, Paragraph
three of this Law.
(2) If it has been voted against the decision referred to in
Section 5, Clause 1 or 2 of this Law in the local government
referendum, the council may re-decide on the rejected decision
not earlier than during the next term of the council.
Section 24. (1) The decision taken in the local
government referendum (the supported matter), except for the
decision on dismissal of the council, shall enter into effect
from the moment when the decision of the election commission on
approval of the results of the local government referendum has
been publicly announced.
(2) The decision taken in the local government referendum,
except for the decision on dismissal of the council, shall be
examined in a council meeting within five working days from
entering into effect of the relevant decision. The council shall
take all necessary decisions at this meeting or not later than
one month after the meeting in order to comply with the decision
taken in the local government referendum.
(3) If the decision on dismissal of the council has been taken
in the local government referendum, then:
1) after the decision on approval of the results of the local
government referendum has been publicly announced, the election
commission shall send a copy of the decision to the Ministry of
Environmental Protection and Regional Development;
2) members of the dismissed council shall continue to perform
their duties until the Saeima appoints by law a temporary
administration in the relevant administrative territory in
accordance with the recommendation of the Cabinet.
(4) When appointing a temporary administration, the
Saeima shall concurrently determine the time period within
which new council elections should take place.
(5) A temporary administration shall carry out the functions
provided for the council in laws and shall act until the day when
the newly elected council convenes for the first meeting.
(6) New council elections shall be organised within three
months from the date of the coming into force of the law on
appointing of a temporary administration.
(7) The council shall be elected:
1) for the remainder of the term of office of the dismissed
council if more than 24 months remain until the regular elections
of the council;
2) for the remainder of the term of office of the dismissed
council and the term of office of the council to be elected in
the regular elections if less than 24 months, but more than nine
months remain until the regular elections of the council.
(8) If less than nine months remain until regular council
elections, new council elections shall not take place and a
temporary administration shall be in operation until regular
council elections.
Chapter
IV
Initiation of the Local Government Referendum Electronically
Section 25. (1) A submitter who has undertaken the
initiative to organise the collection of signatures for the
initiation of the local government referendum shall send a
statement to the e-service holder that electronic collection of
signatures for the initiation of the local government referendum
has been commenced. The notification shall specify:
1) the local government in which the collection of signatures
for the initiation of the local government referendum has been
commenced;
2) the issue on which the collection of signatures for the
initiation of the local government referendum has been
commenced;
3) if necessary, other information in order to raise the
awareness of voters of the issue on which the local government
referendum has been initiated.
(2) The e-service holder shall post the notification in the
portal www.latvija.lv on the third working day following the
receipt thereof.
Section 26. (1) After the end of the collection of
signatures, the e-service holder shall deny access to the
specific collection of signatures in the portal
www.latvija.lv.
(2) The holder of the e-service shall, within three working
days, inform the submitter who has undertaken the initiative to
organise the collection of signatures for the initiation of the
local government referendum of the number of signatures.
Section 27. The election commission shall examine the
electronically collected signatures for the initiation of the
local government referendum and count them in accordance with the
procedures laid down in Section 13, Paragraph one of this
Law.
Section 28. The e-service holder and the election
commission shall ensure the storage and destruction of the
results of the initiation of the local government referendum in
accordance with the requirements of legal acts.
Chapter V
Voting in Registration Envelopes
Section 29. (1) If it is not possible to ascertain that
the information on the person is included in the electoral
register and that there is no notation already regarding the
participation of this person in the referendum, the person shall
be entered in a separate electoral roll and a ballot paper, with
a ballot envelope stamped with the seal of the polling station
commission, and a registration envelope on which the polling
station commission has indicated the given name, surname, and
order number of the person in the electoral roll shall be issued
thereto.
(2) A voter shall, on his or her own, carry out the activities
specified in Section 17 of this Law, place the folded ballot
paper in the ballot envelope which shall be placed in the
registration envelope after being sealed. The registration
envelope shall be sealed and handed over to the polling station
commission which shall stamp it with the seal of the relevant
commission and throw it in a sealed ballot box.
(3) When it is possible to ascertain again that the
information on the person is included in the electoral register
and that no notation has already been made there regarding the
participation of the person in the referendum, the polling
station commission shall, without interfering with the voting
process, verify this information in accordance with the separate
electoral rolls, shall make a notation in the electoral register
regarding the participation of the voter in the referendum, and
shall mark in the electoral roll whether the vote of the person
is countable.
(4) After the end of the voting, the polling station
commission shall open the ballot boxes and sort the registration
envelopes into two groups - valid and invalid envelopes. The
registration envelope shall be invalid if:
1) the given name, surname, and order number of the voter in
the electoral roll have not been indicated on it;
2) it has not been stamped with the seal of the relevant
polling station commission;
3) the relevant person cannot be found in the electoral
register;
4) according to the information in the electoral register, the
relevant person has already voted.
(5) The invalid registration envelopes shall be counted and
packaged unopened. The polling station commission shall open the
valid registration envelopes, ascertain that they contain valid
ballot envelopes stamped with the seal of the polling station
commission, open them, and count the votes as specified in
Section 20 of this Law.
Section 30. If it is not possible to ascertain during
the voting at the location of a voter that the information on the
person is included in the electoral register and that there is no
notation regarding the participation of the person in the
referendum, it shall be done by contacting the polling station.
If it is not possible, the voting shall take place, using
registration envelopes pre-stamped with the stamp of the polling
station commission, in accordance with the procedures laid down
in Section 29 of this Law.
Chapter
VI
Examination of Applications at the Regional Administrative
Court
Section 31. (1) Applications for the decisions referred
to in Section 10, Paragraph four, Clause 2, Section 13, Paragraph
six, and Section 20, Paragraph seven of this Law shall be
examined by the Regional Administrative Court within 30 days from
the date of receipt of the application.
(2) The court shall examine the case as a court of first
instance. The case shall be examined in the composition of three
judges.
(3) If the law determines a time limit for the performance of
a procedural action, but, in performing the relevant procedural
action within this time limit, the conditions of Paragraph one of
this Section would not be complied with, the court itself shall
determine an appropriate time limit for the performance of the
relevant procedural action.
(4) A court ruling and also other decisions which are taken by
the court when performing procedural actions for the examination
of the application submitted or the case initiated may not be
appealed.
Transitional
Provision
The Cabinet shall, by 1 July 2022, submit a draft law to the
Saeima regarding amendments to the Electoral Register Law
which are necessary to ensure the functioning of the electoral
register in the local government referendum.
The Law shall come into force on 1 January 2024.
The Law has been adopted by the Saeima on 17 March
2022.
President E. Levits
Rīga, 30 March 2022
1The Parliament of the Republic of
Latvia
Translation © 2024 Valsts valodas centrs (State
Language Centre)
