Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
19 June 1998 [shall come
into force on 22 July 1998];
2 November 2000 [shall come into force on 29 November
2000];
13 June 2002 [shall come into force on 17 July
2002];
29 January 2004 [shall come into force on 12 February
2004];
14 September 2006 [shall come into force on 22 September
2006];
13 November 2008 [shall come into force on 29 November
2008];
13 December 2012 [shall come into force on 11 January
2013];
16 February 2017 [shall come into force on 17 March
2017];
17 May 2018 [shall come into force on 13 June
2018];
20 December 2018 [shall come into force on 11 January
2019];
17 June 2020 [shall come into force on 15 January
2021].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
Law on Local Government Election
Commissions and Polling Station Commissions
[17 June 2020]
Chapter I
General Provisions
Section 1. (1) For the preparation of the
Saeima, the European Parliament and local government
council (hereinafter - the council) elections and also national
referendums, each city and municipality shall establish from its
voters respectively the city election commission or municipality
election commission (hereafter - the election commission)
consisting of 7-15 members. The number of members for the
election commission shall be determined by the relevant
council.
(2) For the organisation of elections and national
referendums, polling station commissions (hereinafter - the
polling station commissions) consisting from five to seven
members each shall be established in cities and municipalities
within the time limits specified by the Central Election
Commission.
(3) The number and location of polling stations shall be
approved by the Central Election Commission upon a proposal of a
local government council. The council shall display the notice on
the location of polling stations at the information centre of the
council, but the Central Election Commission shall publish the
list of polling stations in the official gazette Latvijas
Vēstnesis.
(4) In those local governments which have only one polling
station, the polling station commission shall not be established
and its duties shall be fulfilled by the election commission of
the relevant local government. In those local governments which
have two polling stations, duties of commission of one polling
station shall be fulfilled by the relevant election commission,
but the commission of the other polling station shall be
established in accordance with the procedures specified by the
Central Election Commission. In those local governments which
have three or more polling stations, polling station commissions
shall be established in accordance with the procedures specified
by the Central Election Commission, and the relevant election
commission shall not fulfil the duties of the polling station
commission.
(5) For holding the Saeima or the European Parliament
elections and national referendums, the Central Election
Commission may, in accordance with the conditions of election
laws, establish polling stations in foreign countries:
1) at diplomatic and consular missions of the Republic of
Latvia in foreign countries - upon a proposal of the Ministry of
Foreign Affairs;
2) on ships flying the Latvian flag that have been registered
in the Republic of Latvia - upon a proposal of the shipowner;
3) in other suitable places - upon a proposal of at least 36
voters.
(6) The election commission may establish one polling station
commission or several polling station commissions for organising
voting at the location of voters in accordance with the
procedures specified by the Central Election Commission.
[19 June 1998; 2 November 2000; 13 June 2002; 29 January
2004; 13 November 2008; 17 May 2018; 20 December 2018; 17 June
2020]
Section 1.1 (1) A proposal for the
establishment of polling stations in foreign countries must be
submitted to the Central Election Commission not earlier than 120
days and not later than 75 days before the elections or national
referendum. The Central Election Commission shall specify the
requirements for the drawing up of proposals and the information
to be indicated therein.
(2) The Central Election Commission shall establish polling
stations in foreign countries not later than 70 days before the
elections or national referendum and shall notify the decision
taken to the submitter of the proposal within five days after the
day when the decision was taken.
(3) Information regarding the polling stations established in
foreign countries shall be submitted by the Central Election
Commission to the Ministry of Foreign Affairs which shall inform
the countries where the polling stations will be located
thereof.
[20 December 2018]
Section 2. (1) The election commission shall operate as
an independent local government institution for the whole 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 composition of the election commission shall be
changed in accordance with the procedures laid down in this
Law.
(3) The polling station commissions shall operate in
accordance with the procedures specified by the Central Election
Commission.
[13 June 2002; 13 November 2008; 17 May 2018]
Section 3. (1) The activities of election commissions
and polling station commissions in preparing and holding the
Saeima or the European Parliament elections and national
referendums shall be financed from the state budget in accordance
with the procedures specified by the Central Election
Commission.
(2) The activities of election commissions and polling station
commissions in preparing and holding council elections shall be
financed from the budget of the relevant local government.
(21) If the Saeima or the European
Parliament elections and a national referendum takes place
concurrently with the regular council elections, remuneration for
the election commissions, polling station commissions and the
persons invited in accordance with the procedures specified by
the Central Election Commission shall be financed from the state
budget in accordance with the procedures specified by the Central
Election Commission, but all the expenditure for the acquisition
of all the goods and services necessary to ensure activities of
election commissions and expenditure for the maintenance of
premises shall be financed from the local government budget.
(3) [19 June 1998]
(4) [19 June 1998]
(5) The material assets necessary for organising elections
(voting) shall become the property of the local government. The
premises needed for organising elections (voting) that are owned
(possessed) by the State or local government shall be allocated
free of charge.
[19 June 1998; 2 November 2000; 13 June 2002; 29 January
2004; 13 November 2008; 13 December 2012; 17 June 2020]
Section 4. (1) Each election commission shall have its
own seal bearing the supplemented lesser State coat of arms and
the name of the relevant commission.
(2) Samples of polling station commission seals and procedures
for their use shall be specified by the Central Election
Commission.
Chapter II
Establishment of the Election Commissions and Polling Station
Commissions and Changing Their Composition
Section 5. (1) The chairperson and other members of the
election commission shall be elected by the relevant local
government council within three months after election of the
council or one month after formation of the council.
(2) The polling station commission shall be established by the
election commission in accordance with the procedures specified
by the Central Election Commission.
(3) Polling station commissions in foreign countries shall be
approved and their numerical composition shall be determined by
the Central Election Commission upon a proposal of the Ministry
of Foreign Affairs, shipowner or voters respectively. Polling
station commissions in foreign countries shall be formed from
citizens of the Republic of Latvia, and it may not consist of
less than three and more than seven members.
(4) For the European Parliament elections in foreign
countries, the Central Election Commission shall appoint the
polling station commission for postal voting and determine its
numerical composition according to the minimum and maximum number
of polling station commission members specified in Paragraph
three of this Section.
(5) [20 December 2018]
[19 June 1998; 2 November 2000; 29 January 2004; 13
November 2008; 17 May 2018; 20 December 2018; 17 June
2020]
Section 6. (1) Election commissions and polling station
commissions shall be formed from citizens of Latvia who are
proficient in the Latvian language and who have at least the
general secondary education.
(2) A member of the Saeima or a councillor of the
respective local government council may not be a member of the
election commission or polling station commission.
(3) A person who has been nominated as a candidate or is the
submitter of a list of candidates may not be a member of the
polling station commission.
(4) One person may not be in several commissions, except in
the cases laid down in Paragraph four of Section 1.
(5) Chairpersons, secretaries and members of election
commissions and polling station commissions shall not be regarded
as public officials within the meaning of the law On Prevention
of Conflict of Interest in Activities of Public Officials.
[19 June 1998; 2 November 2000; 13 June 2002; 29 January
2004; 13 November 2008; 17 June 2020]
Section 7. (1) The permanently functioning central
governing bodies of registered political parties or their
alliances, and also each councillor of the respective council or
not less than 10 Latvian citizens with voting rights (hereinafter
- the group of voters) shall have the right to nominate and apply
their representatives for the election commission.
(2) The number of candidates nominated or applied by each
political party, alliance of political parties, councillor or
group of voters may not exceed the number of members to be
elected in the relevant election commission.
[13 November 2008 / The new wording of Section shall
come into force on 1 July 2009. See the provision laying
down the time when the Law of 13 November 2008 comes into
force]
Section 8. (1) The application must indicate the given
name, surname, personal identity number, address of the place of
residence, workplace and profession (occupation) of the candidate
for the position of the member of the election commission, and
also information regarding previous participation in the
preparation and holding of elections. Each application must be
accompanied by a written statement of each candidate that they
agree to the nomination of their candidacy and processing of
their personal data that must be conducted in accordance with the
requirements of this Law.
(2) If a candidate is nominated by the group of voters, the
application must be signed by each voter, indicating their given
name, surname, personal identity number and address of the place
of residence.
(3) If a candidate is nominated by a political party or an
alliance of political parties, the application shall be
accompanied by an excerpt from the decision of the permanently
functioning central governing body.
[13 June 2002; 13 November 2008 / The new wording of
Paragraph three shall come into force on 1 July 2009. See
the provision laying down the time when the Law of 13 November
2008 comes into force]
Section 9. The deadline for the nomination of
candidates for the position of a member of the election
commission shall be determined by the relevant council. A city
council shall publish a corresponding announcement in the
official gazette Latvijas Vēstnesis, whereas a
municipality council shall display it in a visible place by the
building of the council and town or rural territory
administration.
[13 November 2008; 17 May 2018; 17 June 2020]
Section 10. (1) The council shall verify that the
nominated candidate meets the requirements laid down by the Law
(Section 6).
(2) Each candidate shall be put to an individual vote. Those
candidates who have received the majority of votes, but not less
than the number of votes necessary for taking a decision, shall
be regarded as elected.
(3) Those candidates who have received the qualifying number
of votes but do not get into the election commission shall be
included in the list of candidates for the position of the member
of the election commission.
(4) The council shall issue to the members of the election
commission or polling station commission certificates of a form
approved by the Central Election Commission.
(5) The council shall, within five working days after the
election commission has been elected, notify the Central Election
Commission of the establishment and composition of the election
commission. The notice must include information that has been
provided regarding each member of the commission in the
application (Paragraph one of Section 8).
[13 June 2002; 29 January 2004; 13 November 2008]
Section 11. (1) A member of the election commission may
terminate his or her participation in the commission by
submitting an application thereon to the relevant local
government council.
(2) If a member of the election commission fails to fulfil his
or her duties, fulfils them negligently or commits offences, or
the circumstances referred to in Section 6 of this Law are
established and restrict his or her right to be elected, this
member of the election commission can be recalled upon a proposal
of the Central Election Commission, relevant election commission
or its chairperson.
(3) Decision on the recalling of a member of the election
commission shall be taken by the council which established the
relevant commission. If the proposal for the recalling of a
member of the election commission has been received after
elections or a national referendum has been announced, the
chairperson of the council shall convene a council meeting within
three days.
(4) If a member of the election commission has terminated his
or her participation in the commission or has been recalled
therefrom, the council shall decide on the invitation of a
candidate to the position of the member of the commission or
announcement of a new deadline for the nomination of candidates
for the position of a member of election commission. If a member
of the election commission has suspended his or her participation
in the commission, the issue on his or her replacement with a
candidate to the position of the member of the election
commission shall be decided by the council.
[19 June 1998; 2 November 2000; 29 January 2004; 13
November 2008; 17 June 2020]
Chapter III
Organisation of the Operation of the Election Commission and
Polling Station Commission
Section 12. (1) [17 May 2018]
(2) At the first meeting, the election commission shall elect
the commission secretary from among its members.
[13 November 2008; 17 May 2018]
Section 13. (1) Election commissions and polling
station commissions shall begin and end their activities in the
preparation and holding of elections or national referendums in
accordance with the procedures specified by the Central Election
Commission.
(2) [19 June 1998]
[19 June 1998; 13 June 2002]
Section 14. (1) The chairperson of the election
commission or polling station commission shall manage its work
and convene commission meetings.
(2) In the absence of the chairperson of the commission, his
or her duties shall be fulfilled by the secretary of the
commission, and in such case the duties of the secretary shall be
assigned by the commission to one of the members of the
commission.
Section 15. (1) Meetings of the election commission and
polling station commission shall be public.
(2) Journalists, persons authorised by registered political
parties and their alliances, and one of the submitters of the
list of candidates may be present at the meeting without
disturbing the work of the meeting. Voters may also be present in
a meeting of the election commission if they have received a
permission from the chairperson of the relevant election
commission.
(3) Members of the Central Election Commission or their
authorised persons have the right to participate in the meeting
of the election commission.
(4) Members of the Central Election Commission and members of
the relevant election commission, and persons authorised by such
commissions shall have the right to participate in the meeting of
the polling station commission.
[19 June 1998; 2 November 2000; 29 January 2004; 13
November 2008; 17 June 2020]
Section 16. The election commission and polling station
commission shall take decisions by open ballot. A decision shall
be taken if the majority of members of the commission votes
"for". In the event of a tied vote, the chairperson of the
commission shall cast the deciding vote. The member of the
commission who does not agree with the decision is entitled to
append in writing his or her differing opinion to the minutes of
the meeting.
Section 17. (1) Minutes of the meeting shall be taken
in a meeting of the election commission and polling station
commission and shall be signed by the chairperson and secretary
of the commission. Decisions of the commission shall be included
in the minutes of the meeting.
(2) Documents relating to the issue to be examined
(complaints, deeds, statements, sample ballot papers etc.) shall
be appended to the minutes of the meeting in accordance with the
order in which the issues were examined. Minutes of the meeting
shall be arranged in the file in chronological order.
(3) In council elections, a separate file shall be made for
each list of candidates. The list of candidates, documents
relating to the list as a whole (bank receipt, authorisation of
submitters) and afterwards all the documents relating to each
candidate (notices, returns etc.) in the same order as they are
included in the list shall be included in this file.
(4) The abovementioned documents shall be transferred to the
record-keeping of the local government which prepares them and
transfers to the archive for permanent storage.
[19 June 1998; 13 November 2008]
Section 18. (1) The chairperson of the election
commission and polling station commission shall:
1) represent the commission in the State and local government
institutions, and also in relations with legal and natural
persons;
2) meet with voters regarding matters that are related to the
operation of the relevant commission;
3) handle the funds and material assets allocated to the
commission;
4) inform a higher-level election commission and the relevant
local government of its operations;
5) fulfil other obligations related to elections or national
referendums.
(2) The chairperson of the election commission and polling
station commission shall be responsible for the overall work of
the commission but especially for the accurate tallying of votes
and preservation of the material assets transferred at the
disposal of the relevant commission.
Section 19. (1) The secretary of the election
commission and polling station commission shall take minutes of
the meetings and keep the rest of the commission's
documentation.
(2) In the absence of the secretary of the commission, his or
her duties shall be fulfilled by a member of the commission in
accordance with the decision of the commission.
(3) The secretary of the commission shall be responsible for
the correct handling and storage of documents until they are
transferred to the record-keeping of the local government.
Section 20. (1) Members of the election commission
shall have the right to initiate examination of a matter in the
commission meeting, participate in the discussion of matters to
be examined, and to inspect the operation of the relevant polling
station commission under an order of the chairperson of the
election commission.
(2) If a member of the election commission is nominated as a
candidate for the position of a member of the parliament or
councillor or is the submitter of the list of candidates, his or
her participation in the commission must be suspended, i.e. he or
she has no right to participate in the operation of the election
commission starting from the day when the list of candidates is
submitted.
(3) A member of the election commission or polling station
commission shall be held liable for the offences related to
participation in the election commission or polling station
commission in accordance with the law.
[19 June 1998; 29 January 2004]
Section 21. (1) The chairperson, secretary and other
members of the election commission or polling station commission
shall, at the time when they fulfil the duties related to
elections, be exempt from duties in their principal place of
employment, maintaining their position (place of employment).
(2) The chairperson, secretary and other members of the
election commission or polling station commission shall receive
remuneration for the time when they fulfil their duties in the
commission.
(3) The amount of remuneration for the chairperson, secretary
and members of the election commission and polling station
commission in the preparation of the Saeima and the
European Parliament elections and national referendums shall be
determined by the Central Election Commission in accordance with
the Cabinet regulations, but in other cases - the relevant
council.
(31) If the Saeima or the European
Parliament elections or a national referendum takes places
concurrently with the regular local government elections, the
amount of remuneration for the chairperson, secretary and members
of the election commission and polling station commission for the
work in preparation of council elections shall be determined by
the Central Election Commission in accordance with the Cabinet
regulations.
(32) The Cabinet shall review the Cabinet
regulations referred to in Paragraph three of this Section for
the determination of the amount of remuneration for the
chairperson, secretary and members of the election commission and
polling station commission every four years in the calendar year
before the regular Saeima elections, taking into
consideration the amount of the average work remuneration of the
persons employed in the country in the year before last and the
national economic development that has been published in the
official statistical report of the Central Statistical
Bureau.
(4) Resources that are necessary to ensure continuous work of
the members of election commissions and polling station
commissions during the voting process and counting of votes shall
be included in the estimate of the economic expenditure of
election commissions in accordance with the procedures laid down
by the Central Election Commission. Catering expenditure for the
members of election commissions and polling station commissions
shall be compensated in the amount laid down by the Cabinet.
[13 June 2002; 29 January 2004; 13 November 2008; 13
December 2012; 16 February 2017]
Section 22. (1) To ensure the voting process and
counting of votes, the election commission may invite civil
servants of the State civil service and other specialists from
among the voters. The chairperson of the relevant election
commission shall enter into an agreement with such persons which
shall lay down their rights and obligations, and also
remuneration within the scope of the funds provided for in the
estimate.
(2) If necessary, the persons referred to in Paragraph one of
this Section may be assigned to fulfil duties of a member of the
polling station commission, except for participation in the
commission's decision-making process and substitution of the
chairperson or secretary of the commission. The amount of
remuneration for such persons shall be equivalent to the amount
of remuneration of a member of the polling station commission
which is laid down in Section 21, Paragraphs three and
3.1 of this Law, and the catering expenditure for the
members of the polling station commission shall be compensated in
the amount laid down by the Cabinet.
[14 September 2006; 17 May 2018]
Chapter IV
Competence of the Election Commission
Section 23. (1) Election commissions shall ensure the
preparation and holding of the Saeima, the European
Parliament and relevant council elections, and - in the cases
provided for in the Law - national referendums.
(2) The election commission as a body governed by public law
may only perform such operations which are provided for in the
Law and other legal acts.
(3) Election commissions shall fulfil the duties laid
down:
1) in this Law;
2) Law on the Election of the Saeima;
21) Election to the European Parliament Law;
3) Law on the Election of Local Government Councils;
4) law On National Referendums and Legislative
Initiations;
5) [19 June 1998];
6) instructions of the Central Election Commission.
(4) The decisions and orders of the Central Election
Commission shall be mandatory for election commissions.
[19 June 1998; 2 November 2000; 29 January 2004; 13
November 2008; 17 June 2020]
Section 24. (1) In the preparation of the Saeima
and the European Parliament elections, election commissions
shall:
1) examine the matters related to the preparation and holding
of elections in the relevant administrative territory;
2) control that polling premises meeting the requirements
conforming to the Law would be arranged in all polling
stations;
3) provide assistance in ensuring all polling station
commissions with means of transportation and communication, and
other technical means and security;
4) deliver to polling station commissions the lists of
nominated candidates, ballot papers, envelopes and other election
materials;
5) [29 January 2004];
6) in relation to the received complaints or upon their own
initiative, examine election results in separate polling
stations;
7) inform voters of the election procedures;
8) examine complaints and applications regarding the decisions
and operation of the relevant election commissions (polling
station commissions);
81) after completion of elections, in accordance
with the procedures specified by the Central Election Commission,
receive from polling station commissions the vote counting
reports and other materials, examine minutes of polling station
commissions and deliver those to the Central Election
Commission;
82) provide to the Central Election Commission a
report of specific form on the use of funds;
9) fulfil other duties related to the relevant elections.
(2) [13 November 2008]
[13 June 2002; 29 January 2004; 13 November 2008 /
Clauses 8.1 and 8.2 of Paragraph one
shall come into force and Paragraph two shall lose force on 1
July 2009. See the norm laying down the time when the Law
of 13 November2008 comes into force]
Section 25. (1) The election commission shall, in
accordance with the Law on the Election of Local Government
Councils and the procedures specified by the Central Election
Commission:
1) accept, register and publish lists of candidates for
members and councillors in accordance with the procedures
provided for in laws and regulations;
2) approve content of ballot papers, ensure production of
ballot papers and their delivery to polling station
commissions;
3) determine the polling station in which voting takes places
before the general election day;
4) control work of polling station commissions and provide
assistance to these commissions in ensuring them with means of
transportation and communications, other technical means and
security;
5) in relation to the received complaints or upon its own
initiative, examine voting results in separate polling
stations;
6) inform voters of the election procedures;
7) examine complaints and applications related to the
elections;
8) have the right to examine any matter related to the
preparation and holding of elections;
9) after completion of elections, receive from station
commissions the vote counting reports and other materials,
examine minutes of polling station commissions, tally election
results;
10) approve election results, determine the number of elected
councillors, and publish the results of elections that have taken
place in accordance with the procedures laid down in laws and
regulations;
11) send its decision on the approval of election results to
the Central Election Commission together with minutes of the
election commission;
12) fulfil other duties related to council elections;
13) [17 June 2020].
(2) [13 November 2008]
[19 June 1998; 2 November 2000; 13 June 2002; 29 January
2004; 13 November 2008; 17 June 2020]
Section 26. In accordance with the law On National
Referendums and Legislative Initiations, if not less than 10 000
citizens of Latvia with the voting right have proposed to the
Central Election Commission a fully drawn-up draft law or draft
amendments to the Constitution, and also in cases when the
President has suspended the publication of a law, election
commissions shall, in accordance with the procedures laid down by
the Central Election Commission:
1) provide the possibility for voters to sign the signature
sheets and send them to the Central Election Commission;
2) provide to the Central Election Commission a report of
specific form on the use of funds;
3) fulfil other duties related to national referendums and
legislative initiations.
[13 November 2008; 17 June 2020]
Section 27.
[19 June 1998]
Chapter V
Operation of Polling Station Commissions
Section 28. (1) During the preparation of elections or
national referendums, the polling station commission shall:
1) ensure that polling premises would be arranged and equipped
with all the equipment required for a secret ballot;
2) in accordance with laws, provide the possibility for voters
to get acquainted with the lists of candidates, samples of ballot
papers and other election documents provided for in the Law;
3) ensure the keeping of ballot papers until the day of
elections (referendum).
[19 June 1998]
Section 29. On the day of elections (referendum), the
polling station commission shall ensure free and unhindered
voting process in accordance with the procedures laid down by the
Law and the Central Election Commission and examine the
complaints and protests submitted by the voters.
Section 30. The polling station commission shall make a
report on the course of the elections (referendum) indicating
therein all incidents and disturbances, and also complaints and
protests of the voters and decisions taken in relation to
them.
Section 31. After closing of polling stations, the
polling station commission shall, in accordance with the
procedures specified by the Central Election Commission, ensure
counting of the given votes and deliver the vote counting report
to the election commission together with other materials.
[13 November 2008; 17 June 2020]
Chapter VI
Contestation and Appeal of the Decisions of Election Commissions
or Polling Station Commissions
[14 September 2006]
Section 32. A decision of the election commission or
polling station commission may be contested to the Central
Election Commission in accordance with the procedures laid down
by the law. The decision of the Central Election Commission on
the decision of the election commission or polling station
commission may be appealed to a court in accordance with the
procedures laid down by the law.
[14 September 2006]
Section 33. The decisions referred to in Section 32 of
this Law may be contested and appealed by:
1) in elections - submitters of the lists of candidates and
the nominated candidates;
2) in national referendums on a draft law or draft amendments
to the Constitution - the person who has submitted to the Central
Election Commission a fully drawn-up draft law or draft
amendments to the Constitution that have been signed by at least
10 000 Latvian citizens with the voting right;
3) in national referendums on the dissolution of the
Saeima - at least one third of the members of the
Saeima;
4) [19 June 1998].
[19 June 1998; 29 January 2004; 14 September 2006]
Section 34.
[29 January 2004]
Transitional Provision
Persons who are members of the city or municipality election
commission that has been established after the local government
elections of 2017 may also be elected to the municipality
election commission which shall be established for the local
government elections that are intended in 2021.
[17 June 2020]
The Law has been adopted by the Saeima on 10 May
1995.
President G. Ulmanis
Rīga, 19 May 1995
1 The Parliament of the Republic of
Latvia
Translation © 2021 Valsts valodas centrs (State
Language Centre)