The Saeima1 has adopted
and the President has proclaimed the following Law:
On National Referendum,
Legislative Initiative and European Citizens' Initiative
[20 September
2012, 11 October 2012]
Chapter I
GENERAL PROVISIONS
Section 1.
A national referendum shall be arranged, if:
1) the Saeima has amended Section 1, 2, 3, 4, 6 or 77
of the Constitution;
2) the President has initiated the dissolution of the
Saeima;
3) the President has suspended the publication of a law for a
time period of two months and during the period of these two
months a request of at least one tenth of voters has been
received to pass the suspended law for a national referendum;
4) the Saeima has not adopted without amendments to the
content a draft law or draft amendments to the Constitution
lodged by at least one tenth of voters;
5) the issue on participation of Latvia in the European Union
is on the agenda;
6) the issue on material changes in the conditions on
participation of Latvia in the European Union is on the agenda
and it is requested by at least one half of the members of the
Saeima;
7) at least one tenth of voters has initiated the revocation
of the Saeima.
[8 May 2003; 8 November 2012]
Section 1.1
This Law also governs the European citizens' initiative
insofar as not stipulated otherwise in Regulation (EU) No
211/2011 of the European Parliament and of the Council of 16
February 2011 on the citizens' initiative.
[20 September 2012]
Section 2.
All citizens of Latvia who have the right to elect the
Saeima are entitled to participate at a national
referendum and legislative initiatives.
Section 3.
(1) A national referendum in accordance with the procedures
stipulated by the law shall be prepared and conducted by the
Central Election Commission, which shall also issue the necessary
instructions.
(2) [8 November 2012]
[8 November 2012]
Chapter II
ORGANISATION OF A NATIONAL REFERENDUM
Section 4.
(1) For the law adopted by the Saeima on amendments to
Section 1, 2, 3, 4, 6 or 77 of the Constitution to come into
legal force, it shall be passed for a national referendum.
(2) A national referendum on such law adopted by the
Saeima shall be arranged not earlier than one month and
not later than two months after adopting the law in the
Saeima.
[8 May 2003]
Section 5.
(1) If the President has initiated the dissolution of the
Saeima, he shall notify the Central Election Commission
thereof.
(2) A national referendum upon such initiative of the
President shall be arranged not earlier than one month and not
later than two months after announcement of the initiative to the
Central Election Commission.
Section 6.
(1) If the President has suspended the publication of a law,
he shall notify the text of the suspended law and the decision to
suspend the publication of the law not later than on the
11th day counting from the adoption of the law in the
Saeima, in accordance with the procedures for the
proclamation of laws.
(2) After such notification the Central Election Commission
shall notify all election commissions of cities and
municipalities that collection of signatures for initiation of a
national referendum is being commenced, and shall deliver the
signature collection sheets to them.
[8 May 2003; 21 February 2008; 17
July 2008]
Section 7.
(1) The Central Election Commission shall set a term of thirty
days when the signature collection sheets where voters may sign
are available in the venues designated by each city or
municipality council. Such days shall be determined in sequence,
excluding from the term the days of the Saeima elections,
elections of the European Parliament, city or municipality
council elections or a national referendum, and when the
collection of signatures for a national referendum is not
permissible.
(2) The venues where voters may sign shall be arranged in each
city or municipality, in such a way that there would be at least
one venue per 10 000 voters where voters may sign.
(3) [8 November 2012]
(4) Not later than three days before the beginning of the term
for collection of signatures referred to in Paragraph one of this
Section, the election commissions of cities and municipalities
shall determine their working hours, when voters in the venues
designated by the respective council would be able to sign the
signature collection sheets. The working hours shall be not less
than four hours a day, also on Saturdays, Sundays and public
holidays.
(5) The respective council shall ensure that notifications on
venues and time of collection of signatures are placed at the
respective council building (or at the information centres) and
at the venues of collection of signatures, as well as published
in the newspaper issued by the local government, but in the
absence of any - in another local newspaper.
(6) The voters who stay abroad during collection of signatures
may sign the signature collection sheets in the embassies,
general consulates and consular offices of the Republic of
Latvia. The venues and time of collection of signatures shall be
determined by the head of the respective representation.
[26 July 1995; 8 May 2003; 6 April
2006; 21 February 2008; 17 July 2008; 8 November 2012]
Section 7.1
(1) If a voter wishes to sign the signature collection sheet,
but is not able to arrive at the venue of collection of
signatures due to the state of health, the election commission,
on the basis of a written submission of such voter or his
authorised person, shall arrange the collection of signatures at
the location of the voter. The submission shall be delivered to
the respective election commission or signature collector not
later than at 12.00 o'clock on the 29th day of the
collection of signatures (during the working hours determined by
the election commission). Submissions shall be registered in a
special log. The election commission shall arrange the collection
of signatures at the locations of voters on the final day of the
collection of signatures.
(2) For the suspects, the accused or persons on trial, subject
to imposition of imprisonment as the means of security, the
voting shall be arranged in accordance with the procedures
stipulated in Paragraph one of this Section. The submissions of
such voters shall be delivered to the respective election
commission by the administration of the institution.
[21 February 2008]
Section 8.
(1) The signature collection sheets according to the entry in
the passport of a citizen of Latvia shall specify the given name,
surname, personal identity number and the date when each
signatory signed the initiative of a national referendum.
(2) If a physical handicap prevents a voter from signing the
signature collection sheet himself, his family member or any
other person whom the voter trusts shall sign in the list in the
presence of such voter, upon his oral instruction. A relevant
note shall be made in the list regarding this.
[8 May 2003; 21 February 2008]
Section 9.
(1) Signature collection sheets shall be closed by the seal
and signature of the chairperson of the election commission of
the respective city or municipality, confirming that the
collection of signatures has taken place in accordance with the
procedures stipulated in law.
(2) Upon expiry of the term for collection of signatures
determined by the Central Election Commission, the election
commissions of cities and municipalities shall send the signature
collection sheets to the Central Election Commission in
accordance with the procedures determined thereby.
[17 July 2008]
Section 10.
(1) The Central Election Commission upon expiry of the term
for collection of signatures shall count the signatures, detect
the result, report it to the President and publish it in the
official gazette Latvijas Vēstnesis. If the initiative of
a national referendum has been signed by at least one tenth of
the number of the citizens of Latvia with the voting rights at
the last Saeima elections, the Central Election Commission
shall proclaim a national referendum within three days.
(2) A national referendum on the cancellation of the suspended
law shall be arranged not earlier than one month and not later
than two months after the date of proclamation thereof.
[8 May 2003; 8 November 2012]
Section 11.
(1) If the Saeima has not adopted the draft law or
draft amendments to the Constitution lodged by at least one tenth
of voters without amendments to the content, such draft law or
draft amendments to the Constitution lodged by voters shall be
passed for a national referendum.
(2) A national referendum on the draft law or draft amendments
to the Constitution lodged by voters shall be arranged not
earlier than one month and not later than two months after the
Saeima has rejected the draft law or draft amendments to
the Constitution lodged by voters or adopted it with amendments
to the content.
(3) The issue on participation of Latvia in the European Union
shall be resolved by a national referendum.
(4) The Saeima shall initiate a national referendum on
material changes in the conditions on participation of Latvia in
the European Union, if it is requested by at least one half of
the members of the Saeima.
(5) A national referendum shall be arranged, if in accordance
with the procedures stipulated in Chapter IV.2 of this
Law at least one tenth of the voters has initiated the revocation
of the Saeima.
[8 May 2003; 8 November 2012 / See Paragraphs 2, 9,
11 and 12 of the Transitional Provisions]
Section 12.
(1) The date of a national referendum shall be determined and
notified by the Central Election Commission, except the cases
referred to in Section 11, Paragraphs one, three, four and five
of this Law, when it shall be determined and notified by the
Saeima.
(2) A national referendum shall be arranged on Saturday.
[8 May 2003; 8 November 2012]
Chapter III
VOTING AND COUNTING OF VOTES
Section 13.
(1) Voting shall take place by secret ballot, in accordance
with the procedures stipulated by the Central Election
Commission, with ballot papers.
(2) Ballot papers shall be prepared by the Central Election
Commission.
Section 14.
(1) The matter handed over for a national referendum (Section
1 of this Law), as well as the words "for" and "against" shall be
written on each ballot paper. Upon organising a national
referendum on the issues referred to in Section 1, Paragraphs
five and six of this Law, the wording of the relevant issue shall
be drafted by the Saeima.
(2) If a simultaneous national referendum takes place in
several cases referred to in Section 1 of this Law, the ballot
papers must be different.
[8 May 2003]
Section 15.
(1) Voting shall take place from 7.00 a.m. till 8.00 p.m.
local time. The Central Election Commission in each city, except
Riga, Daugavpils and Liepāja, as well as the local election
commission in each municipality may determine one polling
station, where the election shall take place till 10.00 p.m. Riga
City Election Commission may determine four, Daugavpils City
Election Commission - two and Liepāja City Election Commission -
two such polling stations.
(2) At 7.00 a.m. the chairperson or the secretary of the
election commission shall, in the presence of the commission,
verify that the ballot boxes, allotted for depositing ballot
papers, are empty. Afterwards the ballot boxes shall be
sealed.
(3) Without disturbing the work of the commission, the process
of voting in the polling station may be observed by not more than
two authorised observers from each political party or association
of political parties, as well as the members of the Central
Election Commission and election commission of the relevant city
or municipality and the authorised persons of such commissions,
mass media representatives.
[8 May 2003; 4 September 2003; 17
July 2008; 8 November 2012]
Section 16.
(1) Each voter shall cast a vote in person. If a physical
handicap prevents a voter from voting or signing the electoral
roll himself, the notes in the ballot paper shall be entered or
the electoral roll shall be signed by the family member of the
voter or any other person whom the voter trusts in the presence
of the voter, upon his oral instruction. A relevant note shall be
made in the electoral roll regarding this. Such person may not be
a member of the relevant polling station commission.
(2) The voter shall be free to cast his vote at any polling
station.
(3) On the day of voting, soldiers shall be given a leave of
absence for the time required for voting.
[3 September 1998]
Section 17.
(1) In the polling station premises the commission shall first
make sure that a person is a voter and his passport does not
contain the note on participation in the relevant national
referendum, shall issue the ballot paper to him or her sealed
with the seal of the respective commission of the polling
station. After the ballot paper has been issued, the voter's
given name, surname and personal identity number shall be written
in the electoral roll, and the voter's passport shall be stamped
indicating that he has participated in the national referendum.
The voter shall sign the electoral list confirming the receipt of
the ballot paper.
(2) A separate room or compartment shall be provided inside
the polling station for the voter to make his choice in privacy,
upon in own choice, putting the mark "+" opposite the desirable
answer "for" or "against".
(3) When the voter has entered the necessary marks in the
ballot paper, he shall the ballot paper and insert it into the
ballot box in presence of the member of the polling station
commission.
(4) On the polling day after 8.00 p.m. the ballot papers may
be placed only by those voters who were in the election premises
prior to 8.00 p.m. After that the election premises shall be
closed.
[3 September 1998; 8 May 2003; 18
September 2003; 8 November 2012]
Section 18.
(1) If separate voters due their state of health are unable to
come to the election premises, the polling station commission
shall, on the basis of a written submission from such voters or
their authorised person, to be registered in a special log,
arrange voting at the location of such voter, ensuring a secret
ballot. Specially authorised observers are entitled to supervise
such voting.
(2) Voting at the location of voters shall be arranged also
for the carers of the persons referred to in Paragraph one of
this Section if they lodge in good time a written submission
regarding voting at their location.
(3) [26 February 2009]
(4) Voting of other voters outside the election premises shall
not be permissible.
(5) The polling station commission on the polling day shall
continue to accept written submissions regarding voting at the
location of the voter. Submissions accepted after 12.00 noon
shall be satisfied by the polling station commission if it is
possible to arrive at the location of voters until 10.00 p.m.
(6) Voters who in accordance with Paragraphs one, two and
three of this Section vote at their location shall be entered in
a separate electoral roll and the ballot papers shall be inserted
in a separate sealed box.
(7) Data on ballot papers issued for voting at the location of
voters and left over, including damaged papers, shall be entered
in the minutes of the election procedures.
[8 May 2003; 18 September 2003; 26
February 2009]
Section 19.
(1) [8 May 2003]
(2) Votes shall be counted in an open sitting of the polling
station commission in accordance with the procedures stipulated
by the Central Election Commission.
[3 September 1998; 8 May 2003]
Section 20.
(1) Voters who are abroad during the voting, shall vote in the
polling stations established by the Central Election Commission,
upon proposal of the Ministry of Foreign Affairs in the
diplomatic and consular representations of the Republic of
Latvia, or by post. Upon co-ordination with the Ministry of
Foreign Affairs, the Central Election Commission may establish
polling stations also in other premises suitable for that
purpose.
(2) If a national referendum is held simultaneously with the
Saeima elections or the elections to the European
Parliament, voting abroad shall take place in all polling
stations set up in accordance with the statutory procedure.
(3) Voters who are abroad during the voting may also vote by
post. Voting by post shall take place in accordance with the
procedures stipulated the Law On Election to the
Saeima.
(4) For persons who are applied detention as the means of
security or who serve a sentence related to deprivation of
liberty, voting shall be conducted in accordance with the
procedures stipulated in the Law On Election to the
Saeima.
[3 September 1998; 8 May 2003; 6
April 2006; 26 February 2009]
Section 20.1
(1) The following shall be deemed as invalid:
1) torn ballot papers;
2) ballot papers, which are not sealed with the stamp of the
relevant polling station commission;
3) ballot papers, where both the answers "for" and "against"
are marked;
4) ballot papers, where neither the answer "for", not the
answer "against" is marked.
(2) The polling station commission shall resolve the
disagreements regarding the validity of ballot papers by majority
vote. In the event of a tied vote, the vote of the chairperson of
the commission shall prevail.
[3 September 1998]
Section 21.
During the election, the chairperson of the polling station
commission shall supervise the order in the electoral premises.
He shall ascertain that restrictions of freedom to election and
disturbances to order, as well as canvassing do not occur in the
election premises and closer than 50 metres from the entrance to
the building where the polling station is located.
[8 May 2003]
Chapter IV
LEGISLATIVE INITIATIVE
Section 22.
Not less than 10 000 citizens of Latvia with the voting rights
have the right to lodge a fully drawn-up draft law or draft
amendments to the Constitution to the Central Election
Commission, indicating their given name, surname and personal
identity number. Each signature must be certified by a sworn
notary or at the local government institution carrying out
notarial activities, not earlier than 12 months before lodging
the draft law or draft amendments to the Constitution to the
Central Election Commission.
[8 May 2003; 6 April 2006]
Section 23.
(1) An initiative group shall be set up to collect signatures
in support of a draft law or draft amendments to the
Constitution.
(2) The initiative group may consist of:
1) a political party or association of political parties;
2) an association of at least 10 voters, set up and registered
in accordance with the procedures stipulated in the Associations
and Foundations Law.
(3) The initiative group shall lodge to the Central Election
Commission a submission and the draft law or draft amendments to
the Constitution in support of which collection of signatures is
planned.
(4) The Central Election Commission shall take one of the
following decisions within 45 days:
1) to register the draft law or draft amendments to the
Constitution;
2) to set a term for elimination of any flaws detected in the
submission and the draft law of draft amendments to the
Constitution;
3) to refuse registration of the draft law or draft amendments
to the Constitutions in the cases referred to in Paragraph five
of this Section.
(5) The Central Election Commission shall refuse registration
of the draft law or draft amendments to the Constitution, if:
1) the initiative group does not conform to the requirements
of Paragraph one of this Section;
2) the draft law or draft amendments to the Constitution are
not fully drawn up in terms of the form or content.
(6) The Central Election Commission, when deciding on the
draft law or draft amendments to the Constitution submitted by
the initiative group, may request the data, explanations and
opinions necessary for resolving upon such issue from State and
local government institutions, as well as to invite experts.
[8 November 2012]
Section 23.1
(1) The initiative group may appeal the decision of the
Central Election Commission to refuse registration of the draft
law or draft amendments to the Constitutions to the Department of
Administrative Cases of the Senate of the Supreme Court.
(2) The court shall examine the matter as the court of first
instance. The matter shall be examined in the panel of three
judges.
(3) The court shall examine the matter and adopt an
adjudication within one month from the date of receipt of the
petition. If necessary, the court may extend the term for
adopting an adjudication, but not more than for one month.
(4) An applicant shall indicate the justification for the
petition. The burden of proof shall lie with the participants of
the administrative proceedings.
(5) If the law prescribes a time period for execution of any
procedural action, however, the conditions of Paragraph three of
this Section would not be conformed to in executing the
respective procedural action within such time period, the judge
(court) shall itself determine a corresponding time period for
execution of the relevant procedural action.
(6) The court adjudication, as well as other decisions taken
in performing procedural actions for examination of the submitted
petition or action brought, shall not be subject to appeal.
[8 November 2012]
Section 24.
(1) Collection of signatures shall take place in accordance
with the procedures stipulated in Sections 7 - 9 of this Law.
(2) Citizens who have signed the submitted draft law or draft
amendments to the Constitution in accordance with the procedures
stipulated in Section 22 of this Law shall be included in the
total number of the initiators of such law. If the referred-to
citizens have also signed in accordance with the procedures
stipulated in Paragraph one of this Section, their signatures
shall not be counted in the signature collection sheets.
(3) The Central Election Commission shall count the votes and
detect the result, afterwards, not later than within three days,
shall report them to the President and send him or her the draft
law or draft amendments to the Constitution submitted by
voters.
[26 July 1995]
Section 25.
(1) If the draft law or draft amendments to the Constitution
are signed by at least one tenth of the number of the citizens of
Latvia with voting rights in the previous Saeima
elections, the President shall submit such draft law and draft
amendments to the Constitution to the Saeima.
(2) The Saeima must review such draft law or draft
amendments to the Constitution during the session, in which it
was submitted. If the draft law or draft amendments to the
Constitution are submitted in-between sessions or at an
extraordinary session, it must be reviewed in the next regular
session, or in an extraordinary session convened especially for
the review of such draft law or draft amendments to the
Constitution.
Chapter
IV.1
European Citizens' Initiative
[20 September
2012]
Section 25.1
(1) If it is planned to collect statements in support for a
European citizens' initiative online, the arrangers shall lodge
an application to the Information Technology Security Incident
Response Institution, requesting to issue a certificate
confirming that the online system used for the referred-to
purpose conforms to the safety and technical parameters
stipulated in Regulation (EU) No 211/2011 of the European
Parliament and of the Council of 16 February 2011 on the
citizens' initiative.
(2) The Information Technology Security Incident Response
Institution shall review the application and, within one month,
issue a certificate or take a decision to refuse to issue a
certificate.
(3) The decision of the Information Technology Security
Incident Response Institution, by which it was refused to issue a
certificate on conformity of the online system with the safety
and technical parameters, may be appealed in a court in
accordance with the procedures stipulated in the Administrative
Procedure Law.
(4) This Section shall not apply to cases when the arrangers
have received a certificate of conformity of the online system
with the safety and technical parameters from the competent
authority of another Member State of the European Union.
Section 25.2
The arrangers shall submit the collected statements in support
in accordance with Regulation (EU) No 211/2011 of the European
Parliament and of the Council of 16 February 2011 on the
citizens' initiative to the Central Election Commission.
Section 25.3
(1) Within two months after receiving statements in support
from the arrangers, the Central Election Commission shall count
the votes, detect the result and send the certificate confirming
the number of valid statements to the arrangers to the electronic
mail address indicated in the form.
(2) If the Central Election Commission detects that the
verification of the received statements is outside its
jurisdiction, the Central Election Commission shall send the
statements in support back to the arranger within two weeks.
Section 25.4
The Central Election Commission shall draw up the necessary
instructions for verification of the statements in support.
Chapter V
Financing of Expenses of a National Referendum
[8 November
2012]
Section 26.
The expenses of a national referendum shall be covered by the
State. The Central Election Commission shall determine the
allocation of funds among city, municipality and polling
stations' commissions.
[17 July 2008]
Chapter VI
Campaigning before a National Referendum, Campaigning for a
Legislative Initiative and Campaigning for the Initiative to
Revoke the Saeima
[8 November 2012 / See
Paragraph 7 of the Transitional Provisions]
Section 27.
(1) Within the meaning of this Law, campaigning before a
national referendum, campaigning for a legislative initiative and
campaigning for the initiative to revoke the Saeima is an
arranged statement, measure or activity of any form and any type
whatsoever, if it includes a direct or indirect invitation to
vote for or against the issue to be decided within a national
referendum, as well as a direct or indirect invitation to
participate or not to participate in a national referendum,
collection of signatures on a legislative initiative or
collection of signatures for the initiative to revoke the
Saeima.
(2) Within the meaning of this Law the period of campaigning
taking place before a national referendum is the period of time
from the date of announcement of a national referendum until the
date of a national referendum. Within the meaning of this Law the
period of campaigning for a legislative initiative is the period
of time from the date when the Central Election Commission
announces the registration of the draft law until the last date
of collection of signatures. Within the meaning of this Law the
period of campaigning for the revocation of the Saeima is
the period of time from the date when the Central Election
Commission announces the registration of the initiative group
(for collection of signatures on the initiative to revoke the
Saeima) until the last date of collection of
signatures.
Section 28.
(1) Any natural person, legal person, registered association
of such persons and an initiative group (hereinafter -
campaigner) are entitled to perform campaigning before a national
referendum, campaigning for a legislative initiative and
campaigning for the initiative to revoke the Saeima.
(2) The State, another derived public person, a member of the
election commission, as well as a capital company with more than
one per cent of capital shares (stocks) belonging to the State or
a derived public person, is prohibited to perform campaigning
before a national referendum, campaigning for a legislative
initiative and campaigning for the initiative to revoke the
Saeima.
Section 29.
(1) On the day of a national referendum, as well as the day
before the national referendum, it is prohibited to place
campaigning materials in the electronic mass media - radio and
television - broadcasts, public places, press publications, on
the Internet and at the institutions and capital companies
referred to in Section 33, Paragraph one of this Law.
(2) Campaigning before a national referendum and campaigning
for a legislative initiative is prohibited at the places referred
to in Section 7, Paragraph two of this Law, voting premises and
in the distance of less than 50 metres from the entrance into the
building, where the polling station is located. Such prohibition
shall apply also to the campaigning for the initiative to revoke
the Saeima.
[The second sentence of Paragraph two is repealed from 1
January 2015. See Paragraph 8 of the Transitional
Provisions.]
Section 30.
(1) The broadcasts on campaigning before a national
referendum, campaigning for a legislative initiative and
campaigning for the initiative to revoke the Saeima may
not be included in the form of advertising in the news broadcasts
of electronic mass media.
(2) On the day of a national referendum till 10.00 p.m.it is
prohibited to include in the programmes and broadcasts of
electronic mass media - radio and television - the results of the
public opinion polls performed on the issue to be resolved in a
national referendum.
(3) Electronic mass media may not edit, cut or otherwise
modify the broadcasts and materials on campaigning before a
national referendum, campaigning for a legislative initiative and
campaigning for the initiative to revoke the Saeima
without the consent of the persons participating in such
broadcasts. Electronic mass media shall not be liable for the
truthfulness of information included in the pre-designed
campaigning materials submitted thereto.
(4) Electronic mass media ensuring the retranslation of
programmes of foreign electronic mass media in Latvia, shall
include in the contract with the respective foreign electronic
mass media a provision that during campaigning before a national
referendum, campaigning for a legislative initiative and
campaigning for the initiative to revoke the Saeima, the
programmes retranslated in Latvia may not include the materials
on campaigning before a national referendum, campaigning for a
legislative initiative and campaigning for the initiative to
revoke the Saeima.
(5) The provisions of this Law shall not apply to a recount of
facts in news broadcasts and direct news coverage.
Section 31.
(1) Before or immediately after each campaigning before a
national referendum, campaigning for a legislative initiative and
campaigning for the initiative to revoke the Saeima in the
programme or broadcast of electronic mass media - radio or
television, as well as press publication, on the Internet or at a
public place the payer for the campaigning shall be indicated
within the scope of the respective material.
(2) If a payment is received for the campaigning referred to
in Section 27, Paragraph one of this Law, but the payer, contrary
to the provisions of this law, has not been indicated, it shall
be considered a hidden campaigning. Within the meaning of this
Law payment is any remuneration, including any benefits in kind,
services, assignment of rights, release from obligation, waiver
of any rights in favour of any other person, etc.
(3) Hidden campaigning before a national referendum, hidden
campaigning for a legislative initiative or hidden campaigning
for the initiative to revoke the Saeima is prohibited.
Section 32.
(1) The campaigner has the right, for the purposes of
campaigning before a national referendum, campaigning for a
legislative initiative and campaigning for the initiative to
revoke the Saeima, to place campaigning materials in
public places, place stands and tables, as well as install
movable tents, not exceeding the dimensions determined by the
local government, warning the relevant local government thereof
at least three days in advance. State and local governments may
determine the public places where placing of campaigning
materials is not allowed.
(2) The Cabinet shall determine the procedures by which the
local governments shall calculate and collect a fee for the
placement of materials on campaigning before a national
referendum, materials on campaigning for a legislative initiative
and materials on campaigning for the initiative to revoke the
Saeima.
(3) The campaigner shall be liable for removal of campaigning
materials in accordance with the procedures stipulated by the
respective local government.
(4) The provisions of Paragraphs one, two and three of this
Section shall not apply to cases when campaigning before a
national referendum, campaigning for a legislative initiative and
campaigning for the initiative to revoke the Saeima is
implemented within the scope of a festive, commemoration,
entertaining, sports or recreation event arranged by the
campaigner. In such case the issues related to the approval and
course of the respective events shall be governed by the Law On
Safety during Public Entertainment Events and Festivals.
(5) It is prohibited for the State and derived public persons
to create special advantages or restrictions for any campaigner
in relation to the placement in public places of materials on
campaigning before a national referendum, materials on
campaigning for a legislative initiative and materials on
campaigning for the initiative to revoke the Saeima.
Section 33.
(1) It is prohibited to place and distribute materials on
campaigning before a national referendum, materials on
campaigning for a legislative initiative and materials on
campaigning for the initiative to revoke the Saeima in
places of public access at State institutions and institutions of
public derived persons and capital companies, in which more than
50 per cent of shares (stocks) is owned by the State or derived
public persons.
(2) The restriction provided for in Paragraph one of this
Section shall not apply to the materials of the Central Election
Commission of informative nature regarding a national referendum,
legislative initiative or initiative to revoke the Saeima,
as well as to the cases referred to in Paragraph three of this
Section.
(3) State institutions and institutions of public derived
persons and capital companies, in which more than 50 per cent of
shares (stocks) is owned by the State or derived public persons,
may grant to the campaigner the premises for organising meetings
with voters, free of charge or for a fee not exceeding the actual
expenses of the maintenance of such premises, provided that other
persons are also given the possibility to use these premises to
meet with voters under the same conditions.
Section 34.
(1) A natural person, legal person or registered association
of such persons may use for expenses of campaigning before a
national referendum, campaigning for a legislative initiative and
campaigning for the initiative to revoke the Saeima a sum
not exceeding the monthly average gross work remuneration of the
year before last published by the Central Election Commission,
which is rounded up in full euros, applying the coefficient of
0.00007, and calculated per each voter in the previous
Saeima elections. This restriction shall not apply to the
case referred to in Paragraph two of this Section.
(2) The initiative group may use for expenses of campaigning
before a national referendum, campaigning for a legislative
initiative and campaigning for the initiative to revoke the
Saeima a sum not exceeding the monthly average gross work
remuneration of the year before last published by the Central
Election Commission, which is rounded up in full euros, applying
the coefficient of 0.00007, and calculated per each voter in the
previous Saeima elections.
(3) Expenses of campaigning before a national referendum,
campaigning for a legislative initiative and campaigning for the
initiative to revoke the Saeima performed by a registered
association of political parties shall also be considered as the
expenses used for such purpose by the political parties forming
the association.
(4) The funds spent by an individual member of the
Saeima or a candidate to the Saeima, a member of a
political party or a member of the initiative group for an
individual campaigning before a national referendum, individual
campaigning for a legislative initiative and individual
campaigning for the initiative to revoke the Saeima are
included in the campaigning expenses of the respective initiative
group.
(5) The funds referred to in Paragraph one of this Section,
which a person may use for campaigning, shall be comprised of the
expenses of the respective person during the period of
campaigning before a national referendum, the period of
campaigning for a legislative initiative and the period of
campaigning for the initiative to revoke the Saeima,
irrespective of the date of issue of the document confirming
transaction (invoice, contract or another document), receipt or
performance of a payment for:
1) the placement of an advertisement:
a) programmes and broadcasts of the public electronic mass
media - television,
b) programmes and broadcasts of the public electronic mass
media - radio,
c) programmes and broadcasts of the commercial electronic mass
media - television,
d) programmes and broadcasts of the commercial electronic mass
media - radio,
e) in newspapers, magazines, bulletins and other periodicals
registered in accordance with the procedures stipulated in law,
produced by print technology and widely circulated throughout the
territory of the State,
f) in newspapers, magazines, bulletins and other periodicals
registered in accordance with the procedures stipulated in law,
produced by print technology, with the majority editions
circulated within the territory of one city or municipality,
g) on the Internet, except the website of a political party,
association of political parties and the initiative group,
h) in premises and public places (public courtyards, squares,
streets, on bridges and in other similar places) regardless of
the belonging of the property;
2) the use of the postal (also electronic mail) services for
the sending of materials on campaigning before a national
referendum, materials on campaigning for a legislative initiative
or materials on campaigning for the initiative to revoke the
Saeima;
3) the funding and sponsoring of charity events, disbursing
bonuses and making gifts (donations).
(6) The Corruption Prevention and Combating Bureau on an
annual basis shall post on its website an informative notice,
indicating the sum referred to in Paragraphs one and two of this
Section, which may be allocated per one voter for campaigning
before a national referendum, campaigning for a legislative
initiative or campaigning for the initiative to revoke the
Saeima.
[12 September 2013]
Section 35.
(1) If campaigning before a national referendum or campaigning
for a legislative initiative is performed by a political party or
an association of political parties, which has lodged a list of
their member candidates for the Saeima elections in three,
four or five electoral districts, and the period of campaigning
taking place before a national referendum or the period of
campaigning taking place for a legislative initiative fully or
partially coincides with the pre-elections campaigning period
taking place before the Saeima elections, the amount of
expenses determined for the pre-election campaigning for the
Saeima elections stipulated in the Law On Financing of
Political Organisations (Parties) may be used in total for the
campaigning thereof before a national referendum or campaigning
for a legislative initiative and pre-election campaigning before
the Saeima elections.
(2) If campaigning before a national referendum or campaigning
for a legislative initiative is performed by a political party or
an association of political parties, which has lodged a list of
their member candidates for the Saeima elections in one or
two electoral districts, and the period of campaigning taking
place before a national referendum or the period of campaigning
taking place for a legislative initiative fully or partially
coincides with the pre-elections campaigning period taking place
before the Saeima elections, the amount of expenses
stipulated in Section 34, Paragraph one or two of this Law may be
used in total for the campaigning thereof before a national
referendum or campaigning for a legislative initiative and
pre-election campaigning before the Saeima elections.
(3) If two or more periods of campaigning before a national
referendum, campaigning for a legislative initiative or
campaigning for the initiative to revoke the Saeima (in
any combination thereof) fully or partially coincide, then the
amount of expenses stipulated in Section 34, Paragraph one or two
of this Law may be used in total for all campaigning before a
national referendum, campaigning for a legislative initiative or
campaigning for the initiative to revoke the Saeima.
(4) The campaigner may finance campaigning before a national
referendum, campaigning for a legislative initiative or
campaigning for the initiative to revoke the Saeima,
including give gifts (donations) out of his legally obtained
income.
(5) Campaigning before a national referendum, campaigning for
a legislative initiative or campaigning for the initiative to
revoke the Saeima may not be financed from the funds,
which:
1) are directly or indirectly obtained from legal persons
registered abroad and foreign citizens;
2) obtained from an anonymous payer. A person who cannot be
detected (no given name, surname, personal identity number and
residential address of a natural person or no firm name,
registration number and registered address of a legal person is
indicated) shall be considered an anonymous payer;
3) obtained with the intermediation of a third party. The case
when the identification data of another person are used upon
implementing one's own personal interest to finance campaigning
before a national referendum, campaigning for a legislative
initiative or campaigning for the initiative to revoke the
Saeima, or when a donation is made with the intermediation
of a third party for financing of campaigning before a national
referendum, campaigning for a legislative initiative or
campaigning for the initiative to revoke the Saeima shall
be considered campaigning before a national referendum,
campaigning for a legislative initiative or campaigning for the
initiative to revoke the Saeima, with the intermediation
of a third party. Within the meaning of this Law, the case when
on the basis of a notarised power of attorney, in which
particular amount or property to be donated and the value thereof
is indicated, an authorised representative gives a donation on
behalf of the principal shall not be considered intermediation.
It is prohibited to delegate such authorisation to another
person.
(6) All financial resources, provided for or used for
campaigning before a national referendum, campaigning for a
legislative initiative or campaigning for the initiative to
revoke the Saeima, and exceeding one minimum monthly wage,
shall be directly and immediately transferred into the bank
account of the beneficiary. If the amount of financial resources
provided for or used for campaigning before a national
referendum, campaigning for a legislative initiative or
campaigning for the initiative to revoke the Saeima have
reached one minimum monthly wage, subsequent financial resources
shall be directly and immediately transferred into the bank
account of the beneficiary.
(7) Within the meaning of this Law, a gift (donation) shall be
any material or gratuitous benefits of other type, including
services, assignment of rights, release from obligation, waiver
of any rights in favour of an interested party, as well as other
activities by which any benefit is granted to the interested
party. Within the meaning of this Law, a gift (donation) shall
also be a transfer of movable or immovable property into the
ownership of the interested party and provision of services to
the interested party for a charge lower than the market value of
the relevant movable or immovable property or service.
Section 36.
(1) If the expenses related to the placement of materials on
campaigning before a national referendum, materials on
campaigning for a legislative initiative or materials on
campaigning for the initiative to revoke the Saeima in the
particular electronic, mass media or press publication exceed the
amount of expenses referred to in Section 34, Paragraph one or
two or Section 35, Paragraph one, two or three of this Law, such
electronic mass media or press publication shall refuse to enter
into a contract.
(2) The campaigner shall enter into a contract on placement of
materials on campaigning before a national referendum, materials
on campaigning for a legislative initiative or materials on
campaigning for the initiative to revoke the Saeima with
the respective electronic mass media or press publication
directly, without intermediation and without authorised
persons.
Section 37.
(1) Electronic mass media or press publication, which has
agreed with the campaigner on placement of materials on
campaigning before a national referendum, materials on
campaigning for a legislative initiative or materials on
campaigning for the initiative to revoke the Saeima,
shall, not later than on the next working day after entering into
the contract or introduction of amendments to the concluded
contract, send a notice to the Corruption Prevention and
Combating Bureau on the placement of materials on campaigning
before a national referendum, materials on campaigning for a
legislative initiative or materials on campaigning for the
initiative to revoke the Saeima in the allocated
transmission time of electronic mass media or in the press
publication.
(2) The campaigner who has agreed with any service provider on
placement of materials on campaigning before a national
referendum, materials on campaigning for a legislative initiative
or materials on campaigning for the initiative to revoke the
Saeima on the Internet for a fee, in the premises or
public places, irrespective of the belonging of the property, or
on the use of the postal (also electronic mail) services for
sending of materials on campaigning before a national referendum,
materials on campaigning for a legislative initiative or
materials on campaigning for the initiative to revoke the
Saeima, shall, not later than on the next working day
after entering into a contract or introduction of amendments to
the concluded contract, send a notice to the Corruption
Prevention and Combating Bureau on the placement of materials on
campaigning before a national referendum, materials on
campaigning for a legislative initiative or materials on
campaigning for the initiative to revoke the Saeima.
(3) The following information shall be indicated in the notice
referred to in Paragraphs one and two of this Section:
1) the date the contract;
2) information regarding the contracting parties:
a) the name, registration number and legal address of the
commissioning party - legal person, including political
organisation, association of political organisations,
association,
b) the given name, surname, personal identity number and the
address of the declared place of residence of the commissioning
party - natural person,
c) the firm name, registration number and registered address
of the commissioning party - registered association of
persons,
d) the name of the commissioning party - initiative group, and
the given name, surname, personal identity number and the address
of the declared place of residence of the representative thereof
- contracting party;
3) the name, surname, personal identity number and the address
of the declared place of residence of the placer of the
campaigning material or the service provider - natural
person;
4) the firm name, registration number and legal address of the
placer of the campaigning material or the service provider -
legal person or registered association of legal persons or
natural persons;
5) depending on the type of placement of campaigning
materials, the following shall be indicated:
a) in programmes and broadcasts of electronic mass media -
radio and television - the date, time and duration of placement
of each campaigning material,
b) in press publications - the date and space of placement of
each campaigning material,
c) on the Internet for a fee - the date, time, duration and
scope of placement of each campaigning material,
d) in the premises or public places - the date, duration and
space of placement of each campaigning material,
e) when sending the campaigning materials by post (also by
electronic mail) - the date and scope of the sending of
campaigning materials;
6) the contractual sum (including value added tax);
7) the applied discounts and justification thereof, as well as
the contractual sum (including value added tax), which would have
been applied in case of no discounts;
8) the procedures and time period for payment of the
contractual sum (including in cash or by wire transfer);
9) other information, which the placer of the campaigning
materials or a person who has agreed with any service provider on
placement or sending of the campaigning materials deem to be
significant.
(4) In the case referred to in Section 35, Paragraphs one and
two of this Law, the political party or the association of
political parties shall lodge to the Corruption Prevention and
Combating Bureau the documents on expenses of campaigning before
a national referendum or campaigning before a legislative
initiative in accordance with the laws and regulations governing
control of the amount of expenses of pre-election campaigning
taking place before the Saeima elections, indicating the
expenses of both campaigning types together.
Section 38.
(1) A person who has violated the restrictions regarding
campaigning before a national referendum or campaigning for a
legislative initiative, or who has violated the procedures for
placing campaigning materials or in any other way failed to
conform to the provisions of this Law shall be held liable
according to law.
(2) If after expiry of the period of campaigning before a
national referendum, campaigning for a legislative initiative or
campaigning for the initiative to revoke the Saeima, the
Corruption Prevention and Combating Bureau discovers that a
person, a registered association of persons or an initiative
group has exceeded the total amount of funds permissible for
campaigning as referred to in Section 34, Paragraph one or two or
Section 35, Paragraph two or three of this Law or has failed to
conform to the restrictions on financing referred to in Section
35, Paragraphs four and five of this Law, the Head of the
Corruption Prevention and Combating Bureau shall request the
respective campaigner to transfer funds that are equal to the
amount exceeded during campaigning before a national referendum,
campaigning for a legislative initiative and campaigning for the
initiative to revoke the Saeima to the State budget within
30 days. Upon motivated request of the campaigner, the Head of
the Corruption Prevention and Combating Bureau may divide the
transfer of financial resources in time periods not exceeding 90
days in total.
(3) If the Corruption Prevention and Combating Bureau during
the period of campaigning before a national referendum,
campaigning for a legislative initiative or campaigning for the
initiative to revoke the Saeima discovers that a person, a
registered association of persons or an initiative group has
exceeded the total amount of funds permissible for campaigning as
referred to in Section 34, Paragraph one or two or Section 35,
Paragraph two or three of this Law, the Head of the Corruption
Prevention and Combating Bureau shall take a decision to prohibit
any further campaigning.
(4) The Head of the Corruption Prevention and Combating Bureau
shall make the decision referred to in Paragraph two of this
Section to transfer funds to the State budget not later than five
years after expiry of the period of campaigning before a national
referendum, campaigning for a legislative initiative or
campaigning for the initiative to revoke the Saeima.
(5) If a political party or an association of political
parties exceeds the amount of expenses stipulated in Section 35,
Paragraph one of this Law for campaigning before a national
referendum, campaigning for a legislative initiative or the
pre-election campaigning before the Saeima elections, the
political party or the association of political parties shall be
held liable in accordance with the laws and regulations
stipulating the liability for exceeding the amount of expenses of
pre-election campaigning before the Saeima elections.
(6) The Corruption Prevention and Combating Bureau shall,
within six months after expiry of the period of campaigning
before a national referendum, campaigning for a legislative
initiative or campaigning for the initiative to revoke the
Saeima, inform the public on the discovered violations of
campaigning.
(7) The Corruption Prevention and Combating Bureau shall
control and supervise the conformity with the restrictions set on
financing and with the expenses permissible for campaigning
before a national referendum, campaigning for a legislative
initiative and campaigning for the initiative to revoke the
Saeima in accordance with the procedures stipulated in
this Law.
(8) Within two weeks after expiry of the period of campaigning
before a national referendum, campaigning for a legislative
initiative or campaigning for the initiative to revoke the
Saeima the initiative group shall prepare and submit to
the Corruption Prevention and Combating Bureau a campaigning
report, indicating the sources of funding of the campaigning
expenses and expenses according to the types stipulated in
Section 34, Paragraph five of this Law.
Transitional Provisions
[8 November
2012]
1. Until 1 January 2004 voters living abroad who until the day
of elections have not received the passport of a citizen of
Latvia, shall present or send to the polling station commission
the registration sheet with the personal identity number of such
voter issued by the Office for Citizenship and Migration
Affairs.
[8 November 2012]
2. The new wording of Sections 22 and 24 of this Law,
amendments to Section 25 providing for the change in the
procedures for the initiation of the draft law and draft
amendments to the Constitution, as well as Chapter
IV.2, shall come into force on 1 January 2015.
[8 November 2012 / The referred-to
amendments are included in the wording of the law of 1 January
2015]
3. Until 1 September 2014 the Cabinet shall ensure the
technical and security readiness of the online system of the
Single State and Local Government Service Portal for the
collection of signatures in online mode.
[8 November 2012]
4. Until 1 January 2015 not less than 30 000 citizens of
Latvia with voting rights have the right to submit to the Central
Election Commission a fully drawn-up draft law or draft
amendments to the Constitution, indicating their given name,
surname, personal identity number and the date of signing. The
draft law or draft amendments to the Constitution may be
submitted within 12 months from the date when the draft law or
draft amendments to the Constitution have been registered with
the Central Election Commission. Each signature of the voter
within the referred-to time period of 12 months must be certified
by a sworn notary or the Orphan's court, which carries out
notarial activities. The fee for certification of a signature in
respect to the collection of signatures on the draft law or draft
amendments to the Constitution shall be determined in the
Orphan's court, taking into account the direct administrative
costs of certification of the signature, however, not more than
half of the sum stipulated in law for certification of
authenticity of the signature in the Orphan's court.
[8 November 2012]
5. If until 1 January 2015 not less than 30 000 voters submit
a fully drawn-up draft law or draft amendments to the
Constitution to the Central Election Commission, indicating their
given name, surname, personal identity number and date of
signing, the Central Election Commission shall set a time period
of 21 days, when the signature collection sheets where voters may
sign are available in the places designated by each city or
municipality council.
[8 November 2012]
6. Until 1 January 2015 a notification on the commencement of
collection of signatures necessary for the legislative initiative
together with the submitted draft law or draft amendments to the
Constitution shall be published in the official gazette
Latvijas Vēstnesis.
[8 November 2012]
7. Sections 27, 28, 30, 31, 32 and 33 of this Law shall be
applicable also to a national referendum or legislative
initiative, including to collection of signatures commenced prior
to the coming into force of these amendments and not yet
completed.
[8 November 2012]
8. The second sentence of Section 29, Paragraph two of this
Law is repealed from 1 January 2015.
[8 November 2012 / The referred-to
amendment is included in the wording of the law of 1 January
2015]
9. Until 1 January 2015 not less than 10 000 citizens of
Latvia with voting rights have the right to submit an initiative
to arrange a national referendum on revocation of the
Saeima to the Central Election Commission, indicating
their given name, surname, personal identity number and the date
of signing. In order to commence the collection of signatures for
the initiative to arrange a national referendum on revocation of
the Saeima, an initiative group shall be established,
corresponding to the requirements of Section 23, Paragraph two of
this Law. The initiative group shall submit to the Central
Election Commission an application on registration.
[8 November 2012]
10. If, in accordance with Paragraph 7 of these Transitional
Provisions, an application is submitted on registration of an
initiative group, the Central Election Commission shall take one
of the following decisions within 10 days:
1) to register the initiative group, provided that it conforms
to the requirements of Section 23, Paragraph two of this Law and
the term stipulated in Section 14 of the Constitution prohibiting
initiation of a national referendum on revocation of the
Saeima has not set in on the day when the application is
submitted;
2) to refuse the registration of the initiative group,
provided that it does not conform to the requirements of Section
23, Paragraph two of this Law and the term stipulated in Section
14 of the Constitution prohibiting initiation of a national
referendum on revocation of the Saeima has set in on the
day when the application is submitted.
[8 November 2012]
11. Until 1 January 2015 an initiative to hold a national
referendum on revocation of the Saeima may be submitted
within 12 months from the day when the Central Election
Commission has registered the initiative group, unless the term
stipulated in Section 14 of the Constitution prohibiting
initiation of a national referendum on revocation of the
Saeima has set in. Each signature of the voter within the
referred-to time period of 12 months must be certified by a sworn
notary or the Orphan's court, which is carrying out notarial
activities. The fee for certification of signatures in respect to
the collection of signatures on the revocation of the
Saeima shall be determined in the Orphan's court, taking
into account the direct administrative costs of certification,
however, not more than half of the sum stipulated in law for
certification of authenticity of the signature in the Orphan's
court.
[8 November 2012]
12. Until 1 January 2015 the Central Election Commission, if
it has detected that the initiative to hold the national
referendum on the revocation of the Saeima has been signed
by at least 10 000 citizens of Latvia with voting rights, shall
announce the commencement of the collection of signatures. The
announcement on the initiative to hold a national referendum on
the revocation of the Saeima shall be published in the
official gazette Latvijas Vēstnesis. Collection of
signatures shall take place in accordance with the procedures
stipulated in Sections 7 - 9 of this Law. The citizens who have
signed for the initiative to hold a national referendum on the
revocation of the Saeima in accordance with the procedures
stipulated in Section 22 of this Law, shall be included in the
total number of the initiators. If the referred-to citizens have
signed also in accordance with the procedures stipulated in
Section 24, Paragraph one of this Law, their signatures shall not
be counted in the signature collection sheets. The Central
Election Commission shall count the votes and detect the
result.
[8 November 2012]
The Saeima adopted this Law on 31 March 1994.
President G. ULMANIS
Riga, 20 April 1994
1 The Parliament of the Republic of
Latvia
Translation © 2014 Valsts valodas centrs (State
Language Centre)
