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 11^th 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 29^th 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)