Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
26 July 1995 [shall come
into force on 16 August 1995];
3 September 1998 [shall come into force on 9 September
1998];
8 May 2003 [shall come into force on 5 June 2003];
4 September 2003 [shall come into force on 11 September
2003];
18 September 2003 [shall come into force on 19 September
2003];
6 April 2006 [shall come into force on 9 May 2006];
21 February 2008 [shall come into force on 5 March
2008];
17 July 2008 [shall come into force on 1 July
2009];
26 February 2009 [shall come into force on 1 April
2009];
20 September 2012 [shall come into force on 11 October
2012];
8 November 2012 [shall come into force on 11 December
2012];
12 September 2013 [shall come into force on 1 January
2014];
10 April 2014 [shall come into force on 8 May
2014];
21 February 2019 [shall come into force on 19 March
2019];
18 June 2020 [shall come into force on 20 June
2020];
3 December 2020 [shall come into force on 31 December
2020].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
On National Referendums,
Legislative Initiatives and European Citizens' Initiative
[20 September 2012]
Chapter I
GENERAL PROVISIONS
Section 1. A national referendum shall be organised
if:
1) the Saeima has amended Article 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 publication of a law for two
months and during 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 Regulation (EU) No
211/2011 of the European Parliament and of the Council of 16
February 2011 on the citizens' initiative does not stipulate
otherwise.
[20 September 2012]
Section 2. All citizens of Latvia who have the right to
elect the Saeima are entitled to participate in national
referendums and legislative initiatives.
Section 3. (1) A national referendum shall be prepared
and administered in accordance with the procedures laid down in
law by the Central Election Commission which shall also issue the
necessary instructions.
(2) [8 November 2012]
[8 November 2012]
Chapter II
ORGANISATION OF NATIONAL REFERENDUMS
Section 4. (1) For the law adopted by the Saeima
on amendments to Article 1, 2, 3, 4, 6 or 77 of the Constitution
to come into legal force, it shall be passed for a national
referendum.
(2) National referendum on such law adopted by the
Saeima shall be organised 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 or she shall notify the
Central Election Commission thereof.
(2) National referendum for such initiative of the President
shall be organised 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
publication of a law, he or she shall, in accordance with the
procedures for the proclamation of laws, 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.
(2) After such notification, the Central Election Commission
shall notify all local government election commissions that
signature collection for the initiation of a national referendum
is being commenced, and shall deliver signature sheets
thereto.
[8 May 2003; 21 February 2008; 17 July 2008; 3 December
2020]
Section 7. (1) The Central Election Commission shall
set a time limit of thirty days when the signature sheets where
voters may sign are available in the places designated by each
local government council. Such days shall be determined in
sequence, excluding from the time limit the days of the
Saeima, the European Parliament, local government council
elections or a national referendum and days when the signature
collection for a national referendum is not permissible.
(2) The places where voters may sign shall be arranged in each
local government so that there would be at least one place per 10
000 voters where voters may sign.
(3) [8 November 2012]
(4) Not later than three days before the beginning of the time
limit for signature collection referred to in Paragraph one of
this Section, the local government election commission shall
determine their working hours when voters will be able to sign
the signature sheets in the places designated by the respective
council. Working hours shall not be less than four hours a day,
also on Saturdays, Sundays and public holidays.
(5) The respective council shall ensure that notifications on
places and time for signature collection are placed at the
respective council building (or at information centres) and at
the signature collection places, as well as published in the
informative publication of the local government, but in the
absence of any - in another local newspaper.
(6) The voters who stay abroad during signature collection may
sign the signature sheets in the embassies, general consulates
and consular offices of the Republic of Latvia. The places and
time for signature collection of signatures shall be determined
by the head of the respective mission.
[26 July 1995; 8 May 2003; 6 April 2006; 21 February 2008;
17 July 2008; 8 November 2012; 3 December 2020]
Section 7.1 (1) If a voter wishes to sign
the signature sheet, but is not able to arrive at the signature
collection place due to the state of health, the election
commission shall, on the basis of a written submission of such
voter or his or her authorised person, organise the signature
collection 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 on the 29th day of
the signature collection (during the working hours determined by
the election commission). Submissions shall be registered in a
special log. The election commission shall organise the signature
collection at the locations of voters on the final day of the
signature collection.
(2) For the suspects, accused or defendants on whom arrest has
been imposed as a security measure, the signature collection
shall be organised in accordance with the procedures laid down in
Paragraph one of this Section. Submissions of such voters shall
be delivered to the respective election commission by the
administration of the institution.
[21 February 2008; 10 April 2014]
Section 7.2 (1) In order to ensure the
soldiers and national guardsmen who fulfil service in
international military operations with the possibility to sign
the signature sheets, the Central Election Commission shall, not
later than seven days before the beginning of the time limit for
signature collection referred to in Section 7, Paragraph one of
this Law, send the signature sheets to the National Armed Forces
for transfer to a person authorised by the Commander of the
National Armed Forces.
(2) After receipt of the signature sheets in the areas of
international military operations, the person authorised by the
Commander of the National Armed Forces shall, taking into account
the time limit of thirty days when the voters can sign the
signature sheets, notify the soldiers and national guardsmen of
the time and place for signature collection in the area of
international military operation.
(3) The person authorised by the Commander of the National
Armed Forces shall specify in the signature sheets the given
name, surname, personal identity number of the signatory, and
also the date when each signatory signed the initiative of a
national referendum.
(4) When the signature collection has been completed, the
signature sheets shall be immediately sent to the Joint
Headquarters of the National Armed Forces for transfer to the
Central Election Commission.
[10 April 2014]
Section 8. (1) The signature sheets shall, according to
the entry in the passport of a citizen of Latvia, specify the
given name, surname, personal identity number of the signatory
and also the date when each signatory signed the initiative of a
national referendum.
(2) If a handicap prevents a voter from signing the signature
sheet himself or herself, his or her family member or any other
person whom the voter trusts shall sign in the list in the
presence of such voter, upon his or her oral instruction. A
relevant note shall be made in the list thereon.
[8 May 2003; 21 February 2008]
Section 9. (1) Signature sheets shall be closed by the
seal and signature of the chairperson of the respective local
government election commission confirming that the signature
collection has taken place in accordance with the procedures laid
down in law.
(2) Upon expiry of the time limit for signature collection
determined by the Central Election Commission, the local
government election commission shall send the signature sheets to
the Central Election Commission in accordance with the procedures
determined thereby.
[17 July 2008; 3 December 2020]
Section 10. (1) The Central Election Commission shall,
upon expiry of the time limit for signature collection, count the
signatures, establish 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 organised 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 organised 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 organised if in accordance
with the procedures laid down 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 Transitional Provisions]
Section 12. (1) The date of a national referendum shall
be determined and notified by the Central Election Commission,
except for 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 organised 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, Clauses 5 and 6 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.
until 8.00 p.m. local time. The Central Election Commission in
each city, except for Rīga, 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. Rīga 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 course
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 relevant local government election
commission and the authorised persons of such commissions, mass
media representatives.
[8 May 2003; 4 September 2003; 17 July 2008; 8 November
2012; 3 December 2020]
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 or herself, 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 or her 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 or her 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 premises, the polling
station commission shall first make sure that a person is a voter
and his or her passport does not contain the note on
participation in the relevant national referendum and 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 voters given name, surname and
personal identity number shall be written in the electoral roll,
and the voters passport shall be stamped indicating that he or
she 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 or her choice in
privacy, upon his or her 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 or she shall fold the ballot paper and insert it
into the ballot box in the 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 polling premises
prior to 8.00 p.m. After that polling 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 persons registered in a
special log, organise 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 organised also
for the carers of the persons referred to in Paragraph one of
this Section, as well as other persons who are ill if they have
timely submitted a written submission for 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 shall continue to accept
written submissions on the polling day for 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; 10 April
2014]
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 staying 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 missions of the
Republic of Latvia, or by post. Upon agreeing thereupon 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 or the European Parliament elections, voting abroad
shall take place in all polling stations set up in accordance
with the procedures laid down by law.
(3) Voters who are abroad during the voting may also vote by
post. Voting by post shall take place in accordance with the
procedures laid down in the Law on the Election of the
Saeima.
(4) For persons on whom arrest has been imposed as a security
measure or who serve a custodial sentence, voting shall be
conducted in accordance with the procedures for the participation
of such persons in the election of the Saeima as laid down
in the Law on the Election of the Saeima.
(5) The soldiers and national guardsmen who fulfil service
duties in international military operations may participate in a
national referendum in the area of the corresponding
international operation, provided that it is possible to ensure
the compliance with the conditions of this Law. The Central
Election Commission shall, not later than on the 12th
day before the national referendum day, send the forms of the
lists of voters, ballot papers, the seal of the relevant polling
station commission and the ballot box to the National Armed
Forces for the transfer to a person authorised by the Commander
of the National Armed Forces. Voting shall take place in
accordance with the procedures prescribed by the Law on the
Election of the Saeima for participation in the election
of the Saeima of soldiers and national guardsmen who
fulfil service duties in international military operations.
[3 September 1998; 8 May 2003; 6 April 2006; 26 February
2009; 10 April 2014]
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" nor the answer
"against" is marked.
(2) The election commission shall resolve the disagreements
regarding the validity of ballot papers by majority vote. In the
event of a tied vote, the chairperson of the commission shall
have the casting vote.
[3 September 1998]
Section 21. During the election, the chairperson of the
polling station commission shall supervise the order in the
electoral premises. He or she shall ascertain that restrictions
of freedom to election and disturbances to order as well as
campaigns do not occur in the electoral 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. (1) Not less than one tenth of voters 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.
(2) Within these 12 months, each signature of a voter must be
certified by a sworn notary, at the local government institution
for the declaration of a place of residence, the Orphan's and
Custody Court which is performing notarial activities. in a
municipality by the head of a rural territory [pagasts] or town
administration or at diplomatic and consular missions of the
Republic of Latvia in foreign countries by the consular official
who is entitled to perform notarial functions. Certified
signatures shall be collected on a signature sheet approved by
the Central Election Commission. The person who certifies a
signature shall save the information regarding signing in the
online signature collection system of the Central Election
Commission in accordance with the procedures laid down by the
Central Election Commission.
(3) The fee for the certification of a signature in respect to
signature collection on the draft law or draft amendments to the
Constitution shall be determined in the Orphan's and Custody
Court or local government authority by taking into account the
direct administrative costs of certification of the signature,
however, not more than half of the sum laid down in law for the
certification of authenticity of a signature in the Orphan's and
Custody Court.
(4) If identification of signatories and personal data
protection is ensured, the signatures may also be collected
electronically through the single State and local government
service portal (www.latvija.lv) or another online system chosen
by the initiative group for the respective purpose. The owner
(administrator) of the single State and local government service
portal shall not collect fee from signatories.
(5) The Cabinet shall determine the security and technical
requirements to be complied with if the single State and local
government service portal (www.latvija.lv) or another online
system is used for signature collection and shall determine the
authority that will evaluate the compliance of the online system
used for signature collection with the security and technical
requirements determined by the Cabinet. Certification of
compliance shall not be performed for the online signature
collection system of the single State and local government
service portal.
(6) The decision of the authority determined by the Cabinet by
which it was refused to issue a certificate on compliance of the
online system with the requirements laid down in laws and
regulations may be appealed to a court in accordance with the
procedures laid down in the Administrative Procedure Law.
[8 November 2012; 3 December 2020]
Section 23. (1) An initiative group shall be formed for
collecting 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 laid down in the Associations
and Foundations Law.
(3) The initiative group shall submit to the Central Election
Commission a submission and the draft law or draft amendments to
the Constitution in support of which signature collection 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 time limit for the elimination of any flaws
established in the submission and the draft law or 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 authorities, as well as 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 case 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 a ruling
within one month from the date of receipt of the petition. If
necessary, the court may extend the term for adopting a ruling,
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 to
the administrative proceedings.
(5) If the law prescribes a time period for the execution of
any procedural action, however, the provisions 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
the execution of the relevant procedural action.
(6) The court ruling as well as other decisions taken in
performing procedural actions for the examination of the
submitted petition or action brought shall not be subject to
appeal.
[8 November 2012]
Section 24. Upon receipt of a submission from the
initiative group for the collection of number of voter signatures
specified in Section 22, Paragraph one of this Law, the Central
Election Commission shall, using the data on signatures saved in
the online signature collection system of the Central Election
Commission, check whether the signatories are voters and
determine the total number of signatures. If the draft law or
draft amendments to the Constitution have been signed by less
than one tenth of the number of the citizens of Latvia with the
voting rights, the Central Election Commission shall, not later
than within three days, notify the President thereof and send to
him or her the draft law or draft amendments to the Constitution
submitted by the voters.
[3 December 2020]
Section 25. (1) The President shall submit such draft
law or 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.
[8 November 2012 / Amendments to Paragraph one shall come
into force on 1 January 2015. See Paragraph 2 of Transitional
Provisions]
Chapter IV.1
EUROPEAN CITIZENS' INITIATIVE
[20 September 2012]
Section 25.1 (1) If it is planned to collect
statements of support for a European citizens' initiative online,
the organisers shall submit a submission to the Supervisory
Committee of Digital Security requesting to issue a certificate
confirming that the online system used for the abovementioned
purpose conforms to the security and technical features laid down
in Regulation (EU) No 211/2011 of the European Parliament and of
the Council of 16 February 2011 on the citizens' initiative.
(2) The Supervisory Committee of Digital Security shall review
the submission and, within one month, issue a certificate or take
the decision to refuse to issue a certificate.
(3) The decision of the Supervisory Committee of Digital
Security by which the issuing of a certificate on conformity of
the online system with the security and technical features was
refused may be appealed to a court in accordance with the
procedures laid down in the Administrative Procedure Law.
(4) This Section shall not apply to cases when the organisers
have received a certificate of conformity of the online system
with the security and technical features from the competent
authority of another Member State of the European Union.
[3 December 2020]
Section 25.2 The organisers shall submit the
statements of support collected according to the 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 of support from the organisers, the Central
Election Commission shall count the signatures, establish the
result and send the certificate confirming the number of valid
statements to the organisers to the electronic mail address
indicated in the form.
(2) If the Central Election Commission establishes that the
verification of the received statements is outside its
jurisdiction, the Central Election Commission shall send the
statements of support back to the organiser within two weeks.
Section 25.4 The Central Election Commission
shall draw up the necessary instructions for the verification of
the statements of support.
Chapter IV.2
INITIATIVE TO RECALL THE SAEIMA
[8 November 2012 / Chapter shall
come into force on 1 January 2015. See Paragraph 2 of
Transitional Provisions]
Section 25.5 (1) Not less than one tenth of
voters have the right to submit to the Central Election
Commission an initiative to organise a national referendum on the
recalling of the Saeima, indicating their given name,
surname, personal identity number and the date of signing. An
initiative to organise a national referendum on the recalling of
the Saeima may be submitted within 12 months from the day
when the Central Election Commission has registered the
initiative group, unless the time limit laid down in Article 14
of the Constitution has set in when the right to initiate a
national referendum on revocation of the Saeima may not be
exercised.
(2) Signatures of voters shall be certified and information
regarding them shall be saved in accordance with the procedures
specified in Section 22, Paragraph two of the Law.
(3) The fee for the certification of a signature in respect to
the signature collection on the recalling of the Saeima
shall be determined in the Orphan's and Custody Court or local
government authority by taking into account the direct
administrative costs of certification of the signature, however,
not more than half of the sum laid down in law for certification
of the authenticity of a signature in the Orphan's and Custody
Court.
(4) If identification of signatories and personal data
protection is ensured, the signatures may also be collected
electronically through the single State and local government
service portal (www.latvija.lv) or another online system chosen
by the initiative group for the respective purpose.
(5) The online system used for signature collection shall be
subject to the provisions of Section 22, Paragraphs five and six
of this Law.
[3 December 2020]
Section 25.6 (1) An initiative group shall
be formed in order to collect signatures for the initiative to
organise a national referendum on the recalling of the
Saeima, and such group shall meet the requirements of
Section 23, Paragraph two of this Law.
(2) The initiative group shall submit to the Central Election
Commission an application on registration.
(3) The Central Election Commission shall take one of the
following decisions within 10 days:
1) to register the initiative group, provided that it meets
the requirements of Section 23, Paragraph two of this Law and the
term laid down in Article 14 of the Constitution prohibiting
initiation of a national referendum on the recalling 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 time limit laid down in
Article 14 of the Constitution prohibiting initiation of a
national referendum on the recalling of the Saeima has set
in on the day when the application is submitted.
Section 25.7 (1) The Central Election
Commission shall, using the data on signatures saved in the
online signature collection system of the Central Election
Commission, check whether the signatories are voters and
determine the total number of signatures.
(2) If the initiative to organise a national referendum on the
recalling of the Saeima has been signed by at least one
tenth of the voters and if the term laid down in Article 14 of
the Constitution prohibiting initiation of a national referendum
on the recalling of the Saeima has not set in on the day
when the application is submitted, the Central Election
Commission shall take the decision to organise a national
referendum on the recalling of the Saeima.
[3 December 2020]
Section 25.8 (1) The Central Election
Commission shall notify in the official gazette Latvijas
Vēstnesis the number of those voters who have signed the
initiative to organise a national referendum on the recalling of
the Saeima, and also shall publish the decision to
organise a national referendum on the recalling of the
Saeima or the decision to not organise a national
referendum on the recalling of the Saeima.
(2) The day when a national referendum on the recalling of the
Saeima is to be organised shall be determined in
accordance with Section 12 of this Law, but not earlier than one
month and not later than two months after the day when the
decision of the Central Election Commission to organise a
national referendum on the recalling of the Saeima has
been published in the official gazette Latvijas
Vēstnesis.
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 between the local government
and polling station commissions.
[17 July 2008; 3 December 2020]
Chapter VI
CAMPAIGNS BEFORE A NATIONAL REFERENDUM, CAMPAIGNS FOR A
LEGISLATIVE INITIATIVE AND CAMPAIGNS FOR THE INITIATIVE TO RECALL
THE SAEIMA
[8 November 2012 / See Paragraph
7 of Transitional Provisions]
Section 27. (1) Within the meaning of this Law,
campaigns before a national referendum, campaigns for a
legislative initiative and campaigns for the initiative to recall
the Saeima is an organised 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, signature collection on a legislative
initiative or signature collection for the initiative to recall
the Saeima.
(2) Within the meaning of this Law, the campaign period before
a national referendum is the period from the date of announcement
of a national referendum until the date of the national
referendum. Within the meaning of this Law, the campaign period
for a legislative initiative is the period from the date when the
Central Election Commission announces the registration of the
draft law until the last date of signature collection. Within the
meaning of this Law, the campaign period for the recalling of the
Saeima shall be the period from the date when the Central
Election Commission announces the registration of the initiative
group (for the signature collection on the initiative to recall
the Saeima) until the last date of signature
collection.
Section 28. (1) Any natural person, legal person,
registered association of such persons and an initiative group
(hereinafter - the campaigner) are entitled to conduct campaigns
before a national referendum, campaigns for a legislative
initiative and campaigns for the initiative to recall the
Saeima.
(2) The State, another derived public entity, 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
derived public entity is prohibited from conducting campaigns
before a national referendum, campaigns for a legislative
initiative and campaigns for the initiative to recall the
Saeima.
Section 29. (1) On the day of a national referendum and
also on the day before the national referendum, the placement of
campaign materials in electronic mass media - radio and
television - broadcasts, public places, publications, and at the
authorities and capital companies referred to in Section 33,
Paragraph one of this Law, and also conduct of campaigns as a
paid service on public electronic communications network,
including the Internet, shall be prohibited.
(2) Campaigns before a national referendum and campaigns for a
legislative initiative are prohibited at the places referred to
in Section 7, Paragraph two of this Law, polling premises and in
the distance of less than 50 metres from the entrance into the
building where the polling station is located.
[21 February 2019]
Section 30. (1) The broadcasts on campaigns before a
national referendum, campaigns for a legislative initiative and
campaigns for the initiative to recall 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 until 10.00 p.m., the
programmes and broadcasts of electronic mass media - radio and
television - may not include the results of the public opinion
polls performed on the issue to be resolved in the national
referendum.
(3) Electronic mass media may not edit, compile or otherwise
modify the broadcasts and materials of a campaign before a
national referendum, campaign for a legislative initiative and
campaign for the initiative to recall the Saeima without
the consent of the persons who are participating in these
broadcasts. Electronic mass media shall not be liable for the
veracity of the data included in the campaign materials that have
been previously prepared and submitted to them.
(4) Electronic mass media which provide retransmission 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 campaigns before a national
referendum, campaigns for a legislative initiative and campaigns
for the initiative to recall the Saeima the programmes
re-transmitted in Latvia may not include the campaign materials
before a national referendum, campaign materials for a
legislative initiative and campaign materials for the initiative
to recall 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
campaign before a national referendum, campaign for a legislative
initiative and campaign for the initiative to recall the
Saeima in the programme or broadcast of electronic mass
media - radio or television, as well as publication, on the
Internet or at a public place the payer for the campaigning shall
be indicated within the scope of the respective material.
(11) When distributing bulletins, books, leaflets
and other campaign editions produced by print technology that are
not press publications, the relevant edition shall clearly and
unambiguously indicate that it is a campaign before a national
referendum, campaign for a legislative initiative or campaign for
the initiative to recall the Saeima and also the
campaigner who has paid for such campaign and the number of
copies of the edition.
(2) If a payment is received for the campaigns 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 campaign. 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 campaigns before a national referendum, hidden
campaigns for a legislative initiative or hidden campaigns for
the initiative to recall the Saeima are prohibited.
[21 February 2019]
Section 32. (1) The placement of campaign materials
before a national referendum, campaign materials for a
legislative initiative and campaign materials for the initiative
to recall the Saeima in public places shall be subject to
the provisions of Sections 21, 22, and 22.1 of the
Pre-election Campaign Law, insofar as they are applicable to
campaigns before a national referendum, campaigns for a
legislative initiative and campaigns for the initiative to recall
the Saeima.
(2) [21 February 2018]
(3) The campaigner shall be liable for removal of campaign
materials in accordance with the procedures laid down by the
respective local government.
(4) The provisions of Paragraphs one and three of this Section
shall not apply to cases when campaigns before a national
referendum, campaigns for a legislative initiative and campaigns
for the initiative to recall the Saeima are conducted
within the scope of a festive, commemoration, entertaining,
sports or recreation event organised 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 the Safety of
Public Entertainment and Festivity Events.
(5) The State and derived public entities may not create
special advantages or restrictions for any campaigner in relation
to the placement of campaign materials before a national
referendum, campaign materials for a legislative initiative and
campaign materials for the initiative to recall the Saeima
in public places.
[21 February 2019]
Section 33. (1) Campaign materials before a national
referendum, campaign materials for a legislative initiative and
campaign materials for the initiative to recall the Saeima
may not be placed in the premises of the buildings where State
authorities and authorities of derived public entities and
capital companies in which more than 50 per cent of capital
shares (stocks) is owned by the State or derived public entities
are located, as well as in the shared-use facilities of such
buildings.
(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 recall the Saeima,
as well as to the cases referred to in Paragraph three of this
Section.
(3) State authorities and authorities of derived public
entities and capital companies in which more than 50 per cent of
shares (stocks) is owned by the State or derived public entities
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.
[21 February 2019]
Section 34. (1) A natural person, legal person or
registered association of such persons may use for expenses of
campaigns before a national referendum, campaigns for a
legislative initiative and campaigns for the initiative to recall
the Saeima a sum not exceeding the monthly average gross
work remuneration of the year before last published by the
Central Statistical Bureau, 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 campaigns
before a national referendum, campaigns for a legislative
initiative and campaigns for the initiative to recall the
Saeima a sum not exceeding the monthly average gross work
remuneration of the year before last published by the Central
Statistical Bureau, 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 campaigns before a national referendum,
campaigns for a legislative initiative and campaigns for the
initiative to recall the Saeima conducted 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 campaign before a national referendum, individual
campaign for a legislative initiative and individual campaign for
the initiative to recall the Saeima shall be included in
the campaign expenses of the respective initiative group.
(5) The funds referred to in Paragraph one of this Section
which a person may use for campaigns shall be comprised of the
expenses of the respective person during the campaign period
before a national referendum, the campaign period for a
legislative initiative and the campaign period for the initiative
to recall the Saeima, irrespective of the date of issue of
the document confirming transaction (invoice, contract or another
document), receipt or making of a payment for:
1) the placement of an advertisement:
a) in the programmes and broadcasts of the public electronic
mass medium - television;
b) in the programmes and broadcasts of the public electronic
mass medium - radio;
c) in the programmes and broadcasts of the commercial
electronic mass medium - television;
d) in the programmes and broadcasts of the commercial
electronic mass medium - radio;
e) in newspapers, magazines, bulletins and other periodicals
registered in accordance with the procedures laid down in law
which are produced by print technology and widely circulated
throughout the territory of the country;
f) in newspapers, magazines, bulletins and other periodicals
registered in accordance with the procedures laid down in law
which are produced by print technology and the majority editions
of which are circulated within the territory of one local
government;
g) on the Internet, except for 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 ownership of the property;
2) the use of postal (also electronic mail) services to send
the campaign materials before a national referendum, campaign
materials for a legislative initiative or campaign materials for
the initiative to recall the Saeima;
3) the funding and sponsoring of charity events by disbursing
bonuses and making gifts (donations).
(6) The Corruption Prevention and Combating Bureau shall
annually 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 in a campaign before a
national referendum, campaign for a legislative initiative or
campaign for the initiative to recall the Saeima.
[12 September 2013; 3 December 2020]
Section 35. (1) If a campaign before a national
referendum or legislative initiative is conducted by a political
party or an association of political parties which has submitted
their list of candidates for the Saeima elections in
three, four or five electoral districts and the campaign period
taking place before a national referendum or campaign period
taking place for a legislative initiative fully or partially
coincides with the pre-election campaign period taking place
before the Saeima elections, the amount of expenses
determined for the pre-election campaign for the Saeima
elections laid down in the Law on Financing of Political
Organisations (Parties) may be used in total for its campaign
before a national referendum or a legislative initiative, and
pre-election campaign before the Saeima elections.
(2) If campaigns before a national referendum or campaigns for
a legislative initiative are conducted by a political party or an
association of political parties which has submitted their list
of candidates for the Saeima elections in one or two
electoral districts and the campaign period taking place before a
national referendum or the campaign period taking place for a
legislative initiative fully or partially coincides with the
pre-election campaign period taking place before the
Saeima elections, the amount of expenses laid down in
Section 34, Paragraph one or two of this Law may be used in total
for its campaign before a national referendum or a legislative
initiative, and pre-election campaign before the Saeima
elections.
(3) If two or more periods of campaigns before a national
referendum, campaigns for a legislative initiative or campaigns
for the initiative to recall the Saeima (in any
combination thereof) fully or partially coincide, then the amount
of expenses laid down in Section 34, Paragraph one or two of this
Law may be used in total for all campaigns before a national
referendum, campaigns for a legislative initiative or campaigns
for the initiative to recall the Saeima.
(4) The campaigner may finance a campaign before a national
referendum, campaign for a legislative initiative or campaign for
the initiative to recall the Saeima, including give gifts
(donations) out of his or her legally obtained income.
(5) Campaigns before a national referendum, campaigns for a
legislative initiative or campaigns for the initiative to recall
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 campaigns
before a national referendum, campaigns for a legislative
initiative or campaigns for the initiative to recall the
Saeima, or when a donation is made with the intermediation
of a third party for the financing of campaigns before a national
referendum, campaigns for a legislative initiative or campaigns
for the initiative to recall the Saeima shall be
considered campaigns before a national referendum, campaigns for
a legislative initiative or campaigns for the initiative to
recall 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 the 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 funds intended or used for campaigns before a national
referendum, campaigns for a legislative initiative or campaigns
for the initiative to recall 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 funds intended or used for campaigns before a national
referendum, campaigns for a legislative initiative or campaigns
for the initiative to recall the Saeima have reached one
minimum monthly wage, subsequent funds 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 campaign materials before a national referendum,
campaign materials for a legislative initiative or campaign
materials for the initiative to recall 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 the
placement of campaign materials before a national referendum,
campaign materials for a legislative initiative or campaign
materials for the initiative to recall the Saeima with the
respective electronic mass media or press publication directly
and without intermediation.
(3) If the editions referred to in Section 31, Paragraph
1.1 of this Law are only distributed by using postal
services, the campaigner or an authorised person thereof shall
enter into the contract on the distribution of campaign materials
by using postal services directly and without intermediation only
with the postal service provider.
[21 February 2019]
Section 37. (1) Electronic mass media or press
publication which has agreed with the campaigner on the placement
of placement of campaign materials before a national referendum,
campaign materials for a legislative initiative or campaign
materials for the initiative to recall the Saeima shall,
not later than on the next working day after entering into the
contract or introduction of amendments to a concluded contract,
send a notice to the Corruption Prevention and Combating Bureau
on the placement of campaign materials before a national
referendum, campaign materials for a legislative initiative or
campaign materials 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
the placement of campaign materials before a national referendum,
campaign materials for a legislative initiative or campaign
materials for the initiative to recall 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
campaign materials before a national referendum, campaign
materials for a legislative initiative or campaign materials for
the initiative to recall the Saeima shall, not later than
on the next working day after entering into a contract or
introduction of amendments to a concluded contract, send a notice
to the Corruption Prevention and Combating Bureau on the
placement of campaign materials before a national referendum,
campaign materials for a legislative initiative or campaign
materials for the initiative to recall 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 on 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 given name, surname, personal identity number and the
address of the declared place of residence of the placer of the
campaign material or the service provider - natural person;
4) the firm name, registration number and legal address of the
placer of the campaign material or the service provider - legal
person or registered association of legal persons or natural
persons;
5) depending on the type of the placement of campaign
materials, the following shall be indicated:
a) in programmes and broadcasts of electronic mass media -
radio and television - the date, time and duration of the
placement of each campaign material;
b) in press publications - the date and space of the placement
of each campaign material;
c) on the Internet for a fee - the date, time, duration and
scope of the placement of each campaign material;
d) in the premises or public places - the date, duration and
space of the placement of each campaign material;
e) when sending the campaign materials by post (also by
electronic mail) - the date and scope of the sending of campaign
materials;
6) the contract sum (with the value added tax);
7) the discounts applied and justification thereof, as well as
the contract sum (with the value added tax), which would have
been effected if the discounts were not applied;
8) the procedures and time period for the payment of the
contractual sum (including in cash or by wire transfer);
9) other information which the placer of the campaign
materials or a person who has agreed with any service provider on
placement or sending of the campaign materials deems 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 submit to the Corruption Prevention and
Combating Bureau the documents on expenses of campaigns before a
national referendum or campaigns before a legislative initiative
in accordance with the laws and regulations governing control of
the amount of expenses of pre-election campaigns taking place
before the Saeima elections, indicating the expenses of
both campaign types together.
Section 38. (1) A person who has violated the
restrictions on campaigns before a national referendum or
campaigns for a legislative initiative, or who has violated the
procedures for placing campaign materials or has failed in any
other way to conform to the provisions of this Law shall be held
liable according to law.
(2) If after expiry of the period of campaigns before a
national referendum, campaigns for a legislative initiative or
campaigns for the initiative to recall the Saeima the
Corruption Prevention and Combating Bureau establishes that a
person, a registered association of persons or an initiative
group has exceeded the total amount of funds permissible for
campaigns 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 a campaign before a national referendum,
campaign for a legislative initiative and campaign for the
initiative to revoke the Saeima to the State budget within
30 days. Upon reasoned request of the campaigner, the Head of the
Corruption Prevention and Combating Bureau may divide the
transfer of funds in periods not exceeding 90 days in total.
(3) If during the period of campaigns before a national
referendum, campaigns for a legislative initiative or campaigns
for the initiative to recall the Saeima the Corruption
Prevention and Combating Bureau establishes that a person, a
registered association of persons or an initiative group has
exceeded the total amount of funds permissible for campaigns 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 the decision to
prohibit any further campaigns.
(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 campaigns before a national
referendum, campaigns for a legislative initiative or campaigns
for the initiative to recall the Saeima.
(5) If a political party or an association of political
parties exceeds the amount of expenses laid down in Section 35,
Paragraph one of this Law for a campaign before a national
referendum, campaign for a legislative initiative or the
pre-election campaign before the Saeima elections, the
political party or the association of political parties shall be
held liable in accordance with the laws and regulations laying
down the liability for exceeding the amount of expenses of
pre-election campaigns before the Saeima elections.
(6) The Corruption Prevention and Combating Bureau shall,
within six months after expiry of the period of campaigns before
a national referendum, campaigns for a legislative initiative or
campaigns for the initiative to recall the Saeima, inform
the public of the established campaign violations.
(7) The Corruption Prevention and Combating Bureau shall
control and supervise the conformity with the restrictions set on
financing and eligible expenses for campaigns before a national
referendum, campaigns for a legislative initiative and campaigns
for the initiative to recall the Saeima in accordance with
the procedures laid down in this Law.
(8) Within two weeks after expiry of the period of campaigns
before a national referendum, campaigns for a legislative
initiative or campaigns for the initiative to recall the
Saeima, the initiative group shall prepare and submit to
the Corruption Prevention and Combating Bureau a campaign report,
indicating the funding sources for the campaign expenses and
expenses according to the types laid down in Section 34,
Paragraph five of this Law.
Chapter VII
ADMINISTRATIVE OFFENCES IN THE FIELD OF CAMPAIGNS AND COMPETENCE
IN THE ADMINISTRATIVE OFFENCE PROCEEDINGS
[18 June 2020]
Section 39. (1) For the violation of the campaigning
procedures laid down in this Law or for the failure to comply
with the restrictions in relation to campaigns before a national
referendum, campaigns for a legislative initiative and campaigns
for the initiative to recall the Saeima, a warning or a
fine of up to eighty-six units of fine shall be imposed on a
natural person, but on a fine of up to two hundred and eighty
units of fine - on a legal person.
(2) For the failure to comply with the procedures for the
placement of materials and record-keeping in the field of
electronic mass media in relation to campaigns before a national
referendum, campaigns for a legislative initiative or campaigns
for the initiative to recall the Saeima, a fine from ten
to hundred units of fine shall be imposed on a natural person,
but a fine from hundred to one thousand four hundred and twenty
units of fine - on a legal person.
[18 June 2020]
Section 40. (1) Administrative offence proceedings for
the offences referred to in Section 39, Paragraph one of this Law
shall be conducted by the Corruption Prevention and Combating
Bureau.
(2) Administrative offence proceedings for the offences
referred to in Section 39, Paragraph two of this Law shall be
conducted by the National Electronic Mass Media Council.
(3) Until examination of the case, administrative offence
proceedings for the offences referred to in Section 39, Paragraph
one of this Law if such offences have been established by the
officials of the State Police or municipal police shall be
conducted by the State Police or municipal police accordingly,
but the administrative offence case shall be examined by the
Corruption Prevention and Combating Bureau.
[18 June 2020]
TRANSITIONAL PROVISIONS
[8 November 2012]
1. Until 1 January 2004, voters living abroad who have not
received the passport of a citizen of Latvia until the day of
elections 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]
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, at least 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 names,
surnames, personal identity numbers 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 a voter within
the abovementioned period of 12 months must be certified by a
sworn notary or the Orphan's and Custody Court which is
performing notarial activities. The fee for the certification of
a signature in respect to the signature collection on the draft
law or draft amendments to the Constitution shall be determined
in the Orphan's and Custody Court taking into account the direct
administrative costs of certification of the signature, however,
not more than half of the sum laid down in law for the
certification of authenticity of a signature in the Orphan's and
Custody Court.
[8 November 2012]
5. If at least 30 000 voters submit a fully drawn-up draft law
or draft amendments to the Constitution to the Central Election
Commission until 1 January 2015, indicating their given names,
surnames, personal identity numbers and date of signing, the
Central Election Commission shall set a time limit of 21 days
when the signature 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
signature collection 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 national referendums or legislative
initiatives, including to signature collection 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]
9. Until 1 January 2015, at least 10 000 citizens of Latvia
with voting rights have the right to submit an initiative to
organise a national referendum on the recalling of the
Saeima to the Central Election Commission, indicating
their given names, surnames, personal identity numbers and the
date of signing. In order to commence the signature collection
for the initiative to organise a national referendum on the
recalling of the Saeima, an initiative group shall be
formed that meets 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 an application for the registration of an initiative
group has been submitted in accordance with Paragraph 7 of these
Transitional Provisions, the Central Election Commission shall
take one of the following decisions within 10 days:
1) to register the initiative group if it meets the
requirements of Section 23, Paragraph two of this Law and the
time limit down in Article 14 of the Constitution which prohibits
the initiation of a national referendum on the recalling of the
Saeima has not set in on the day when the application is
submitted;
2) to refuse the registration of the initiative group if it
does not meet the requirements of Section 23, Paragraph two of
this Law and the time limit laid down in Article 14 of the
Constitution which prohibits the initiation of a national
referendum on the recalling 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 the recalling of the Saeima may be submitted
within 12 months from the day when the Central Election
Commission has registered the initiative group, unless the time
limit laid down in Article 14 of the Constitution which prohibits
the initiation of a national referendum on the recalling of the
Saeima has set in. Each signature of the voter within the
abovementioned period of 12 months must be certified by a sworn
notary or the Orphan's and Custody Court which is performing
notarial activities. The fee for the certification of signatures
in respect to the signature collection on the recalling of the
Saeima shall be determined in the Orphan's and Custody
Court taking into account the direct administrative costs of
certification, however, not more than half of the sum laid down
in law for the certification of authenticity of a signature in
the Orphan's and Custody Court.
[8 November 2012]
12. Until 1 January 2015, if it has established that the
initiative to organise the national referendum on the recalling
of the Saeima has been signed by at least 10 000 citizens
of Latvia with voting rights, the Central Election Commission
shall announce the commencement of the signature collection. The
announcement on the initiative to organise a national referendum
on the recalling of the Saeima shall be published in the
official gazette Latvijas Vēstnesis. Signature collection
shall take place in accordance with the procedures laid down in
Sections 7-9 of this Law. The citizens who have signed for the
initiative to organise a national referendum on the recalling of
the Saeima in accordance with the procedures laid down in
Section 22 of this Law shall be included in the total number of
the initiators. If the abovementioned citizens have signed also
in accordance with the procedures laid down in Section 24,
Paragraph one of this Law, their signatures shall not be counted
in the signature sheets. The Central Election Commission shall
count the votes and establish the result.
[8 November 2012]
The Law has been adopted by the Saeima on 31 March
1994.
President G. Ulmanis
Rīga, 20 April 1994
1 The Parliament of the Republic of
Latvia
Translation © 2021 Valsts valodas centrs (State
Language Centre)