Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
6 April 2006 [shall come
into force on 9 May 2006];
17 July 2008 [shall come into force on 1 July
2009];
30 October 2008 [shall come into force on 27 November
2008];
23 April 2009 [shall come into force on 1 May
2009];
13 December 2012 [shall come into force on 11 January
2013];
12 September 2013 [shall come into force on 1 January
2014];
31 October 2013 [shall come into force on 15 December
2013];
3 March 2016 [shall come into force on 29 March
2016];
25 October 2018 [shall come into force on 28 November
2018];
23 May 2019 [shall come into force on 24 May 2019];
27 October 2022 [shall come into force on 25 November
2022];
25 May 2023 [shall come into force on 15 June 2023].
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:
Election to the
European Parliament Law
Chapter I
General Provisions
Section 1. This Law shall prescribe the procedures by
which election to the European Parliament shall take place in the
Republic of Latvia.
Section 2. (1) In the Republic of Latvia the following
shall have the right to elect the European Parliament:
1) a citizen of Latvia;
2) a citizen of the European Union who is not a Latvian
citizen but who resides in the Republic of Latvia.
(2) A person who has reached the age of 18 years on the
election day has the right to vote if the information on such
person is included in the electoral roll in Latvia and if none of
the restrictions referred to in Section 3 of this Law apply to
such person.
Section 3. In the Republic of Latvia, the following
persons do not have the right to elect the European
Parliament:
1) [31 October 2013];
2) [30 October 2008];
3) persons who do not have the right to vote in the Member
State of the European Union of which they are citizens.
[30 October 2008; 31 October 2013]
Section 4. (1) In the Republic of Latvia, the following
shall have the right to stand as candidates in elections to the
European Parliament:
1) a citizen of Latvia;
2) a citizen of the European Union who is not a Latvian
citizen but who resides in the Republic of Latvia.
(2) A person who has reached the age of 21 years on the
election day has the right to stand as a candidate if the
information on such person is included in the electoral roll in
Latvia and if none of the restrictions referred to in Section 5
of this Law apply to such person.
Section 5. (1) A person may not be nominated as a
candidate in elections to the European Parliament and may not be
elected to the European Parliament if he or she in the Republic
of Latvia:
1) is a person upon whom the court has established trusteeship
in accordance with the procedures laid down in law;
2) is serving a sentence in a prison;
3) has been convicted of a serious or very serious crime and
whose conviction has not been extinguished or set aside, except
for the case when the person has been exonerated;
4) at the time of committing the offence provided for in the
Criminal Law was in a state of mental incapacity, a state of
diminished mental capacity, or also after committing a criminal
offence has become ill with a mental illness which has deprived
him or her of the capacity to understand his or her actions or to
control them and on whom a compulsory measure of a medical nature
in relation thereto has been imposed which has not been
revoked;
5) has been punished with a prohibition to stand as a
candidate in the Saeima, European Parliament, local
government council elections, except for the person who has been
exonerated or whose criminal record has been extinguished or set
aside.
(2) A citizen of the European Union who does not have the
right to stand as a candidate and be elected in the Member State
of the European Union of which he or she is a citizen may not be
nominated as a candidate in elections to the European Parliament
in the Republic of Latvia and elected to the European
Parliament.
(3) A European Union citizen who has been in a permanent staff
position in the State security service, intelligence or
counter-intelligence service of the USSR, the Latvian SSR (except
for the persons who have been only the employees of the planning
and finance, administrative and economic departments of the
Committee for State Security of the USSR or the Latvian SSR), as
well as a person who, after 13 January 1991, has worked in the
CPSU (LCP), the International Front of the Working People of the
Latvian SSR, the United Work Collective Council, the Organisation
of War and Labour Veterans or the All-Latvia Salvation of Society
Committee or its regional committees may not be nominated as a
candidate in elections to the European Parliament in the Republic
of Latvia.
[6 April 2006; 17 July 2008; 31 October 2013; 27 October
2022; 25 May 2023]
Section 6. (1) If a citizen of the European Union votes
or stands as a candidate in the elections to the European
Parliament in another Member State of the European Union, he or
she shall lose the right to vote, to stand as a candidate and be
elected to the European Parliament in the Republic of Latvia.
(2) If a citizen of the European Union who is not a Latvian
citizen wishes to exercise his or her voting rights in elections
to the European Parliament in the Republic of Latvia, he or she
shall, in person or by post not later than 30 days before the
elections, submit a submission to the Central Election Commission
regarding a wish to vote in the Republic of Latvia and an
undertaking not to exercise voting rights in another Member State
of the European Union.
(3) The submission by a person shall specify the following
information:
1) given name, surname;
2) personal identity number assigned in the Register of
Natural Persons (if any);
3) citizenship (citizenships);
4) information regarding the personal identification document
(type of document, number and series, date of issue, term of
validity, issuing state and issuing authority);
5) place of residence in the Republic of Latvia;
6) [25 May 2023];
7) the electoral district in a Member State of the European
Union where the person until now was entered in the list of
participating voters, if any;
8) an undertaking to exercise his or her voting rights only in
the Republic of Latvia.
(4) The Central Election Commission shall examine the
submission of a person regarding his or her wish to vote in the
Republic of Latvia and inform the person of the decision taken.
If a person has been refused participation in voting, the
decision of the Central Election Commission may be contested
before court in accordance with the procedures specified in the
Administrative Procedure Law.
(5) The Central Election Commission is entitled to verify in
the home country of the person whether the right of the relevant
person to elect the European Parliament has not been
restricted.
(6) The Central Election Commission shall provide the
necessary information regarding a Latvian citizen to the relevant
Member State of the European Union in which he or she wishes to
exercise his or her voting rights in elections to the European
Parliament if such information is requested by the relevant
Member State of the European Union.
[25 May 2023]
Section 7. The President, a member of the
Saeima, a member of the Cabinet, a councillor of a local
government council may be nominated as a candidate in elections
to the European Parliament, however, if the relevant person is
elected, he or she shall lose the position of a State official as
well as the relevant member or councillor mandate on the
30th day after the approval of election results.
[17 July 2008; 31 October 2013; 25 May 2023]
Section 8. The Republic of Latvia is a single electoral
district.
Chapter
II
Submission of Lists of Candidates
Section 9. (1) A list of candidates may be submitted
by:
1) a political party registered in the Republic of Latvia that
has at least 500 members;
2) an alliance of political parties registered in the Republic
of Latvia if there are at least 500 members in total in the
alliance of political parties.
(11) The number of members of a political party or
alliance of political parties shall be determined according to
the latest register of party members submitted to the Party
Register institution that has been submitted to the Party
Register institution within the last 12 months prior to the day
of submission of the list of candidates. Information referred to
in this Paragraph shall be obtained by the Central Election
Commission from the Party Register institution.
(2) Lists of candidates shall be submitted to the Central
Election Commission. The list of candidates shall be submitted by
a person who has been authorised by the executive board of the
relevant political party or alliance of political parties.
(3) Lists of candidates may be submitted starting from the one
hundred and thirty-fifth day prior to the election day. The last
day for the submission of lists of candidates is the one hundred
and twentieth day prior to the election day.
[17 July 2008; 3 March 2016; 25 May 2023]
Section 10. (1) The list of candidates shall indicate
the given name, surname, personal identity number (if none - the
voter code) of each candidate.
(2) The number of candidates nominated in the list may not be
more than twice the number of members of parliament to be
elected.
(3) One and the same candidate may be nominated only to a list
of candidates of one name. If a candidate has been nominated to
lists of candidates of various names, his or her candidacy shall
be deleted from all the lists of candidates.
(4) The name of a list of candidates shall correspond to:
1) the name of the relevant political party if the list of
candidates is submitted by a political party;
2) the name of the relevant alliance of political parties if
the list of candidates is submitted by an alliance of political
parties.
(5) A list of candidates and the documents attached thereto
(Section 11) shall be drawn up in the official language and in
accordance with the procedures specified by the Central Election
Commission.
[17 July 2008; 31 October 2013]
Section 11. (1) The following documents shall be
attached to the list of candidates:
1) a statement signed by every candidate included in the list
that they agree to stand as candidates in the relevant elections,
they do not stand as candidates in another Member State of the
European Union and agree to the processing of their personal data
which is to be carried out in accordance with the requirements of
this Law. A citizen of the European Union who is not a Latvian
citizen shall additionally indicate in the statement that he or
she has not been deprived of the right to stand as a candidate in
elections to the European Parliament in his or her home Member
State by a court ruling or an administrative act;
2) a pre-election programme signed by all the candidates
included in the list of candidates, the size of which may not
exceed 10000 characters;
3) a declaration signed by every candidate included in the
list of candidates that he or she conforms to the requirements of
Section 4 of this Law and the restrictions referred to in Section
5 of this Law do not apply to him or her;
4) information signed by every candidate included in the list
of candidates, specifying the following data on the
candidate:
a) given name, surname, date of birth and sex;
b) personal identity number or voter code;
c) citizenship;
d) place of residence (State city or municipality);
e) places of employment and positions held (including
positions in political parties, alliances of political parties,
religious organisations, trade unions, associations and
foundations) or, if there is no place of employment, occupation,
status;
f) education (basic, secondary, higher), degree acquired,
vocational qualification, educational institution, and year of
graduating from the educational institution;
g) [25 May 2023];
h) whether he or she has or has not co-operated with the State
security service, intelligence or counter-intelligence service of
the USSR or Latvian SSR as a non-staff employee of these
services, an agent, a resident or keeper of safe house;
i) [25 May 2023];
j) a citizen of the European Union who is not a citizen of the
Republic of Latvia shall additionally indicate his or her last
address in the home Member State and the place of birth.
(2) If a candidate wishes, the following information signed by
him or her shall be attached to the list of candidates:
1) nationality;
2) marital status;
3) self-assessment of the proficiency in the Latvian language
and other official languages of the European Union.
[6 April 2006; 17 July 2008; 31 October 2013; 25 May
2023]
Section 12. (1) The Central Election Commission shall
register only such lists of candidates the submitters of which
have paid the security deposit of EUR 8000 in the deposit of the
Central Election Commission.
(2) A bank shall issue the person who paid in the security
deposit with a document on which is indicated the name of the
list of candidates regarding which the security deposit was paid
in for, the payer and the time of payment.
(3) The security deposit that has been paid in for a list of
candidates from which in the relevant elections at least one
member has been elected to the European Parliament shall be
returned to the payer.
(4) The security deposit that has been paid in for a list of
candidates from which in the relevant elections none were elected
to the European Parliament shall be paid by the Central Election
Commission into the State budget.
[12 September 2013; 25 May 2023]
Section 13. (1) The Central Election Commission shall,
not later than 60 days prior to the election day, send to the
competent authorities of other Member States of the European
Union the lists of those citizens of the European Union who are
registered in the Republic of Latvia as candidates, indicating
the information given by the candidate on citizenship, place of
residence, place and date of birth, address of the last place of
residence in the home Member State.
(2) The Central Election Commission shall, not later than 19
days prior to the election day, send to other Member States of
the European Union lists of those citizens of the European Union
who are registered in the Republic of Latvia as voters.
(3) The Central Election Commission, having received lists of
candidates from other Member States of the European Union, shall
verify whether any of the candidates registered in another Member
State of the European Union has been registered as a candidate
also in the Republic of Latvia. If any of the candidates
registered in another Member State of the European Union is also
registered as a candidate in the Republic of Latvia, the Central
Election Commission shall delete such person from the list of
candidates.
(31) The Central Election Commission shall evaluate
the notification sent by the competent authorities of the
European Union Member States about the right of a citizen of
Latvia to stand as a candidate in another European Union Member
State, acquire information in accordance with Section 14,
Paragraph three of this Law and:
1) provide information to the competent authority of the
European Union Member State regarding the right of a citizen of
Latvia to stand as a candidate in elections to the European
Parliament within five working days from the moment of receipt of
the notification (or within the shortest possible time period if
it is requested by the relevant competent authority) whether the
person can stand as a candidate and be elected in accordance with
this Law or he or she cannot stand as a candidate and be elected
in accordance with Section 5, Paragraph one, Clause 5 of this
Law;
2) within five working days from the moment of receipt of the
notification, take the decision on the prohibition on the person
to stand as a candidate in elections to the European Parliament
if he or she cannot stand as a candidate and be elected in
accordance with Section 5, Paragraph one, Clauses 1, 2, 3, and 4
of this Law. This decision shall be immediately sent to the
respective person, and the information on the decision shall be
provided to the competent authority of the Member State of the
European Union.
(4) If the Central Election Commission receives from another
Member State of the European Union information that a voter
registered in the Republic of Latvia has applied to vote in
another Member State of the European Union, a notation in respect
of this shall be made in the electoral roll.
[31 October 2013]
Section 14. (1) The Central Election Commission shall
examine the submitted lists of candidates and decide on
registration of each list of candidates. Lists of candidates,
which have been submitted in compliance with the requirements of
this Law, shall be registered in the Central Election Commission
and the submitters of the list of candidates shall be informed of
the decision taken.
(2) Registered lists of candidates cannot be withdrawn, and
only the Central Election Commission in one of the following ways
may make amendments to them:
1) by deleting the nominated candidate if it is determined
that:
a) the person does not have the right to stand as a candidate
in elections to the European Parliament;
b) one and the same person has been nominated in lists of
candidates under different names or has also been nominated in a
list of candidates in another Member State of the European
Union;
c) the candidate has died;
2) by making corrections of a technical nature.
(3) A candidate shall be deleted from a list of candidates on
the basis of the information provided by the relevant State
institution or a court judgment. The fact that the candidate:
1) is not a citizen of the European Union - shall be certified
by the competent institution of the Member State of the European
Union the citizen of which the candidate claims to be (in the
Republic of Latvia - the Office of Citizenship and Migration
Affairs);
2) is nominated in the list of candidates of another Member
State of the European Union in the relevant elections - shall be
certified by the competent institution of the relevant Member
State of the European Union;
3) is not entitled to stand as a candidate in the Member State
of the European Union of which he or she is a citizen - shall be
certified by the competent institution of the relevant Member
State of the European Union;
4) is a person upon whom the court has established trusteeship
in accordance with the procedures prescribed by law shall be
certified by the Office of Citizenship and Migration Affairs;
5) is serving a sentence in a prison or has been convicted of
a serious or very serious crime and the conviction has not been
extinguished or set aside - shall be certified by the Information
Centre of the Ministry of the Interior;
6) at the time of committing the offence provided for in the
Criminal Law was in a state of mental incapacity, a state of
diminished mental capacity, or also after committing a criminal
offence has become ill with a mental illness which has deprived
him or her of the capacity to understand his or her actions or to
control them and on whom a compulsory measure of a medical nature
in relation thereto has been imposed which has not been revoked -
shall be certified by the Information Centre of the Ministry of
the Interior;
7) has not reached 21 years of age by the election day or
information regarding him or her has not been included in the
electoral roll - shall be certified by the Office of Citizenship
and Migration Affairs;
8) has died - shall be certified by the Office of Citizenship
and Migration Affairs;
9) has been in a permanent staff position in the State
security service, intelligence or counter-intelligence service of
the USSR, the Latvian SSR (except for the persons who have been
only the employees of the planning and finance, administrative
and economic departments of the Committee for State Security of
the USSR or the Latvian SSR) - shall be certified by the judgment
of the relevant court;
10) after 13 January 1991 has worked in the CPSU (LCP), the
International Front of the Working People of the Latvian SSR, the
United Work Collective Council, the Organisation of War and
Labour Veterans, the All-Latvia Salvation of Society Committee or
its regional committees - shall be certified by the judgment of
the relevant court.
(4) The State administration institutions of the Republic of
Latvia referred to in Paragraph three of this Section shall
submit the relevant information to the Central Election
Commission without charge within three working days after receipt
of its request.
(5) If information that a nominated candidate does not have
the right to stand as a candidate in the elections to the
European Parliament is received by the Central Election
Commission later than the fiftieth day before the elections and
it is not possible to produce new ballot papers of the relevant
list of candidates, voters shall be issued with ballot papers of
the relevant list of candidates with the given name and surname
of this candidate. In counting the votes and calculation of
election results the votes cast for the relevant person shall not
be counted.
[31 October 2013; 25 October 2018; 25 May 2023]
Section 15. (1) The Central Election Commission shall
number the lists of candidates, determining their numbers by
drawing lots. The drawing of lots shall take place in the order
of registration of the lists.
(2) The Central Election Commission shall ensure the printing
of the lists of candidates on separate forms - ballot papers -
and the conveyance thereof to election commissions.
(3) The ballot paper shall indicate:
1) the number of the list of candidates;
2) the name of the list of candidates;
3) the given name and surname of the nominated candidates.
(4) Against the surname of each candidate on the ballot paper
there is a space for the voter to make a mark.
Section 16. The Central Election Commission shall, not
later than 19 days prior to the election day, publish the
following information on its website and in the official gazette
Latvijas Vēstnesis:
1) the pre-election programmes;
2) all lists of candidates and other information referred to
in this Law on candidates, except for the personal identity
number of candidates and the information specified in Paragraph
one, Clause 4, Sub-clause "j" of Section 11;
3) the information referred to in Clauses 1 and 2 of this
Section in audio format;
4) the information on the accessibility of polling stations
for voters in a wheelchair.
[31 October 2013; 25 May 2023]
Chapter
III
Election Procedures
Section 17. At least five days prior to the election
day, the information referred to in Section 16 of this Law shall
be available at each polling station.
[13 December 2012; 31 October 2013]
Section 18. The elections shall take place once every
five years on the second Saturday of June from 8.00 till
20.00.
[25 May 2023]
Section 19. Starting with the opening of a polling
station, the secretary of the polling station commission or - in
his or her absence - another member of the commission authorised
by the chairperson of the polling station commission shall write
up the election procedure log in accordance with the procedures
specified by the Central Election Commission.
[31 October 2013]
Section 20. (1) On the election day at 8.00, the
chairperson or the secretary of the polling station commission
shall, in the presence of the polling station commission,
ascertain that the ballot boxes into which the ballot papers are
to be placed are empty. After this, the ballot boxes shall be
sealed.
(2) Without interfering with the work of the polling station
commission, the election procedures at the polling station may be
concurrently observed by no more than two authorised observers
from each political party or alliance of political parties that
has submitted a list of candidates for the respective elections,
and also members of the Central Election Commission and the
relevant local government election commission, and persons
authorised by these commissions, mass media representatives. A
candidate may not act as an authorised observer.
[17 July 2008; 25 May 2023]
Section 21. During the election, the chairperson of the
polling station commission shall supervise the procedures in the
polling premises. He or she shall ascertain that in the polling
premises and not closer than 50 metres from the entrance to the
building where the polling station is located restrictions of
election freedoms and disturbances to order, as well as
campaigns, do not occur.
Section 22. (1) A voter, upon presenting a personal
identification document valid in the Republic of Latvia, may vote
at any polling station.
(2) A voter may vote only in person, except for the cases
provided for in Section 25 of this Law.
[25 May 2023]
Section 23. (1) Voting in the elections shall be by
secret ballot.
(2) Inside the polling premises, a member of the polling
station commission, having previously ascertained that
information on the person has been included in the electoral
register and that there is no notation therein on the
participation of this person in the relevant election, shall make
a notation in the electoral register on the participation of the
voter in the relevant election and enter the given name, surname,
and personal identity number of the voter in the list of
participating voters. The voter shall sign the list of
participating voters.
(21) If there is a notation in the electoral
register on the participation of the voter in the elections,
however, he or she denies that, the polling station commission
shall contact the polling station commission in which the voter,
according to the information in the electoral register, has voted
and shall clarify whether there is the signature of the voter in
the list of participating voters of the polling station. If the
absence of the signature is confirmed, the voter may vote. If the
presence of the signature is confirmed, the voter shall be
refused voting.
(3) Each voter shall receive from the polling station
commission ballot papers of all the nominated lists of candidates
and a special ballot envelope that is stamped with the seal of
the relevant polling station commission. The issuing of separate
ballot papers is prohibited.
(4) Members of the polling station commission are prohibited
from conducting campaigns for or against candidates or lists of
candidates.
[31 October 2013; 25 May 2023]
Section 24. (1) A separate room or booth shall be
installed in the polling premises where a voter alone shall place
in the ballot envelope one ballot paper and seal the
envelope.
(2) On the ballot paper alongside the surnames of the
candidates, a voter may at his or her discretion make a mark "+",
not make a mark or strike out the given name or surname of the
candidate.
(3) A voter shall make a "+" mark opposite the surname of a
candidate if he or she especially supports the election of such a
candidate. If the voter does not support a candidate from the
existing candidates in the ballot paper, he or she shall strike
out the given name or surname of such candidate. The voter may
also place an unchanged ballot paper (without marks) into the
ballot envelope.
(4) A voter shall personally place the sealed ballot envelope
in the presence of a member of the polling station commission in
a sealed ballot box.
(5) If a voter has damaged the paper or the envelope prior to
placing the ballot paper in the ballot envelope and sealing it,
he or she shall be issued with a new envelope or new ballot
papers of all nominated lists of candidates. The voter shall sign
in the list of participating voters for the receipt of new ballot
papers or ballot envelope.
[25 May 2023]
Section 25. If a voter cannot vote or sign the list of
participating voters himself or herself due to a handicap, marks
on the ballot paper shall be made or the list of participating
voters shall be signed by either a family member of the voter or
another person whom the voter trusts or who has been authorised
by the voter in the presence of the voter and according to his or
her instructions. A relevant notation thereon shall be made in
the list of participating voters. Such person may be a member of
the relevant polling station commission if he or she has been
trained according to the procedures stipulated by the Central
Election Commission and has confirmed in writing that he or she
will not influence and disclose the vote of the voter.
[25 May 2023]
Section 26. On the election day after 20.00, ballot
papers may be placed only by those voters who were in the polling
premises prior to 20.00. After that, the polling premises shall
be closed.
[25 May 2023]
Section 27. A voter may submit a complaint regarding
the election procedures to the chairperson of the polling station
commission and it shall be registered in the election procedure
log. Any complaint regarding the election procedures shall be
examined without delay and a reply shall be given to the
submitter of the complaint, but the content of the complaint and
reply shall be recorded in the election procedure log.
[31 October 2013]
Chapter
IV
Exceptions to General Voting Procedures
Section 28. (1) On the basis of a written submission
from a voter or his or her authorised person or trustee, the
polling station commission shall organise voting at the location
of the voter, ensuring secrecy, for the following persons:
1) voters who are unable to come to the polling premises due
to their state of health and carers of such voters;
2) carers of persons who are ill;
3) voters who are in an inpatient medical treatment
institution due to their state of health;
4) voters on whom a security measure related to deprivation of
liberty has been imposed or who serve a sentence of deprivation
of liberty;
5) voters who are in a place of temporary detention.
(2) [31 October 2013]
(3) [25 May 2023]
(4) The polling station commission shall continue to accept
written submissions on the election day regarding voting at the
location of the voter. Submissions accepted after 12.00 shall be
satisfied by the polling station commission if it is possible to
arrive at the location of the voter up to 20.00.
(5) Information on the voters who, in accordance with this
Section, vote at their location shall be entered on a separate
list of participating voters and the sealed ballot envelopes
shall be placed in a separate sealed ballot box.
(6) The polling station shall be contacted by members of the
polling station if it is not possible for members of the polling
station to ascertain at the location of a voter that the
information on the person is included in the electoral register
and that there is no notation on the participation of this person
in the relevant election. If it is not possible, the voting shall
take place by using a registration envelope in accordance with
the procedures laid down in Section 33.1 of this
Law.
[31 October 2013; 25 October 2018; 25 May 2023]
Section 29. Observers authorised for such purpose are
entitled to supervise voting at the location of voters.
Section 30. (1) A voter who is subject to deprivation
of liberty as the security measure or who is serving a sentence
related to deprivation of liberty and who wishes to vote at the
prison shall submit a submission to the prison administration,
indicating his or her given name, surname, and personal identity
number therein. Application for voting may be made not later than
on the second day before the election day.
(2) The prison administration shall ascertain in the electoral
register whether the person who wishes to vote at the prison has
the right to vote and shall register the submission in the list
of voting at a prison. The prison administration shall verify the
identity of the person in the Register of Natural Persons if a
personal identification document has not been appended to his or
her file.
(3) On the day before the election day, the prison
administration shall deliver the list referred to in Paragraph
two of this Section to the relevant polling station
commission.
(4) On the election day, after the polling station has been
opened and ballot boxes have been sealed, the polling station
commission shall deliver the forms for the list of participating
voters, the ballot papers of all the lists of candidates, ballot
envelopes bearing a stamp of the relevant polling station
commission, and a sealed ballot box to the prison
administration.
(5) The Office of Citizenship and Migration Affairs shall
ensure that the prison administration has access to the electoral
register.
(6) The prison administration shall enter the given name,
surname, personal identity number of a voter in the list of
participating voters and make a notation in the electoral
register online on the participation in the relevant election. If
it is not possible for the prison administration to ascertain
that the information on the person has been included in the
electoral register and a notation on the participation of such
person in the relevant election has not already been made, a
notation in the electoral register on the participation of the
person in the election shall be made by the relevant polling
station commission after receipt of the list of participating
voters in accordance with Paragraph nine of this Section. The
voter shall sign the list of participating voters confirming the
receipt of a complete set of ballot papers containing the lists
of candidates and the ballot envelope.
(7) A voter shall select a ballot paper corresponding to the
list of candidates for which he or she shall vote, if he or she
so wishes, shall make the marks referred to in Section 24 of this
Law, and shall place the ballot paper in the ballot envelope and
seal the envelope. The voter shall insert the sealed ballot
envelope into the ballot box.
(8) The prison administration is prohibited from campaigning
for or against candidates or lists of candidates.
(9) When the voting is over, the prison administration shall
immediately deliver the lists of participating voters, unused
ballot envelopes, and the ballot box to the relevant polling
station.
[25 May 2023]
Section 31. (1) If the voter is unable to vote on the
election day, he or she may cast the vote in advance at any
polling station.
(11) On the days of advance voting, it shall be
possible to vote in polling stations on: Monday before the
election day - from 8.00 to 13.00; on Thursday - from 16.00 to
20.00; on Friday - from 13.00 to 18.00. During this time the
polling station commission shall work in a composition of not
less than three persons.
(2) Voters voting before the general election day shall place
the ballot envelope in a separate sealed ballot box and they
shall be entered in a separate list of participating voters.
(3) The notifications on the location and working hours of
polling stations established in the administrative territory
shall be displayed by the local government election commissions
at the building of the relevant council (or at the place of
provision of information), at the building where the election
commission is located, provided that its location is not in the
building of the council, at buildings where polling stations
established in the administrative territory are located not later
than 10 days before the elections. This information shall be
posted also on the website of the council (indicating the
relevant page of the website of the Central Election
Commission).
[23 April 2009; 31 October 2013; 25 October 2018; 23 May
2019; 25 May 2023]
Section 31.1 Voting for soldiers and
national guardsmen who fulfil service duties in international
military operations shall be organised in accordance with the
procedures determined by the Central Election Commission.
[31 October 2013]
Section 32. (1) Voters staying in foreign countries may
participate in the elections by voting by post or in a polling
station. Voting in polling stations established in foreign
countries shall take place in accordance with the procedures laid
down in Chapter III of this Law.
(2) Application for postal voting shall take place from the
thirty-fifth to the eighth day before the general election day,
using the electronic service available on the portal of State
administration services.
(3) [25 May 2023]
(4) [25 May 2023]
(5) [25 May 2023]
(6) [25 May 2023]
(7) [25 May 2023]
[30 October 2008; 25 October 2018; 25 May 2023]
Section 32.1 [31 October 2013]
Section 33. (1) A voter who has accessed the portal of
State administration services shall print out the voting
materials, select the ballot paper which corresponds to the list
of candidates for which he or she shall vote, if he or she so
wishes, he or she shall make the marks referred to in Section 24
of this Law, and shall place the ballot paper in the ballot
envelope and seal the envelope.
(2) A voter shall place the sealed ballot envelope into the
postal envelope on which the given name, surname of the voter,
the sequential number in the list of postal voters, and the
address of the polling station commission for postal voting shall
be indicated and shall send the envelope, taking into account
that the polling station commission shall open only those
envelopes which are received before the counting of the votes
commences.
(3) If a voter arrives at a polling station on the election
day, he or she may vote in accordance with the procedures laid
down in Chapter III of this Law. The polling station commission
shall, in accordance with the procedures specified by the Central
Election Commission, inform the polling station commission for
postal voting thereof.
[31 October 2013; 25 May 2023]
Section 33.1 (1) If it is not possible for
the polling station commission to ascertain that the information
on the person is included in the electoral register and a
notation has not already been made on the participation of this
person in the election, voting shall take place by using a
registration envelope, and the relevant voters shall be entered
by the polling station commission in a separate list of
participating voters.
(2) A voter shall, on his or her own, perform the activities
specified in Section 24 of this Law, place the sealed ballot
envelope in the registration envelope on which the polling
station commission has indicated his or her given name, surname,
and sequence number in the list of participating voters, seal the
registration envelope, and hand it over to the polling station
commission which shall stamp it with the seal of the relevant
polling station commission and throw it in a sealed ballot
box.
(3) As soon as it is possible to ascertain that the
information on the person has been included in the electoral
register and a notation has not been made therein on the
participation of the person in the election, the polling station
commission shall, without interfering with the voting, verify
this information according to separate lists of participating
voters, make a notation in the electoral register on the
participation of the voter in the election, and mark in the lists
of participating voters whether the vote of the person is
countable.
[25 May 2023]
Chapter V
Counting of Votes and Determination of Election Results
Section 34. (1) The counting of votes shall commence
immediately after the closing of the polling station. Counting is
done by the polling station commission in an open meeting.
(2) Without interfering with the work of the commission, the
meeting may be concurrently attended by no more than two
authorised observers from each political party or alliance of
political parties that has submitted a list of candidates for the
respective election, and also members of the Central Election
Commission, the relevant local government election commission and
persons authorised by these commissions, mass media
representatives.
[17 July 2008; 25 May 2023]
Section 35. Immediately after closing the polling
station, the polling station commission shall, in accordance with
the procedures stipulated by the Central Election Commission,
seal the ballot boxes, close the lists of participating voters,
and prepare the premises for the counting of votes. Election
materials not used in voting shall be packed or placed in a
manner that does not hinder the counting of votes.
[25 May 2023]
Section 36. (1) The polling station commission shall
prepare a vote counting report regarding the counting of votes.
After completion of the counting of votes, the authorised
observers also have the right to become acquainted with the vote
counting report.
1) [31 October 2013];
2) [31 October 2013].
(2) Prior to the opening of ballot boxes, the polling station
commission shall establish the number of received, used and spare
ballot envelopes, the number of voters at the polling station and
at locations of voters. Sealed ballot envelopes which have not
been used in voting shall be cancelled.
(3) The ballot boxes shall be opened subsequent to the
establishment of the information referred to in Paragraph two of
this Section and the packaging of the materials and ballot
envelopes not used in the counting of votes. The ballot boxes
shall be opened one by one and the ballot envelopes shall be
counted.
(4) Ballot envelopes taken out of each ballot box, without
opening them, shall be sorted into valid and invalid ballot
envelopes.
(5) Torn ballot envelopes and ballot envelopes which are not
sealed with a seal of the relevant polling station commission
shall be deemed to be invalid.
(6) Invalid ballot envelopes shall be counted and packaged
unopened, specifying that the pack contains invalid ballot
envelopes and the number thereof. The total number of invalid
ballot envelopes shall be entered in the election procedure
log.
(7) The number of valid ballot envelopes taken out of each
ballot box shall be equal to or less than the relevant number of
voters.
(8) If a ballot box contains ballot papers which are not
inserted in ballot envelopes, they shall be cancelled and
packaged in accordance with the procedures specified by the
Central Election Commission.
[31 October 2013; 25 May 2023]
Section 36.1 (1) If voting with registration
envelopes has taken place (Section 33.1), the polling
station commission shall open the ballot boxes containing the
registration envelopes and shall sort the registration envelopes
into two groups - valid and invalid envelopes. The registration
envelope shall be invalid if:
1) it is not possible to identify the voter - the envelope
does not bear the voter's given name, surname, and sequential
number in the list of participating voters;
2) it has not been stamped with the seal of the relevant
polling station commission;
3) the relevant person cannot be found in the electoral
register;
4) a notation on the participation of the voter in the
election has already been made in the electoral register.
(2) The invalid registration envelopes shall be counted and
packaged unopened. The polling station commission shall open the
valid registration envelopes and count the votes in accordance
with the procedures laid down in this Chapter.
[25 May 2023]
Section 36.2 (1) If, after entering of the
information referred to in Section 36, Paragraph two of this Law
in the vote counting report, the polling station commission
establishes, prior to opening the ballot box containing
registration envelopes, that there remains a significant number
of voters in respect of whom it has not been verified whether the
information on the person has been included in the electoral
register and whether a notation has already been made therein on
the participation of the person in the relevant election, the
polling station commission may announce a break with the
permission of the election commission of the relevant local
government. If the permission of the local government election
commission has been received to announce a break, the polling
station commission shall package or place lists of participating
voters in a separate sealed box prior to announcing the break.
The relevant election commission of the local government may
determine another place where to resume the counting of the votes
and to invite additional specialists from among the voters to
ensure the counting of votes.
(2) If voting has taken place by using registration envelopes
in a polling station abroad, the polling station commission shall
act in accordance with the procedures stipulated by the Central
Election Commission.
[25 May 2023]
Section 37. (1) Subsequent to the counting of the valid
ballot envelopes they shall be opened and concurrently their
content shall be determined:
1) the envelope contains one ballot paper of the relevant
district;
2) the envelope contains more than one ballot paper;
3) the envelope contains a ballot paper of another
district;
4) the envelope contains a torn ballot paper;
5) there is no ballot paper in the envelope.
(2) Envelopes which contained one ballot paper of the relevant
district do not have to be kept after ballot papers are taken
out. Ballot papers from these envelopes shall be placed together
for counting.
(3) Empty ballot envelopes, as well as ballot envelopes which
contained more than one ballot paper or a torn ballot paper, or a
ballot paper of another district shall, together with their
contents, be placed separately.
Section 38. (1) When all the valid ballot envelopes are
opened, the polling station commission shall decide on the
validity of those ballot papers which were in the ballot
envelopes with several ballot papers, torn ballot papers and
ballot papers of another district.
(2) If a ballot envelope contains several absolutely identical
ballot papers, one of them shall be deemed to be valid and added
to the valid ballot papers for counting, but others shall be
deemed to be invalid.
(3) Ballot envelopes containing torn ballot papers, as well as
empty ballot envelopes shall be deemed to be ballot envelopes
without valid ballot papers.
(4) If a ballot envelope contains more than one ballot paper
and these ballot papers are not identical as concerns their
content (also as concerns the marks made), it shall be deemed to
be an envelope without a valid ballot paper.
(5) Differences of opinion regarding the validity of ballot
papers shall be resolved by the polling station commission by
majority vote. In case of a tied vote, the chairperson of the
commission shall have the deciding vote.
(6) Valid ballot papers shall be grouped according to the
names of the lists of candidates in accordance with the
procedures specified by the Central Election Commission.
Afterwards the votes cast for each list of candidates shall be
counted.
(7) The number of votes cast for each list of candidates shall
be entered in the vote counting report. Information regarding the
number of votes cast for each list of candidates shall be
provided in accordance with the procedures specified by the
Central Election Commission.
Section 39. [31 October 2013]
Section 40. (1) Divide the ballot papers of each list
into two groups - changed and unchanged ballot papers. Changed
ballot papers shall be considered to be those on which the voter,
opposite the surname of a candidate in the place provided
therefor, has made a "+" mark or has struck out the given name or
surname of a candidate. Other ballot papers shall be considered
to be unchanged. The changed ballot papers shall be counted in
relation to each candidate in which:
1) alongside his or her surname in the place provided therefor
a mark "+" has been made;
2) his or her given name or surname has been struck out.
(2) The final results of the counting of votes shall be
entered by the polling station commission in the vote counting
report.
(3) Differences of opinion regarding the marks made by voters
on ballot papers shall be resolved by the polling station
commission by majority vote. In the case of a tied vote, the
chairperson of the polling station commission shall have the
deciding vote.
[31 October 2013]
Section 41. (1) The postal envelopes received at the
polling station for postal voting shall be registered and stored
unopened until commencing the counting of votes. The envelopes
received by post shall be opened and counted after the voting has
been completed in all polling stations established abroad.
(2) The envelopes received by post shall be counted
separately, preparing a separate vote counting report.
(3) When starting to count the postal envelopes received, they
shall be sorted into two groups without opening - valid and
invalid postal envelopes.
(4) Such postal envelopes shall be deemed invalid which:
1) have been sent by voters who have not applied for postal
voting;
2) have been sent by voters who have voted at the polling
station;
3) do not bear the voter's given name, surname, and sequential
number in the list of participating voters by post and therefore
it is not possible to identify the voter;
4) have been received after the commencement of the counting
of votes;
5) have been sent from the Republic of Latvia;
6) have been received from voters who have sent several postal
envelopes.
(5) Valid postal envelopes shall be placed together and a
notation shall be made in the list of participating voters by
post that a valid postal envelope has been received. The total
number of valid postal envelopes shall be recorded in the
election procedure log. Invalid postal envelopes shall not be
opened but the total number thereof shall be recorded in the
election procedure log.
(6) In opening a valid postal envelope, it shall be verified
whether it contains only one ballot envelope. If there are
several ballot envelopes in the postal envelope, all of them
shall be deemed invalid. A ballot envelope shall be deemed
invalid if it does not contain a signed form confirming that the
voter has voted in person.
[25 May 2023]
Section 42. After the counting of votes and the
completion of the vote counting report, all valid ballot papers
given, as well as the invalid ballot papers, together with ballot
envelopes, unused and invalid ballot envelopes and one copy of
the vote counting report of the polling station commission shall
be packaged and sealed. The procedures for storing the election
materials shall be determined by the Central Election
Commission.
[17 July 2008; 31 October 2013]
Section 43. [17 July 2008]
Section 44. (1) The members elected shall be determined
by the Central Election Commission. Lists of candidates which
have received less than five per cent of the total number of
votes cast shall not take part in the distribution of member
seats. The number of valid ballot envelopes shall be deemed to be
the total number of votes given (the total number of voters
participating in the election).
(2) In order to distribute the number of member of European
Parliament seats between the other nominated lists of candidates,
the following procedure shall be applied:
1) the number of valid ballot papers given for each list of
candidates shall be determined;
2) the number of ballot papers given for each list of
candidates shall be then sequentially divided by 1, 3, 5, 7 and
so on until the number of divisions is the same as the number of
candidates nominated in the list of candidates;
3) all the acquired divisions for all lists of candidates
shall be numbered in common descending order;
4) seats of members shall sequentially be received by those
lists of candidates which conform to the largest divisions. If
the division the sequential number of which is equal to the
number of members of parliament to be elected is equal to one or
more following divisions, the member of parliament seat shall be
received by the list of candidates which was registered
first.
Section 45. In each list of candidates, the nominated
candidates shall be listed according to the number of votes
received. The number of votes received by a candidate shall be
equal to the number of votes which were received by the list of
candidates in which this candidate was included, minus the number
of ballot papers in which the given name or surname of this
candidate was struck out, plus the number of those ballot papers
in which voters made a "+" mark alongside the surname of this
candidate. If two or more candidates of one list of candidates
have received an equal number of votes, they shall be mutually
listed in the order provided for by the submitters of the list of
candidates. Those candidates who have received the largest number
of votes shall be elected, but the remainder shall be recorded as
candidates in such order as they were listed according to the
number of votes, which were received by them.
Section 46. If the elected member of the European
Parliament has died, resigned or has lost or laid down his or her
mandate due to other reasons, the next candidate from the same
list of candidates from which the previous member of parliament
was elected shall come in his or her place.
Section 46.1 A member of the European
Parliament who is convicted of a criminal offence shall lose his
or her mandate and the next candidate from the same list of
candidates from which the previous member was elected shall come
in his or her place.
[27 October 2022]
Section 47. If, due to the reasons provided for in
Section 46 of this Law, a list of candidates has insufficient
candidates, the procedures laid down in Section 44 of this Law
shall be used to decide from which list of candidates the next
member shall be selected.
Chapter
VI
Final Provisions
Section 48. (1) The final election results, also the
results on the number of votes received by each candidate in each
list of candidates in each polling station shall be compiled
within a period of three months in a separate publication to be
published on the website of the Central Election Commission.
(2) Lists of the persons who were candidates and who were
elected shall be compiled within a period of two months and sent
to the European Parliament.
[31 October 2013]
Section 49. After the end of the time limit for
contesting the election results, the vote counting reports and
lists of participating voters of the polling station commissions
shall be transferred to the National Archives of Latvia.
[31 October 2013; 25 May 2023]
Section 50. (1) The submitters of the lists of
candidates, as well as the nominated candidates have the right to
appeal this decision in court within a period of seven days from
the day when the Central Election Commission has taken the
decision.
(2) Submission of application to a court shall not suspend the
operation of the decision referred to in Paragraph one of this
Section.
(3) The application shall be submitted to the Administrative
Regional Court.
(4) The court shall examine the case as the court of first
instance. The case shall be examined in the composition of three
judges.
(5) The court shall examine the case and take a ruling within
seven days from receipt of the application.
(6) An applicant shall specify the justification for the
application. The burden of proof shall lie with the participants
to the administrative proceedings.
(7) A ruling of the court, as well as other decisions which
are taken in performing procedural actions for the examination of
the submitted application or initiated case shall not be subject
to appeal.
[31 October 2013]
Section 51. The persons who hinder voters from
participation in elections or from conducting campaigns with
violence, fraud, threats, bribery or in other illegal ways, or
have voted or stood as candidates several times in the same
elections, or have knowingly submitted false information on
themselves in the documents referred to in Section 11 of this
Law, or in any other way falsified election documents, or have
knowingly incorrectly counted votes, or have not respected the
secrecy of voting, or have in other ways violated this Law shall
be held liable as provided for by laws and regulations.
Section 52. Expenditures associated with the
preparation and holding of elections shall be covered from the
State budget funds allocated to the Central Election
Commission.
Transitional
Provision
Citizens of the Czech Republic, the Republic of Estonia, the
Republic of Cyprus, the Republic of Lithuania, the Republic of
Malta, the Republic of Poland, the Republic of Slovakia, the
Republic of Slovenia and the Republic of Hungary may be
registered as voters or candidates at 2004 elections to the
European Parliament in the Republic of Latvia. If any of these
countries has not become a Member State of the European Union on
the election day, its citizens - voters - shall be deleted from
the electoral roll (register) and candidates shall be deleted
from the list of candidates.
Informative
Reference to European Union Directive
[31 October 2013]
The Law contains legal norms arising from:
1) Council Directive 93/109/EC of 6 December 1993 laying down
detailed arrangements for the exercise of the right to vote and
stand as a candidate in elections to the European Parliament for
citizens of the Union residing in a Member State of which they
are not nationals;
2) Council Directive 2013/1/EU of 20 December 2012 amending
Directive 93/109/EC as regards certain detailed arrangements for
the exercise of the right to stand as a candidate in elections to
the European Parliament for citizens of the Union residing in a
Member State of which they are not nationals.
The Law shall come into force on the day following its
proclamation.
The Law has been adopted by the Saeima on 29 January
2004.
President V. Vīķe-Freiberga
Rīga, 11 February 2004
1The Parliament of the Republic of
Latvia
Translation © 2024 Valsts valodas centrs (State
Language Centre)