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Teksta versija
LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 12.02.2004.–08.05.2006.
Amendments not included: 06.04.2006., 17.07.2008., 30.10.2008., 23.04.2009., 13.12.2012., 12.09.2013., 31.10.2013., 03.03.2016., 25.10.2018., 23.05.2019.
Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson.

The Saeima 1 has adopted
and the President has proclaimed the following Law:

Elections to the European Parliament Law

Chapter I
General Provisions

Section 1.

This Law shall prescribe the procedures by which elections 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 Latvian citizen; and

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 on polling day has reached 18 years of age has the right to vote if information regarding this person has been entered in the electoral register in Latvia and none of the restrictions referred to in Section 3 of this Law applies to such person.

Section 3.

In the Republic of Latvia the following persons do not have the right to elect the European Parliament:

1) persons who according to the procedures prescribed by law are recognised as lacking the capacity to act;

2) persons who are serving sentences in places of deprivation of liberty; and

3) persons who do not have the right to vote in the Member State of the European Union of which they are citizens.

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 Latvian citizen; and

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 on polling day has reached 21 year of age has the right to stand as a candidate if information regarding this person has been entered in the electoral register in Latvia and none of the restrictions referred to in Section 5 of this Law applies 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) has been recognised as lacking the capacity to act according to the procedures prescribed by law;

2) is serving a sentence in a place of deprivation of liberty;

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 rehabilitated; or

4) at the time of the committing of a crime provided for in the Criminal Law was in a state of irresponsibility, state of limited responsibility or also after the committing of the criminal offence became mentally ill, which took away the capacity to understand his or her actions or to control them and to whom in relation to this a compulsory measure of a medical nature has been applied or also the matter has been terminated without the application of such a compulsory measure.

(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.

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 personally or by post not later than 30 days before the elections submit a submission to the Central Electoral 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 (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) address in a foreign state to which documents for postal voting shall be sent if he or she wishes to vote by post;

7) the constituency in a Member State of the European Union where the person until now was entered on an electoral roll, if any; and

8) an undertaking to exercise his or her voting rights only in the Republic of Latvia.

(4) The Central Electoral 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 the person is refused participation in the voting, the decision of the Central Electoral Commission may be disputed in court in accordance with the procedures set out in the Administrative Procedure Law.

(5) The Central Electoral Commission is entitled to verify in the home state of the person, whether the right of the relevant person to elect the European Parliament has not been restricted.

(6) The Central Electoral 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.

Section 7.

The President, a member of the Saeima, a member of the Cabinet, a councillor of a city council, district council, county council or parish 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 State official, as well as the relevant member or councillor mandate.

Section 8.

The Republic of Latvia is a single electoral constituency.

Chapter II
Submission of Lists of Candidates

Section 9.

(1) A list of candidates may be submitted by:

1) a political organisation (party) registered in the Republic of Latvia; or

2) a political organisation (party) association registered in the Republic of Latvia.

(2) Lists of candidates shall be submitted to the Central Electoral Commission. A person who has been authorised by the decision-making body of the relevant political organisation (party) or political organisation (party) association shall submit the list of candidates.

(3) Lists of candidates may be submitted commencing from the eightieth day prior to polling day. The last day for the submission of lists of candidates is the sixty-fifth day prior to polling day.

Section 10.

(1) The list of candidates shall indicate the given name, surname, personal identity number (if any), year of birth, citizenship, place of residence (district or republic city), education and place of employment 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 organisation (party) if the list of candidates is submitted by a political organisation (party); or

2) the name of the relevant political organisation (party) association if the list of candidates is submitted by a political organisation (party) association.

(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 Electoral Commission.

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;

2) a pre-election programme signed by all the candidates included in the list of candidates, the size of which may not exceed 4000 characters;

3) a declaration signed by every candidate included in the list of candidates, that he or she complies with the requirements of Section 4 of this Law and the restrictions referred to in Section 5 do not apply to him or her. In relation to citizens of the European Union who are not Latvian citizens, the list of candidates shall have appended a certification that the relevant candidate has not been deprived of the right to stand as a candidate in elections to the European Parliament in such Member State of the European Union or that such a prohibition is not known;

4) information signed by every candidate included in the list of candidates, specifying the following data regarding the candidate:

a) given name, surname, year of birth and sex,

b) personal identity number or voter code,

c) citizenship,

d) place of residence (district or republic city),

e) place of employment,

f) which educational institutions have been completed (which year, which speciality or programme),

g) whether he or she is or has been in staff positions in the State security service, intelligence or counter-intelligence service of the USSR, the Latvian S.S.R. or of foreign states,

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 S.S.R. as a non-staff employee of theses services, an agent, a resident or keeper of safe house, and

i) whether after 13 January 1991, he or she has or has not worked in the C.P.S.U. (L.C.P.), the Working People's International Front of the Latvian S.S.R., the United Council of Labour Collectives, the Organisation of War and Labour Veterans, the All-Latvia Salvation of Society Committee or its regional committees.

(2) If a candidate wishes, the following information signed by him or her shall be attached to the list of candidates:

1) positions (including positions in associations, trade unions, political, religious and other public organisations);

2) marital status; and

3) self-assessment of the fluency in the Latvian language and other official languages of the European Union.

Section 12.

(1) The Central Electoral Commission shall register only such lists of candidates the submitters of which have paid in deposit with the Central Electoral Commission a 1000 lats security deposit.

(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. This document shall be submitted to the Central Electoral Commission.

(3) The security deposit, which 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 Electoral Commission into the State budget.

Section 13.

(1) Not later than 50 days prior to polling day, the Central Electoral Commission shall send to the competent authorities of other Member States of the European Union lists of those citizens of the European Union who are registered in the Republic of Latvia as candidates.

(2) Not later than 19 days prior to polling day, the Central Electoral Commission shall 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 Electoral 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 not 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 Electoral Commission shall delete such person from the list of candidates.

(4) If the Central Electoral 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 register.

Section 14.

(1) The Central Electoral 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 Electoral 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 Electoral 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, or

c) the candidate has died; or

2) by making corrections of a technical nature.

(3) A candidate shall be deleted from a list of candidates on the basis of a statement issued 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) has been recognised as not having the capacity to act - shall be certified by the Office of Citizenship and Migration Affairs;

5) is serving a sentence in a place of deprivation of liberty 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 Ministry of the Interior Information Centre;

6) at the time of committing a crime provided for in the Criminal Law was in a state of incapacity, state of diminished mental capacity or also after the committing of the criminal offence became mentally ill, which took away the capacity to understand his or her actions or to control them - shall be certified by the Ministry of the Interior Information Centre;

7) by the polling day has not reached 21 years of age or information regarding him or her has not been included in the electoral register - shall be certified by the Office of Citizenship and Migration Affairs; or

8) has died - shall be certified by the Office of Citizenship and Migration Affairs.

(4) The State administrative institutions of the Republic of Latvia referred to in Paragraph three of this Section shall submit the relevant information in writing to the Central Electoral Commission without charge within a period of five 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 Electoral 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 of the votes and calculation of election results the votes cast for the relevant person shall not be counted.

Section 15.

(1) The Central Electoral Commission shall number the lists of candidates, determining their numbers by lottery. The lottery shall take place in the sequence of registration of the lists.

(2) The Central Electoral Commission shall ensure the printing of the lists of candidates on separate forms - ballot papers - and the conveyance thereof to electoral commissions.

(3) The ballot paper shall indicate:

1) the number of the list of candidates;

2) the name of the list of candidates; and

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 Electoral Commission shall ensure that in the newspaper Latvijas Vēstnesis [the official Gazette of the Government of Latvia], no later than 20 days before polling day the following information is published:

1) the pre-election programmes; and

2) all the lists of candidates and other data regarding candidates prescribed in this Law, except for the personal identity number of candidates.

Chapter III
Election Procedures

Section 17.

At least 10 days prior to polling day the information referred to in Section 16 of this Law, except for the personal identity number of candidates, shall be available at every polling station.

Section 18.

The elections shall take place once every five years on the second Saturday of June from 7 o'clock in the morning till 10 o'clock in the evening Latvian time.

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 report of the election procedures in accordance with the procedures specified by the Central Electoral Commission.

Section 20.

(1) On polling day at 7 o'clock in the morning the chairperson or the secretary of the polling station commission shall, in the presence of the polling station commission, be satisfied 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 procedures of voting at the polling station may be concurrently observed by not more than two authorised observers from each political organisation (party) or political organisation (party) association which has submitted a list of candidates for the relevant elections, as well as by members of the Central Electoral Commission and the electoral commission of the relevant district (republic city) and persons authorised by these commissions, members of the electoral commission of the relevant city, county or parish, and mass media representatives. A candidate may not act as an authorised observer.

Section 21.

During the election, the chairperson of the polling station commission shall perform supervision of the procedures in the electoral premises. He or she shall ascertain that in the electoral 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 canvassing does not occur.

Section 22.

(1) A voter, upon presenting a personal identification document valid in the Republic of Latvia, shall vote at the polling station in the electoral roll of which he or she is registered.

(2) A voter may only vote in person, except for the cases provided for in Section 25 of this Law.

Section 23.

(1) Voting in the elections shall be by secret ballot.

(2) In the election premises, a member of the polling station commission, having previously satisfied himself or herself that the information regarding the person are included in the electoral roll and it does not contain a notation regarding participation of this person in the relevant elections, shall enter a notation on the electoral roll regarding the participation of the voter in the relevant elections. The voter shall sign the electoral roll.

(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 voter shall place in this envelope the ballot paper that conforms to the list of candidates for which he or she has voted. The issuing of separate ballot papers is prohibited.

(4) Members of the polling station commission are prohibited from canvassing for or against candidates or lists of candidates.

Section 24.

(1) A separate room or section shall be installed in the election premises where the 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 the 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 alongside the surname of a candidate if he or she especially supports the election of such 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. A voter may also place an unchanged ballot paper (without marks) into the ballot envelope.

(4) The voter shall personally place the sealed envelope in the presence of a member of the polling station commission in a sealed ballot box.

(5) If the voter prior to placing the ballot paper in the ballot envelope and sealing it has damaged the paper or the envelope, he or she shall be issued with a new envelope or new ballot papers of all nominated lists of candidates. A voter shall sign in a separate list for receipt of new ballot papers or ballot envelope.

Section 25.

If due a physical disability a voter cannot himself or herself vote or sign the electoral roll, in the presence of the voter and on the basis of his or her instructions notations on the ballot paper shall be made or the electoral roll 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. A relevant notation shall be made in the electoral roll regarding this. Such person may not be a member of the relevant polling station commission.

Section 26.

On polling day after 10 o'clock in the evening ballot papers may be placed only by those voters who were in the electoral premises prior to 10 o'clock in the evening. After that the election premises are closed.

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 report. Any complaint regarding the election procedures shall be examined without delay and a reply given to the submitter of the complaint, but the content of the complaint shall be recorded in the election procedure report.

Chapter IV
Exceptions to General Voting Procedures

Section 28.

(1) If a voter due his or her state of health is unable to come to the election premises, the polling station commission shall, on the basis of a written submission from such voter or his or her authorised person which shall be registered in a special journal, organise voting at the place where such voter is located, ensuring secrecy.

(2) Voting at the place where a voter is located shall be organised also for the carers of the persons referred to in Paragraph one of this Section if they submit in good time a written submission regarding voting at the place where they are located.

(3) Voting at the place where a voter is located shall take place only if the voter is located in the territory of the polling station on the electoral roll of which information regarding him or her has been included.

(4) The polling station commission on polling day shall continue to accept written submissions regarding voting at the place where a voter is located. Submissions accepted after 12 noon shall be satisfied by the polling station commission if it is possible to arrive at the place where a voter is located up to 10 o'clock in the evening.

(5) Information regarding the voters who in accordance with this Section vote at the place where they are located shall be entered on a separate electoral roll and sealed ballot envelopes shall be placed in a separate sealed ballot box.

Section 29.

Observers authorised for such purpose are entitled to supervise voting at the place where voters are located.

Section 30.

(1) If on polling day a voter due to his or her state of health is in an in-patient medical treatment institution, irrespective of the fact in the electoral roll of which polling station he or she is registered, voting shall be organised at the place where such voter is located.

(2) In accordance with the procedures specified by the Central Electoral Commission the relevant city, county or parish electoral commission shall provide for the organisation of voting at the in-patient medical treatment institutions located in the territory of the relevant city, county or parish. Information regarding voters shall be entered on a separate electoral roll.

(3) 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 sealed ballot envelope shall be placed in a registration envelope on which the voter's given name, surname, sequential number under which the voter is registered in the electoral roll shall be indicated. The registration envelope shall be sealed and handed over to the polling station commission.

(4) In accordance with the procedures specified by the Central Electoral Commission a polling station commission shall register the registration envelopes and keep them unopened until the counting of the votes is commenced (Chapter V).

(5) For suspected persons, accused persons or defendants if imprisonment has been applied against them as a security measure voting shall be organised at their place of location in accordance with the procedures prescribed in Paragraphs one to four of this Section.

Section 31.

(1) If a voter on polling day will not be able to vote at his or her polling station, he or she may vote in advance, arriving at the polling station in the electoral roll of which he or she is registered three days prior to the general polling day. The working hours of polling stations on these days shall be not less than four hours per day. During this time the polling station commission shall work in a composition of not less than three persons.

(2) Voters voting before the general polling day shall place the ballot envelope in a separate sealed ballot box. The electoral commission shall make a notation in the electoral roll that a voter has voted in advance.

Section 32.

(1) Voters residing in foreign states may participate in the elections by voting by post.

(2) A voter shall submit an application for voting by post to the diplomatic or consular missions specified by the Central Electoral Commission not later than 42 days prior to polling day, by arriving in person or sending it by post. In the application the voter shall specify his or her given name, surname, personal identity number, residential address and address in a foreign state to which voting materials are to be sent.

(3) A diplomatic or consular mission of the Republic of Latvia shall send the applications of voters to the polling station for postal voting.

(4) The application may be sent by post or handed over directly at the polling station for postal voting.

(5) The commission of the polling station for postal voting shall examine applications, which it has received not later than 30 days prior to the elections.

(6) Having received the applications, the polling station commission for postal voting shall:

1) verify whether the submitter is a voter who has not yet received election documents for voting by post;

2) make a notation in the electoral register regarding the application by the person to participate in the relevant elections by postal vote;

3) not later than 24 days prior to polling day send to the voter by registered letter to the address specified in the application ballot papers of all lists of candidates nominated, a ballot envelope stamped with the seal of the polling station commission for postal voting, a registration envelope and information regarding the procedures as to how voting is done, indicating also the sequential number with which the voter is registered in the electoral roll for voting by post and the address of the polling station to which the ballot envelope is to be sent.

(7) If the applicant exceeds the time limit prescribed in Paragraph five of this Section or is not a voter, the polling station commission shall by a reasoned decision refuse to send election documents. This decision shall be sent in a registered letter to the applicant to the address specified by him or her.

Section 33.

(1) A voter who has received the documents for voting by post shall select the ballot paper which corresponds 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.

(2) The voter shall place the sealed ballot envelope into the registration envelope on which shall be indicated his or her given name, surname and the sequential number under which he or she is registered in the electoral roll and the address of the polling station commission for postal voting 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 on polling day a voter comes to a polling station and denies having voted by post, he or she may vote in accordance with the general procedures and the polling station commission in accordance with the procedures specified by the Central Electoral Commission shall inform the polling station commission for postal voting thereof.

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 not more than two authorised observers from each political organisation (party) or political organisation (party) association which have submitted a list of candidates for the relevant elections, as well as by members of the Central Electoral Commission and the electoral commission of the relevant district and persons authorised by these commissions, members of the electoral commission of the relevant city, county or parish and journalists.

Section 35.

Immediately after the closing of the polling station, the polling station commission shall, in accordance with procedures specified by the Central Electoral Commission, seal the ballot boxes, close the electoral rolls 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.

Section 36.

(1) In respect of the counting of votes the polling station commission shall write a vote counting report in two copies. The authorised observers after completion of the counting of votes shall also have the right to become acquainted with the vote counting report. The vote counting report shall consist of two parts:

1) preliminary counting of votes (hereinafter - the first part of the vote counting report); and

2) final results of vote counting (hereinafter - the second part of the vote counting report).

(2) Prior to the opening of ballot boxes, the polling station commission shall enter in the first part of the vote counting report information regarding the received, used and spare ballot envelopes, the number of voters at the polling station and at places where voters were located. Sealed ballot envelopes, which have not been used in voting, shall be cancelled.

(3) Subsequent to the entering of the information referred to in Paragraph two of this Section in the first part of the vote counting report and the packaging of materials and ballot envelopes not used in the counting of votes, the ballot boxes shall be opened. 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 first part of the vote counting report.

(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 Electoral Commission.

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 constituency;

2) the envelope contains more than one ballot paper;

3) the envelope contains a ballot paper of another constituency;

4) the envelope contains a torn ballot paper; or

5) there is no ballot paper in the envelope.

(2) Envelopes, which contained one ballot paper of the relevant constituency, 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 constituency 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 constituency.

(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) 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 the polling station commission shall resolve by majority vote. In the case of the votes dividing equally the chairperson of the commission shall have the deciding vote.

(6) Valid ballot papers, in accordance with the procedures specified by the Central Electoral Commission, shall be grouped according to the names of the lists of candidates. 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 Electoral Commission.

Section 39.

(1) After the preliminary counting of votes, the polling station commission shall sign the first part of the vote counting report and prior to announcing a break pack the following in one package:

1) all submitted valid ballot papers;

2) all ballot envelopes with invalid ballot papers;

3) one copy of the vote counting report; and

4) electoral rolls.

(2) The package shall be sealed with a seal of the polling station commission. The authorised observers present also have the right to seal this package with their seals or sign on it in respect of which a reference in the election procedure report shall be made.

(3) During the break the packed election materials shall be left under supervision of the police or National Guard.

Section 40.

(1) When resuming work after the break, the polling station commission shall in an open meeting and in accordance with the procedures specified by the Central Electoral Commission:

1) re-count the valid ballot papers;

2) re-count the ballot papers of each list;

3) 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, alongside 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;

4) in relation to each candidate, count the changed ballot papers in which:

a) alongside his or her surname in the place provided therefor a mark "+" has been made; and

b) 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 second part of the vote counting report.

(3) Differences of opinion regarding the marks made by voters on ballot papers the polling station commission shall resolve by majority vote. In the case of the votes dividing equally the chairperson of the polling station commission shall have the deciding vote.

Section 41.

(1) At the polling station for postal voting and polling stations organising voting at the place where the voter is located, prior to commencing the counting of votes the validity of the received registration envelopes shall be determined.

(2) Registration envelopes which have been received from voters recorded on the electoral roll and who have not voted in person at their polling station shall be deemed to be valid. Registration envelopes shall be deemed to be invalid if:

1) they have been sent in postal voting by persons who are not registered on the electoral roll;

2) they have been sent in postal voting by voters who on polling day or on a day of advance voting have arrived at their polling station and have denied having voted by post;

3) they do not bear the voter's given name, surname and sequential number in the electoral roll for postal vote;

4) they have been received after commencement of the counting of votes at the relevant polling station; or

5) they have been submitted by voters who on polling day or on a day of advance voting have voted at their polling station.

(3) If one and the same voter has sent by post or at the place where the voter is located has submitted several registration envelopes, the polling station commission shall open none of them.

(4) The registration envelopes referred to in Paragraphs two and three of this Section shall be registered and kept in accordance with the procedures specified by the Central Electoral Commission.

Section 42.

After the counting of votes and the completion of the vote counting report, all valid ballot papers given, as well as invalid ballot papers together with ballot envelopes, unused sealed and invalid ballot envelopes and one copy of the vote counting report of the polling station commission shall be packaged and sealed. The authorised observers present also have the right to seal this package with their seals or sign on it regarding which a reference shall be made in election procedure report. Unused unsealed ballot envelopes shall be packaged separately. Following this, the polling station commission in accordance with the procedures specified by the Central Electoral Commission shall send election materials to the district (republic city) electoral commission.

Section 43.

The district (republic city) electoral commissions shall receive and count all of the vote counting results of the polling stations located in their territory on the basis of the vote counting reports, and the election materials together with their vote counting report shall be sent to the Central Electoral Commission according to its specified procedures.

Section 44.

(1) The members elected shall be determined by the Central Electoral 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 regarding all lists of candidates shall be numbered in common descending order;

4) member of parliament seats 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 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 according to the sequence provided for by the submitters of the list of candidates. Those candidates shall be elected who have received the largest number of votes, but the remainder shall be recorded as candidates in such sequence 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 due to other reasons has lost or laid down his or her mandate, in his or her place shall come the next candidate from the same list of candidates from which the previous member of parliament was elected.

Section 47.

If due to the reasons referred to in Section 46 of this Law, a list of candidates has insufficient candidates, the procedures specified in Section 44 of this Law shall be utilised to decide from which list of candidates the next member of parliament shall be selected.

Chapter VI
Final Provisions

Section 48.

(1) The final election results, also the results regarding the number of votes received by each candidate in each list of candidates in each polling station shall be compiled within a period of six months and published in a separate publication which shall be freely available in State libraries.

(2) The lists of persons who were candidates and who were elected shall be compiled within a period of two months and sent to the European Parliament.

Section 49.

After the publication of the results of the elections according to the procedures specified in Section 48, Paragraph one of this Law, all vote counting reports and electoral rolls of the electoral commissions shall be transferred to the State Archive of Latvia.

Section 50.

The submitter of the list of candidates, as well as the nominated candidates have the right within a period of seven days from the day of the taking of the decision by the electoral commission to appeal this decision in court in accordance with the procedures set out in the Administrative Procedures Law.

Section 51.

Persons who with violence, fraud, threats, bribery or in other illegal ways hinder voters from participating in elections or to canvass, or in the same elections have voted or been candidates several times, or have knowingly submitted false information about 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 observed the secrecy of voting, or have in other ways violated this Law shall be held liable as provided for in regulatory enactments.

Section 52.

Expenditures associated with the preparation for elections and their procedures shall be covered from the State budget funds allocated to the Central Electoral 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 states has not become a Member State of the European Union on polling 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 Directives

This Law contains legal norms arising from Directive 1993/109/EC.

This Law shall come into force on the day following its proclamation.

This Law has been adopted by the Saeima on 29 January 2004.

President V. Vīķe-Freiberga

Rīga, 11 February 2004

 


1 The Parliament of the Republic of Latvia

Translation © 2004 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 29.01.2004.Entry into force: 12.02.2004.Theme:  ElectionPublication: Latvijas Vēstnesis, 22 (2970), 11.02.2004.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 5, 11.03.2004.
Language:
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