REPUBLIC OF LITHUANIA
LAW ON ELECTIONS TO THE SEIMAS
1. GENERAL PROVISIONS
Article 1. The Principles of Elections of Seimas Members
Members of the Seimas of the Republic of Lithuania
(hereafter referred to as "the Seimas") shall be elected for a
four-year term in one-candidate or multi-candidate electoral
districts by secret ballot and on the basis of universal and
equal suffrage in direct mixed system elections. (Amended 16
March 1993)
Article 2. Universal Suffrage
Citizens of the Republic of Lithuania who, on the day of the
election, are 18 years of age shall have the right to vote.
Citizens who have been declared incapable by court shall not
participate in elections.
Any citizen of the Republic of Lithuania who is not
connected with a foreign state by oath or pledge, who permanently
resides in Lithuania, and who, on the day of elections, is at
least 25 years of age, shall be eligible to be elected to a
member of the Seimas.
Persons who have not completed a court-imposed sentence or
who have been declared incapable by the court shall not be
eligible to be elected to members of the Seimas.
Persons who are in the national defence service or the
alternative service, as well as officers, non-commissioned
officers and re-enlistees of the national defence system, the
police force, and the internal affairs service who have not
retired from service, and officers of other militarized and
security services who are on the payroll shall not be eligible to
be elected to members of the Seimas.
Other direct or indirect abridgments of the right to vote of
citizens of the Republic of Lithuania on the grounds of their
descent, political convictions, social or property status,
nationality, sex, education, language, religion, or the type or
character of their occupation shall be prohibited. (Amended 16
March 1993)
Article 3. Equal Suffrage
Every citizen of the Republic of Lithuania who has the right
to vote shall have one vote in a one-candidate or multi-candidate
electoral district; the vote of every citizen who has the right
to vote shall be of equal weight.
All citizens shall be represented in the Seimas on an equal
basis according to the representation quota which shall be
established before every election.
Article 4. Direct Elections
There shall be no voting by proxy in elections of Seimas
deputies.
Article 5. Secret Ballot
Voters shall vote in person and by secret ballot.
Controlling the will of the voters in elections shall be
prohibited.
Article 6. Making the Preparation and Execution of
Elections Public
State institutions and electoral committees shall prepare
and conduct elections publicly. Public notice must be given of
all events (meetings, sessions) related to the organization of
elections at least two days prior to the opening of the event.
The electoral committees shall inform the citizens about
their work, the formation of electoral areas (apygarda) and
electoral districts (apylinke), the membership of the electoral
committees, the location of their offices and their working hours,
the lists of voters, the results of the registration of candidates
to the members of the Seimas, and the voting and election results.
The mass media shall report on the preparation and execution
of Seimas elections. Representatives of the mass media shall have
the right to participate without restrictions in all events
organized by the electoral committees, as well as to obtain
information about the preparation and execution of elections.
Article 7. Expenses Related to the Preparation and Execution
of Elections
The State shall reimburse expenses related to the
preparation and execution of elections.
2. Electoral Areas and Electoral Districts
Article 8. Formation of Electoral Areas
For the organization and execution of elections, the
territory of the Republic of Lithuania shall be divided into 71
one-candidate electoral areas, taking into consideration the
number of inhabitants and the administrative-territorial
division. The number of inhabitants in the electoral areas must
not differ by more than 25 percent. The Central Electoral
Committee shall establish the size of electoral areas and their
boundaries and centers, and shall make the information public no
later than 75 days prior to the election day. (Amended 4 August
1992)
One multi-candidate electoral area shall also be formed
where all citizens of the Republic of Lithuania having the right
to vote shall cast their votes. 70 deputies of the Seimas shall
be elected in the said electoral area according to the
proportional system of elections.
Article 9. Formation of Electoral Districts
Electoral areas shall be divided into electoral districts.
The electoral committee of the electoral area shall establish, at
least 45 days prior to the election day, the division of every
electoral area into electoral districts, and the number and size
of electoral districts.
No more than 5,000 voters may reside in the territory of an
electoral district. (Amended 16 March 1993)
The electoral committee of an electoral area must, within 7
days of the approval of the list of electoral districts, inform
the voters of the boundaries of every electoral district, as
well as its quarters and place of polling.
3. Organization of Elections
Article 10. Electoral Committees
Elections to the Seimas shall be organized and conducted by:
1) the Central Electoral Committee;
2) the electoral committees of electoral areas; and
3) the electoral committees of electoral districts.
Members of the electoral committees may not be candidates to
the Seimas. (Amended 16 March 1993)
Article 11. Formation of the Central Electoral Committee
The Central Electoral Committee shall be the supreme
institution for the organization of elections.
The Seimas shall form the Central Electoral Committee no
later than 90 days before the day of the general elections to the
Seimas.
The Central Electoral Committee shall be formed for a four-
year period and shall be composed of:
a Committee Chairperson;
three persons having higher legal education and who are
chosen by lot from the six candidates proposed by the Minister of
Justice; and
three persons having higher legal education and who are
chosen by lot from the six candidates proposed by the Lithuanian
Lawyers' Society.
The Minister of Justice and the Lithuanian Lawyers' Society
may propose more candidates to the Central Electoral Committee.
The drawing of lots during a Seimas sitting shall be
organized by the Chairperson or deputy chairperson of the Seimas.
Political parties and political organizations which have
received mandates of Seimas members in multi-candidate electoral
areas shall each have the right to propose one representative to
the Central Electoral Committee from the one list of candidates
(joint list) presented in the multi-candidate electoral area
prior to the formation of the Committee.
The Seimas may not reject proposed candidates.
In all cases, persons appointed to the Central Electoral
Committee from the candidates proposed by the Minister of Justice
and the Lithuanian Lawyers' Society must make up more than 1/2 of
the Committee members. If these persons make up less than 1/2 of
the members, the Committee shall be enlarged according to the
procedure established in this Article by drawing lots equally
from the candidates proposed by the Minister of Justice and the
Lithuanian Lawyers' Society, whose number must be twice as much
as is necessary for the additional appointment of members to the
Central Electoral Committee.
The Seimas shall appoint the Chairperson of the Central
Electoral Committee. The Chairperson of the Central Electoral
Committee as well as the members of the Committee who were
appointed to the Committee by lot must suspend their membership
in any political parties and political organizations which they
are members of, and may not take part in the activities or carry
out the instructions of said parties or organizations while
working in the Committee.
The Central Electoral Committee shall elect the deputy
chairperson and secretary of the Committee during its sitting.
The deputy chairperson shall be elected from among the members
who do not represent political parties or political
organizations. (Amended 16 March 1993)
Article 12. The Powers of the Central Electoral Committee
The Central Electoral Committee shall:
1) divide the territory of Lithuania into one-candidate
electoral areas and establish their borders;
2) establish electoral committees of electoral areas;
3) accept application documents concerning the nomination of
candidates to the Seimas, examine them, register the candidates,
and announce the lists of nominated candidates of the political
parties, political organizations and coalitions which participate
in the elections and the numbers provided for them as well as the
candidates nominated in one-candidate electoral areas;
4) establish the samples and forms of ballot-papers and
other documents used during the elections, as well as packages,
stamps, and samples for their completion, and the procedure for
sealing ballot-papers;
5) manage funds allocated by the State for elections;
6) supervise the implementation of this Law;
7) consider complaints and adopt resolutions concerning
decisions of electoral committees of electoral areas and
electoral committees of electoral districts;
8) exercise the functions of electoral committees of multi-
candidate electoral areas;
9) establish and publicize the final results of the
elections;
10) issue certificates of members of the Seimas of the
Republic of Lithuania to the elected candidates;
11) hand over voter lists, vote calculation and other records
of electoral committees to the State Archives; and
12) execute other powers provided for in this Law.
The Central Electoral Committee may not interpret the
provisions of this Law. If it is necessary to do so, the Central
Electoral Committee shall appeal to the Seimas for the amendment
of this Law. The Seimas shall consider questions submitted by the
Central Electoral Committee according to the procedure of special
urgency. (Amended 16 March 1993)
Article 13. Formation of Electoral Committees of Electoral
Areas
The Central Electoral Committee shall form electoral
committees of electoral areas within 20 days of the formation of
the Committee.
If elections are held in one or several electoral areas,
electoral committees of those electoral areas shall be formed
within 20 days of the day of the adoption of the resolution on
the announcement of the elections.
Electoral committees of electoral areas shall be composed
of:
two persons who reside or work in that town or region, who
have higher legal education, and who are nominated by the
Minister of Justice;
two persons who reside or work in that town or region, who
have higher legal education, and who are nominated by the
Lithuanian Lawyers' Society.
The Minister of Justice and the Lithuanian Lawyers' Society
may also propose more candidates.
Political parties and political organizations which have
received the mandates of members of the Seimas in the multi-
candidate electoral area pursuant to the list of candidates
(joint list) nominated in this electoral area shall each have the
right to propose two representatives from this single list of
candidates (joint list) nominated in the electoral area to
electoral committees of electoral areas. The Central Electoral
Committee may not reject said candidates. In the event that
candidates have not been proposed, the Central Electoral
Committee may in their place additionally appoint as members of
the Committee candidates who have been proposed by the Minister
of Justice and the Lithuanian Lawyers' Society.
In all cases, persons who have been appointed to electoral
committees of electoral areas from the candidates proposed by the
Minister of Justice and the Lithuanian Lawyers' Society must make
up at least 1/3 of all the Committee members. If these people
make up less than 1/3 of the Committee, the Committee shall be
enlarged equally from the candidates proposed by the Minister of
Justice and the Lithuanian Lawyers' Society.
The Central Electoral Committee shall appoint the
chairpersons of the electoral committees of electoral areas.
During its first sitting, the electoral committee of an
electoral area shall elect a deputy chairperson and a secretary
of the committee. (Amended 16 March 1993)
Article 13. The Powers of Electoral Committees of Electoral
Areas
The electoral committee of an electoral area shall:
1) divide the territory of the electoral area into electoral
districts, and establish their boundaries as well as the
numeration of the electoral districts;
2) inform the voters who reside in the electoral area about
the boundaries of the electoral districts, their quarters,
working hours and the polling place;
3) supervise the implementation of this Law in the electoral
area;
4) draw up the vote calculation records of the electoral
area;
5) consider complaints against decisions and actions of the
electoral committees of electoral districts and adopt decisions
concerning them; and
6) exercise other powers provided for in this Law. (Amended
16 March 1993)
Article 14. Formation of Electoral Committees of Electoral
Districts
Electoral committees of electoral districts shall be formed
by electoral committees of electoral areas within 15 days of the
formation of the electoral committees of electoral areas.
Electoral committees of electoral districts shall be formed
from the candidates who are proposed by political parties and
political organizations which have received the mandates of
members of the Seimas in multi-candidate electoral areas from the
list of nominated candidates (joint list). These political
parties and political organizations shall have the right to
propose up to three of their representatives to the electoral
committee of the electoral district. If candidates are not
proposed, electoral committees of electoral areas may
proportionally enlarge the norm of representation of the
indicated political powers.
Electoral committees of electoral areas may not reject
candidates who have been indicated in this Article and who have
been proposed to the electoral committee of electoral district.
Electoral committee of electoral areas shall appoint the
chairpersons of electoral committees of electoral districts.
During its first sitting the electoral committee of an
electoral district shall elect a deputy chairperson and a
secretary of the committee. (Amended 16 March 1993)
Article 14. The Powers of the Electoral Committee of
Electoral District
The electoral committee of electoral district shall:
1) receive voter lists from the administrative bodies of
local governments, and correct and approve them;
2) consider complaints concerning errors made in voter
lists;
3) submit the voter list of the electoral district to the
electoral committee of the electoral area at least 25 days prior
to the elections;
4) hand voter's certificates to voters or distribute them in
some other way;
5) guarantee the furnishing of voting premises and ballot-
boxes in accordance with the requirements of this Law;
6) organize voting in the electoral district on the day of
elections;
7) calculate votes and draw up the vote calculation records
of the electoral district;
8) consider the complaints of the voters and observers of
that electoral district on issues concerning the preparation of
the elections, the organization of voting, vote calculation, and
the preparation of vote calculation records, and adopt decisions
related to them;
9) exercise other powers provided for in this Law. (Amended
16 March 1993)
Article 15. Organization of the Work of Electoral Committees
Sittings of electoral committees shall be valid provided
that at least three-fifths of the members of the committee are in
attendance. Decisions made by the committees shall be adopted by
open, majority vote. In the event of a tie vote, the committee
chairperson's vote shall have power of decision. Committee
members who do not agree with a decision shall have the right to
state a different opinion in writing, which shall then be
appended to the minutes of the sitting.
Upon the completion of voting, the electoral committees of
electoral districts as well as the electoral committees of
electoral areas may only adopt decisions related to the drawing up
of records of vote calculation records.
All sittings of all electoral committees shall be public.
The right to participate therein shall be granted to observers of
political parties and political organizations as well as to the
candidates to the members of the Seimas and representatives of
all mass media.
No individual shall have the right to organize non-public
sittings of electoral committees.
From the day of formation of electoral committees, their
chairpersons and members shall be prohibited from any form of
election campaigning or attempts to influence the voters' will in
any other way. Individuals who have violated this requirement may
be dismissed from the committee. (Amended 16 March 1993)
Article 16. Appeals Concerning Decisions of Electoral
Committees which are Adopted prior to the
Completion of Voting
Political parties and political organizations which have
nominated candidates to members of the Seimas, candidates to
members of the Seimas and their authorized agents, as well as
observers may appeal against the decisions of electoral
committees which have been adopted prior to the completion of
voting according to the following procedure:
1) for decisions of electoral committees of electoral
districts - to the electoral committee of the electoral area;
2) decisions of electoral committees of electoral areas - to
the Central Electoral Committee; and
3) decisions of the Central Electoral Committee - to the
Supreme Court.
Appeals must be considered within 48 hours of when the
appeal is submitted. Non-working days shall be included in this
period. The decision of the Supreme Court shall be final.
(Amended 16 March 1993)
Article 17. Assistance for Electoral Committees
State institutions, firms, offices, and organisations, as
well as their officials, must assist electoral committees in
exercising their powers, and and must furnish them with necessary
information.
State institutions, firms, offices, and institutions, as well
as their officials, must consider requests submitted by electoral
committees and give the electoral committee a justified response
within 3 days.
Electoral committees may employ the required number of
personnel for assistance work.
Local governments and State institutions and organisations
must provide electoral committees with premises and equipment for
the preparation and execution of elections.
Article 18. Remuneration of Electoral Committee Members
For their work in electoral committees, the chairpersons and
members of electoral committees shall be paid wages at the rates
submitted by the Central Electoral Committee and approved by the
Government. The State shall pay sums in the amount of their
average workpay to the chairpersons and members of electoral
committees who are employed in firms, offices, and organisations,
and who are not receiving wages due to their involvement in
electoral committee activities.
Article 19. Changing the Members of Electoral Committees
Chairpersons and members of electoral committees may be
dismissed from their posts in the committee by the institution
which approved the composition of the committee.
As necessary, new chairpersons and members of the electoral
committee shall be appointed according to the procedure
established by this Law.
4. Voter Lists
Article 20. Compiling Voter Lists
For the execution of elections, voter lists of every
electoral district shall be compiled. Said lists shall be drawn
up by the appropriate institutions of management of local
governments, signed by their chief officers, and delivered to the
electoral committees of electoral district no later than 30 days
prior to the election day.
The electoral committees shall review and approve the lists.
Approved voter lists shall be signed by the chairmen and
secretaries of the electoral committees of electoral districts.
Article 21. General Procedure for Registering Citizens in
Voter Lists
Citizens of the Republic of Lithuania who have the right to
vote and who, at the moment of compiling the voter list, are
permanently residing on the territory of that particular
electoral district shall be included in the district's voter
list.
In the event that a voter changes his permanent place of
residence after the beginning of the compilation of lists, he may
be registered in the voter list of his new place of residence,
provided that he submits an application to the electoral
committee of the district concerning his registration in the
voter list at least 35 days prior to the election. The electoral
committee of the electoral district must see to it that his name
is struck from the voter list of the electoral district of his
former permanent place of residence.
Article 22. Registration of Citizens of the Republic of
Lithuania Residing Abroad in Voter Lists
In the event that citizens of the Republic of Lithuania
residing abroad are not included in a voter list according to the
general procedure, they may, at their own choice, be included in
the voter list of the electoral district on whose territory they
permanently resided before leaving the Republic of Lithuania.
Citizens of the Republic of Lithuania residing abroad shall
submit applications concerning their registration in a voter list
to the diplomatic mission of the Republic of Lithuania at least
50 days prior to the election day, unless the Central Electoral
Committee establishes a shorter period.
Article 23. Registration of National Defence Servicemen in
Voter Lists
Persons performing military or alternative service shall be
included in the voter lists of the electoral districts on whose
territories they permanently resided before conscription.
Officers of the national defence system and internal
service, non-commissioned officers, and re-enlistees shall be
included in the voter lists of the electoral district on whose
territory they permanently reside.
Article 24. Registration of Voters in Only One List
Each voter may only be registered in one voter list.
Compliance with this requirement shall be checked by the Central
Electoral Committee. Upon establishing that a voter's name is
registered in the voter lists of several electoral districts, the
Committee shall address the voter within 20 days of the election
day, requesting that he announce, within 10 days, which electoral
district's voter list he wishes to be registered in. If the voter
fails to make this choice within the established period, the
Central Electoral Committee shall include the voter's name in the
voter list of the electoral district where, in their opinion, it
would be more convenient for the voter to vote, and shall inform
the voter thereof within 3 days. Such decisions of the Central
Electoral Committee may not be appealed.
Article 25. Public Announcement of Voter Lists
The electoral committees of electoral districts shall, at
least 20 days prior to the election, announce publicly the
compilation of the voter lists and shall provide conditions for
the voters to get acquainted with the lists, indicating the time
and place for the voters to implement this right.
Article 26. Reviewing Voter Lists
Any voter, or the authorized representative of a candidate
to the members of the Seimas, political party, or political
organization may submit to the electoral committee of the
electoral district remarks concerning inaccuracies in a voter
list no later than 7 days prior to the election. The electoral
committee of the electoral district must consider the remarks and
adopt a decision thereon within 2 days of the receipt thereof.
The decision of the electoral committee of the electoral district
may be appealed against to the electoral committee of the
electoral area within 2 days; the electoral committees of the
electoral areas must adopt relevant decisions within 2 days of
the receipt of the complaint. The decision of the electoral
committee of the electoral area shall be final.
Article 27. Appeals Concerning Restoration of the Right to
Vote
Within 7 days prior to the election, the voter, or the
authorized representative of a political party or political
organization shall submit to the electoral committee of the
electoral district complaints concerning errors in the voter list
which hinder the voter from implementing his right to vote. The
electoral committee of the electoral district must consider the
complaint and adopt a decision thereon either immediately or
within 2 days of the receipt thereof if more than 10 days are
left until the day of election.
The decision of the electoral committee of the electoral
district may be appealed against within 3 days to the district
(area) court, which shall consider the complaint within 2 days
and adopt the final decision thereon.
Complaints and comments shall not be considered after the
expiration of the term established for filing suggestions or
complaints.
District electoral committees shall report to the Central
Electoral Committee and the electoral committees of electoral
areas about the received complaints and changes made in the lists
of voters as soon as possible but not later than within 24 hours.
Article 28. Lists of Voters of Electoral Areas
Lists of voters of electoral areas shall be made by the
electoral area committees according to the lists of voters of
electoral districts submitted by the electoral district
committees.
Article 29. List of Voters of the Republic of Lithuania
The list of voters of the Republic of Lithuania shall be
made by the Central Electoral Committee according to the lists of
voters of electoral ares submitted by the electoral area
committees not later than 20 days prior to the day of the
election.
CHAPTER 5
NOMINATION OF CANDIDATES TO THE MEMBERS OF THE SEIMAS
Article 30. Nomination of Candidates to the Members of the
Seimas in One-candidate and Multi-candidate
Electoral Areas
Political parties which have been registered for the election
according to the Law on Political Parties no later than 35 days
prior to the election, as well as political organizations whose
effective statutes providing reference to their political
character and the amendments thereto have been registered with
the Ministry of Justice no later than 2 months prior to the
election, shall have the right to nominate candidates to the
members of the Seimas in one-candidate and multi-candidate
electoral areas, provided their participation in the election is
supported by no less than 1000 voters' signatures.
Individual persons may nominate themselves for the members
of the Seimas in one-candidate electoral areas, provided their
candidature is supported in writing by no less than 1000 voters
of that electoral area.
Political parties and political organizations or their
coalitions shall nominate their candidates in multi-candidate
electoral areas by presenting lists of candidates. The list must
not include less than 20 candidates.
Article 31. Application Documents for the Nomination of
Candidates
For the nomination of candidates political parties and
political organizations must file with the Central Electoral
Committee the following application documents:
1) statutes and the amendments thereto, registration papers
and voters' signatures according to the requirements provided for
in part 1 of Article 33 of this law;
2) application for the participation in the election,
stating the electoral areas wherein political parties or
political organizations intend to nominate their candidates;
3) the list of candidates nominated in the multi-candidate
electoral area, in which candidates are registered in a numerical
order. If the statutes of a political organization do not provide
otherwise, the list of candidates must be approved at the
convention or conference of said organization;
4) extract from the decisions concerning the nomination of
candidates in the concrete one-candidate electoral areas;
5) written consent of candidates for being nominated in the
concrete electoral areas. The consent of a candidate, provided he
is elected, must include his obligation to terminate his
employment or any other activities inconsistent with the status
of a member of the Seimas;
6) documents certifying that the election wager of the
candidates' list equal to one average monthly wage multiplied by
the number of the candidates included in the list, has been paid;
and
7) documents certifying that the election wagers of
candidates nominated by an organization in one-candidate
electoral area, equal to one average monthly wage for each
candidate, have been paid.
Individual persons who have nominated themselves for the
candidates to the members of the Seimas, must submit to the
electoral area committee the following documents:
1) application concerning his nominating himself for the
candidate to the members of the Seimas in a certain electoral
area. The application, provided he is elected, must include his
obligation to terminate his employment or any other activities
inconsistent with the status of a member of the Seimas;
2) no less than 1000 signatures of voters of that electoral
area supporting his nomination; and
3) a document certifying that election wager equal to one
average monthly wage, has been paid.
His application must also state his name, surname, date of
birth, permanent place of residence. He must also submit the
document certifying that he is a citizen of the Republic of
Lithuania. Candidates who have taken an oath of a citizen of
other states must repudiate it in writing.
The wager shall be paid back to the candidate who wins the
election or to political organisations the lists of candidates of
which become eligible for the participation in the distribution
of mandates. Other wagers shall be transferred to the State
budget.
The filing of application documents shall commence 65 days
before and shall end 35 days before the day of the election.
Upon receiving application documents of a political
organization, the Central Electoral Committee must within 2 days
apply to the Ministry of Justice for the confirmation of the fact
of the registration of said organization. The Ministry of Justice
must give a written reply within two days. Upon receiving a
notice about improper registration, the Central Electoral
Committee must notify a person authorized by said organization.
Article 32. A Person Authorized for the Election
The application documents of a political party, political
organization or of an individual candidate must state the names
and addresses of persons authorized for the election.
Article 33. Nomination of Candidates to the Members of the
Seimas and Entry in Register
In the multi-candidate electoral area each candidate to the
members of the Seimas may be entered only in the list of
candidates of one political party or political organization. A
person registered in such list at the same time shall have the
right to be nominated for the candidate to the members of the
Seimas in one one-candidate electoral area.
If a person is on the list of candidates nominated by more
than one political organization in the multicandidate electoral
area, or if he is nominated in more than one one-candidate
electoral area, the Central Electoral Committee shall request him
to choose the organization in whose list of candidates, or the
one-candidate electoral area in which he would like to stand for
election. If the candidate does not notify about his choice
within 35 days prior to the election, he shall be struck off all
lists of candidates in all multi-candidate electoral areas or in
all one-candidate electoral areas. (Amended 4 August 1992)
Article 34. Joining of the Lists of Candidates
When less than 35 days remain until the election, several
political parties or political organizations may join the lists
of candidates nominated by them. One political party or political
organization may not participate in more than one joint list of
candidates.
Article 35. The Right to Withdraw Application Documents
A political party or political organization as well as a
person who has been nominated in one-candidate electoral area or
is registered in the list of candidates of a political
organization, may at any time, but no later than 15 days before
the election, withdraw his application documents.
In such case he must apply to the Central Electoral
Committee and notify a relevant political organization.
If the application documents are being withdrawn by a
political organization that has formed a coalition, the
candidates shall be struck off the joint list of candidates and
the name of the coalition may be changed. In such case it is
necessary to notify in writing other members of the coalition.
If the application documents are withdrawn only by a part of
the coalition, and the candidates of only one political party or
political organization remain on the joint list of candidates,
they will participate in the election only as the nominees of
that political party or political organization.
Article 36. Publication of the Names and Lists of Candidates
Upon the expiration of the term for the filing of the lists
of candidates, the Ministry of Justice, on the request of the
Central Electoral Committee, shall within one day officially
confirm which political parties and political organizations are
registered, and the activities of which parties or organizations
are suspended or terminated. The next day after the Central
Electoral Committee receives the official approval by the
Ministry of Justice, it shall organise, in the presence of
persons authorized by political parties, the arrangement of
political parties, political organizations and coalitions
participating in the election under separate lists, in numerical
order by drawing lots.
Less than 30 days before the election, the Central Electoral
Committee shall make available to the public the lists of
candidates nominated by political parties, political
organizations and coalitions participating in the election, their
numerical order, as well as the names of candidates nominated in
one-candidate electoral areas.
The election campaign shall commence from the day of such
publication.
CHAPTER 6
GUARANTIES OF THE ACTIVITIES OF THE CANDIDATES
TO THE MEMBERS OF THE SEIMAS
Article 37. The Right of a Candidate to the Members of the
Seimas to Speak at Meetings or through the Mass
Media
After the publication of the lists of candidates in electoral
areas, candidates to the members of the Seimas shall have equal
right to speak at voters' meetings or any other meetings,
gatherings, conferences as well as through the mass media, and to
acquaint voters with their respective election programs.
Heads of state power and government institutions must help
candidates to the members of the Seimas to organise meetings with
voters, and provide them with the necessary information, with
the exception of confidential information.
Article 38. Liability for the Violation of the Law on the
Elections to the Seimas
Persons who by force, threat, fraud or otherwise hinder the
implementation of the right to vote or to be elected to the
Seimas or to organise campaigning, as well as members of the
electoral committees, or other officers who falsify election
documents, calculate fraudulently the votes, violate the secrecy
of the voting or otherwise violate this Law, shall be liable
according to the laws of the Republic of Lithuania. Legal action
shall also be instituted against persons who publicize or
otherwise disseminate false statements about a candidate to the
members of the Seimas or prevent a candidate from meeting with
voters.
Article 39. The Right of a Candidate to the Members of the
Seimas to be Relieved from Work or his Service
Duties During the Period of Election Campaign
Upon his request, a candidate who is on the list of
candidates may be relieved from work or other service duties for
the period of organizing and holding the election to the Seimas,
but no longer than for 1 month.
Article 40. The Immunity of a Candidate to the Members of
the Seimas
Without the consent of the Central Electoral Committee,
during the election campaign as well as after the election, a
candidate may not be found criminally responsible or arrested,
neither may administrative penalties be imposed on him for the
actions done during the election campaign.
Article 41. Election Observers
An election observer of a political party, political
organization or of any individual candidate shall be a person
bearing the certificate in the form established by the Central
Electoral Committee.
Election observers shall have the right to demand that the
chairperson of an electoral committee and its members, as well as
persons who are in the place of voting should adhere to this and
other laws of the Republic of Lithuania.
CHAPTER 7
CAMPAIGNING
Article 42. The Basic Principles of Campaigning
Political parties, political organizations and individual
candidates may start campaigning from the day the election
campaign starts.
Campaigning may be conducted in any form or manner, provided
it does not contradict the Constitution and the laws of the
Republic of Lithuania.
Article 43. Conditions and Procedure for the Use of the
Means of Mass Media
Political parties and political organizations that have
nominated candidates for the members of the Seimas, as well as
individual candidates shall be granted the right to use the
means of state mass media free of charge. The actual duration and
time of radio and TV programs for the purpose of campaigning
shall be established by the Central Electoral Committee upon
coordination with the heads of radio and TV and shall be
distributed among the political parties and political
organizations participating in the election and among the
individual nominees according to the principle of equality. Each
political party or political organization shall be provided with
no less than 1.5 hour of the state TV time, and individual
nominees, 5 minutes each.
Candidates who have nominated themselves shall have the
right to publish the text with their election program not longer
than 1 printed page in state newspapers and in local government
papers of those electoral areas in which they have been
nominated. Campaigning by means of commercial mass media shall
be restricted only by the size of election accounts.
All disputes concerning the election campaign shall be
settled by the Central Electoral Committee, which shall base
itself on the principle of equality of political parties and
political organizations as well as individual candidates.
If the material discrediting candidates to the members of
the Seimas is publicized in the mass media, they must be
provided with the possibility to express publicly their opinion
within five days before the election.
Article 44. Prohibition for the Officers of State
Institutions to Exert Influence upon the Will of
the Voters
During election campaign officers of state institutions as
well as employees of the mass media shall be prohibited to use
their official duties for campaigning or to otherwise exert
influence upon the will of voters.
If such persons are candidates to the members of the Seimas,
they can use the means of mass media according to the procedure
set forth in Article 45 of this Law. If the fulfillment of their
duties requires to announce to the mass media important news,
they can do it only at a press conference.
Article 45. Provision of Finances for Campaigning
Campaigning shall be financed from the resources of the
state as well as from the resources raised by political parties,
political organizations and candidates, which are being
accumulated in special election accounts. The maximum amount of
money permitted for campaigning shall be in the amount of 20
average monthly wages for an individual candidate and 200 average
monthly wages for a political organization. If the amount of
money transferred to the election account exceeds the established
sum, the surplus shall be transferred by the bank to the State
budget.
Candidates shall be paid from state resources for the time
on state radio and TV allotted to them under this Law, for the
printing of campaign poster of a candidate in one-candidate
electoral area, as well as for publishing election programs in
state and local government newspapers, and for publishing the
lists of candidates.
The utilization of money allocated for campaigning shall be
controlled by financial institutions and the Central Electoral
Committee. Political parties and political organizations must
publish in the press reports concerning the sources of finances
and their utilization for campaigning not later than within 15
days after the election.
Article 46. Prohibition of Campaigning on the Day of
Election
Campaigning shall be prohibited 24 hours before the
beginning of elections and on the election day, with the exception
of permanent campaign posters in the places established for this
purpose, provided that they were posted at least 48 hours prior to
the election. No campaign posters may be put up in or within a 50
meter radius of the voting place.
CHAPTER 8
PREPARATORY ACTIVITIES OF THE ORGANIZATION OF ELECTIONS
Article 47. Establishment of Election Document Samples
The Central Electoral Committee shall establish the samples
and forms of voter certificates, ballot-papers, voucher envelopes
and outer envelopes for voting by mail, other official envelopes
used during election, packages, documents and seals, as well as
the samples for filling them out.
Article 48. Ballot-papers
During the election to the Seimas, each voter shall be
presented with two ballot-papers: one for voting for a candidate
in a certain one-candidate electoral area, and the other for
voting for lists of candidates from a political party or
political organization (coalition) in a multi-candidate area.
The names of candidates on the ballot-paper of one-candidate
electoral area shall be placed in alphabetic order. Such ballot-
papers shall indicate the name and surname of each of the
candidates, as well as the name of the political organization
which has nominated him.
A ballot-paper of a multi-candidate electoral area shall
contain the names of political parties which have nominated their
candidates, and shall be arranged according to the provided
serial numbers in an increasing order.
Article 49. Delivery of Ballot-papers
Ballot-papers and envelopes shall be delivered to electoral
districts and post offices at least 7 days prior to the election.
At the diplomatic missions of the Republic of Lithuania and
on ships which are sailing under the national flag of the
Republic of Lithuania, voters must be provided with free access
to ballot-papers and envelopes for voting by mail at least 10
days before the day of election.
The Central Electoral Committee shall be responsible for the
publishing of ballot-papers and envelopes for voting by mail, as
well as for their delivery without violating the fixed dates.
Article 50. Voter Certificates
Electoral committees of electoral districts shall issue
numbered voter certificates.
A voter's certificate shall contain:
1) the name and surname of the voter;
2) the birth date of the voter;
3) the address of the voter;
4) the electoral area in which the voter shall vote; and
5) the address of the electoral district in whose list of
voters the name of the voter has been included.
Article 51. Delivery of Voter Certificates to Voters
Voter certificates shall be delivered to voters at least 10
days prior to the day of election. If a voter's certificate is
not delivered through the fault of the electoral committee, it
must be issued immediately upon the request of the voter.
In the event that a voter is presented with an inaccurate
voter's certificate, or, due to an error in the list of voters, a
voter's certificate is not issued at all, a correct voter's
certificate shall be issued immediately after the rectification
of the mistake.
Article 52. Duplicates of Voter Certificates
Upon written application, a voter may be issued a duplicate
voter's certificate.
CHAPTER 9
VOTING
Article 53. Time and Place of Voting
Voting shall take place on the day of election from 7 a.m.
until 9 p.m. in the polling place designated by the electoral
committee of the electoral district. Voters shall vote in the
electoral district in whose list of voters their names have been
included, unless this Law provides otherwise. (Amended 16 March
1993)
Article 54. Preparation of Polling Places
The requirements for the preparation of polling places shall
be established by the Government of the Republic of Lithuania.
Voting booths must be set up in such a way that nobody is
able to see the voter who is inside.
The text of this Law must be accessible in all electoral
districts. Lists of candidates eligible in the electoral area
must be posted in the polling place.
No other events may be held in the polling place with the
exception of the organization of the election and voting.
(Amended 16 March 1993)
Article 55. Commencement of Voting
On the day of election, the polling place shall be opened
only when at least 3/5 of the members of the electoral committee
of the electoral district are present. Then the chairperson of
the electoral committee, together with other members of the
electoral committee, shall make sure that the ballot-box is empty
and shall seal it up. Having checked that the polling place has
been furnished without violation of the established requirements,
the chairperson of the electoral committee of the electoral
district shall register the total number of the received ballot-
papers of the electoral district into the vote calculation
record, distribute ballot-papers and voter lists among the
members of the electoral committee, register the number of
ballot-papers distributed among each member of the electoral
committee into the vote calculation record of the electoral
district, and open the voting place, thereby proclaiming the
commencement of the elections. (Amended 16 March 1993)
Article 56. Voter Identification
Upon arrival at the polling place, voters shall present
their voter certificates as well as their passports or other
proof of identity and citizenship to an electoral committee
member of the electoral district, and shall sign in on the list
of voters. Voter certificates shall not be returned to the
voters. Each voter shall be given a ballot-paper only after
signing in. In voting by mail, an entry shall be made on the
voter certificate concerning the issue of a ballot-paper, and the
voter certificate shall be returned to the voter.
It shall be prohibited to issue a voter another voter's
ballot-paper. Members of electoral committees who violate this
provision shall be liable by law. (Amended 16 March 1993)
Article 57. Voting Procedure
Having been handed ballot-papers, the voter shall go into
the voting booth and mark the ballot.
On a ballot-paper at a one-candidate electoral area, the
voters shall mark the surname of the candidate whom they are
voting for, whereas in a multi-candidate electoral area, the
voters shall mark the name of the political party or political
organization (coalition) for whose candidates they are voting
for.
Voters shall personally cast their marked ballot-papers into
the ballot-box.
Upon the request of the voter, faulty ballot-papers shall be
exchanged for new ones. After a faulty ballot-paper is crossed
out and signed by a member of the electoral committee, it shall
be kept separately.
Voters who are physically unable to mark their ballot-
papers themselves may designate another person (with the
exception of the chairperson of the electoral committee) to carry
out these actions in their place.
Article 58. Voting by Mail
Voting by mail shall be possible at post offices during
business hours beginning 7 days before the elections; the period
shall end 1 day before the elections if the voter is put on the
voter list of that town or region, and two days before the
elections if the voter is not put on the voter list of that town
or region. Expenses related to voting by mail shall be covered
by the State.
The head of the post office shall be responsible for the
organization of voting by mail, as well as for the issue and
collection of ballotpapers and voucher envelopes during voting by
mail.
A responsible officer (officers) shall be appointed for the
issue and collection of ballotpapers and voucher envelopes during
voting by mail.
Post offices must provide a place where voters can, without
interference, mark their ballotpapers and put them into voucher
envelopes.
Voting by mail shall be conducted in accordance with the
procedure set forth in Articles 56 and 57 of this Law, with the
exception of casting ballot-papers into the ballot-box. Together
with ballot-papers, voters shall be given envelopes for voting
by mail.
Voters shall put marked ballot-papers into the voucher
envelope, seal the voucher envelope, put the envelope into the
outer envelope, and seal the outer envelope. The outer envelope
shall be stamped with the post office seal.
Envelopes for voting by mail shall be addressed to the
electoral committee of the electoral area in the voter list of
the electoral district whereof the voter is registered.
The outer envelopes, voucher envelopes, and ballot-papers
shall be delivered at least 2 days prior to the elections by a
postman to the homes of voters who are not able to move. The list
of voters who are unable to move shall be compiled at least 7
days before the elections by the electoral committee of electoral
district in accordance with documents submitted in writing by
town or regional social care and welfare institutions. Post
officials, members of electoral committees or other persons may
not bring outer envelopes, voucher envelopes and ballot-papers to
the homes of voters who are not registered on the list of
immobile voters.
The voter may:
1) hand the sealed outer envelope (with the voter's
certificate, voucher envelope and ballot-papers in it) to a post
office official;
2) hand the sealed outer envelope (with the voter's
certificate and ballot-papers in it) to the postal worker who has
delivered the election documents to him or her; or
3) put the sealed outer envelope (with the voter's
certificate, voucher envelope and ballot-papers in it) into a
post-box. (Amended 16 March 1993)
Article 59. Voting in Diplomatic Missions
Voting in diplomatic missions (consulates) of the Republic
of Lithuania may take place during business hours but for at
least 4 hours a day. Voting days (no less than 5) for each
diplomatic mission (consulate) shall be established by the
Central Electoral Committee on coordination with the Ministry of
Foreign Affairs. The list of diplomatic missions (consulates) in
which voting shall take place shall be compiled by the Central
Electoral Committee on coordination with the Ministry of Foreign
Affairs. The head of the diplomatic mission (consulate) shall be
responsible for the organization of voting.
Article 60. Voting on Ships which are Sailing Under the
National Flag of the Republic of Lithuania
Voting shall take place on board a ship if the ship leaves a
port of the Republic of Lithuania within 6 days prior to an
election and does not enter a port of the Republic of Lithuania
on the day of the election, or if there are other circumstances
which do not allow a crew member or board passenger to vote in
his electoral district or by mail.
The list of ships on which voting shall take place shall
be compiled by the Central Electoral Committee, on coordination
with competent services and the Ministry of Foreign Affairs, in
such a manner that each voter on board a ship is given the
opportunity to vote. The captain or assistant captain of the
ship, who are citizens of the Republic of Lithuania, shall be
responsible for the organization of voting on board. (Amended 16
March 1993)
Article 61. The Procedure for Voting in Diplomatic Missions
of the Republic of Lithuania and on Ships Sailing
Under the National Flag of the Republic of
Lithuania
The procedure for voting in diplomatic missions of the
Republic of Lithuania and on ships sailing under the national
flag of the Republic of Lithuania shall be established by the
Central Electoral Committee.
Article 62. Voting in Medical Facilities and Institutions of
Social Care and Welfare
Special post offices designated for voting shall be
established in medical facilities and institutions of social care
and welfare.
Patients of such facilities and institutions who are able to
move shall vote themselves in accordance with the procedure set
forth in Article 60 of this Law.
Inmates of health facilities and institutions of social
care who are unable to move shall be visited by officials of
special post offices who are approved by electoral committees of
electoral areas. The voting person must, in conditions of
privacy, personally mark the ballot-paper and put it into the
voucher envelope. If necessary, he may be assisted by an
individual whom he trusts.
According to the instruction of the head of an institution
of health care or welfare, it may be prohibited to disturb a
person who is in bad condition for the purpose of voting. Such
instructions shall be obligatory to all post officials.
It shall also be prohibited to disturb individuals for the
purpose of voting whom a commission of doctors have concluded
pursuant to the established procedure of the Ministry of Health
Care to be incapable of controlling and understanding the essence
of their actions at the time of voting due to chronic mental
disease, feeble-mindedness, or temporary mental disorder.
Article 63. Voting in Military Units
Special post offices designated for voting shall be
established in military units of the national defense system and
internal service.
If possible, chief officers of military units shall provide
conditions for servicemen to vote in the electoral districts
according to their permanent place of residence.
Article 64. Voting in Places of Imprisonment
Special post offices designated for voting shall be
established in places of imprisonment.
In accordance with the procedure set forth in the laws of
the Republic of Lithuania, heads of places of imprisonment may
allow sentenced persons to vote in the electoral areas of their
permanent place of residence.
CHAPTER 10
CALCULATION OF VOTES AND ESTABLISHMENT OF VOTING RESULTS
Article 65. Calculation of Voucher Envelopes and Ballot-
papers in Post Offices
Post office heads shall deliver unused envelopes and ballot-
papers to the electoral committee of their electoral area one day
prior to elections.
In accordance with the procedure established by the Central
Electoral Committee, the calculation of voucher envelopes and
ballot-papers shall be conducted by the head of the post office
in a journal specially designated for this purpose.
The post office shall deliver envelopes containing ballot-
papers marked by voters to electoral committees of electoral
districts on the day of the elections, but not later than 2 hours
before the closing of the elections.
The Central Electoral Committee shall conduct the
registration of voucher envelopes and ballot-papers in the
Republic of Lithuania. (Amended 16 March 1993)
Article 66. Calculation of Ballot-papers in Electoral
Districts
Upon the closing of a polling place, the chairperson of the
electoral committee of the electoral district, in the presence of
at least 3/5 of the members of the electoral committee, shall
close and seal the ballot-box slot, individually collect unused
ballot-papers from each member of the electoral committee, count
them publicly, record the number of them in the vote calculation
record and check, according to signatures in the voter list and
voter's certificates, that no ballot-papers have been handed in
unlawfully that no ballot-papers have been handed in unlawfully.
Unused and faulty ballot-papers shall be counted publicly by
the electoral committee, annulled by cutting off the upper right
corner, and put into envelopes specially designated for this
purpose which shall thereafter be sealed. The number of unused or
faulty ballot-papers shall be entered in the vote calculation
record. (Amended 16 March 1993)
Article 67. Registration of Voters Who Have Voted and
Calculation of Votes in the Electoral District
The electoral committee of the electoral district, in the
presence of at least 3/5 of its members, shall inspect the
ballot-box of the electoral district to: ensure that the seals
have not been broken and that there is no other evidence which
indicates that it could have been opened or that ballot-papers
could have been removed in any other way. The electoral
committee, in the presence of at least 3/5 of its members, shall
decide if the ballot-box has been tampered with. If the committee
decides that the ballot-box was tampered with, an act shall be
drawn up about this and votes shall not be calculated.
Having ascertained that the ballot box has not been tampered
with and in the presence of at least 3/5 if the members of the
committee as well as observers, it shall be opened, all ballot-
papers shall be placed on tables on which there are no other
documents and writing-materials, and the votes shall be
calculated.
Votes shall be calculated in such a way that this procedure
and ballot-papers marked by voters may be observed by all persons
present during the calculation of votes. The Central Electoral
Committee shall establish the concrete procedure for the
calculation of votes.
The number of the voters of the electoral district shall be
established according to the voter list of the electoral
district. The number of voters who have been handed ballot-papers
shall be established according to the voters' signatures
testifying the receipt of ballot-papers. The number of voters who
have voted in the electoral district shall be established
according to the number of ballot-papers found in the ballot-box
of the electoral district. The number of voters who have
participated in the elections shall be established according to
the number of ballot-papers found in ballot-boxes of the
electoral districts and the number of ballot-papers received by
mail.
Upon finding more ballot-papers in the ballot-box than were
handed to the voters, the committee shall take measures to
clarify the reason.
The results of the vote calculation shall be entered in the
vote calculation records. (Amended 16 March 1993)
Article 67. Registration of Voters who Have Voted by Mail
and the Calculation of their Votes
After the calculation of ballot-papers found in the ballot
box, ballot-papers received by mail shall be calculated in the
following procedure:
1) the chairperson of the electoral committee of the
electoral district shall present, unopened, all outer envelopes
received by mail. Their number shall be entered in the vote
calculation record;
2) outer envelopes shall be opened one at a time;
3) voter certificates shall be taken out of the outer
envelopes and checked against the voter list of the electoral
district, and the voucher envelopes shall be stamped with the
seal of the electoral district. If the person on the voter
certificate is not on the voter list, if the voter has already
signed the voter list indicating that he or she has already voted
in the electoral district, if another envelope for voting by
mail has been received from the same voter, if there is no
voter certificate in the outer envelope, or if there is more than
one voucher envelope in the outer envelope, the seal shall not be
affixed and the ballot-paper in the envelope shall be considered
invalid. This fact must be noted on the voucher envelope;
4) in the voter list of the electoral district, a special
record saying "has voted by mail" shall be made by the surname of
the voter whose vote has been received by mail;
5) the sealed voucher envelope shall be cast into the ballot
box prepared according to the established requirements; and
6) when all envelopes received by mail have been gone over
in this way, the ballot-box shall be opened and upon opening the
sealed voucher envelopes, the votes received by mail shall be
calculated according to the requirements of Article 67. If there
is more than one ballot-paper of the one-candidate and multi-
candidate electoral area in the voucher envelope, all ballot-
papers in the envelope shall be considered invalid.
If only one sealed voucher envelope is in the electoral
district (committee), it, in order to protect the privacy of
voting, shall not be opened, but shall be handed over to the
senior electoral committee, which shall enter the results of the
voting in its vote calculation record. (Amended 16 March 1993)
Article 68. Vote Calculation Records in the Electoral
District
Two vote calculation records shall be drawn up in every
electoral district - one of the one-candidate electoral area and
one of the multi-candidate electoral area.
The vote calculation record of the one-candidate electoral
area shall include the following:
1) the number of voters in the electoral district;
2) the number of ballot-papers received from the electoral
committee of the electoral area;
3) the number of ballot-papers delivered to each member of
the committee, the number of ballot-papers delivered to voters,
the number of voters' signatures, the number of voter
certificates, and the number of unused and faulty ballot-papers;
4) the number of annulled ballot-papers;
5) the number of voters who have voted in the polling place
of the electoral district;
6) the time that the ballot box is opened;
7) the number of invalid ballot-papers found in the ballot
box;
8) the number of valid ballot-papers found in the ballot
box;
9) the number of votes found in the ballot box which have
been separately cast for each candidate to the members of the
Seimas;
10) the number of envelopes received by mail and the number
of sealed voucher envelopes;
11) the number of invalid ballot-papers received by mail;
12) the number of valid ballot-papers received by mail;
13) the number of votes received by mail for each candidate
to the members of the Seimas;
14) the total number of voters who participated in the
elections in the electoral district;
15) the total number of invalid ballot-papers in the
electoral district; and
16) the total number of votes cast for each candidate to the
members of the Seimas.
The vote calculation record of the multi-candidate electoral
area shall include the following:
1) the number of voters in the electoral area;
2) the number of ballot-papers received from the electoral
committee of the electoral area;
3) the number of ballot-papers delivered to each member of
the committee, the number of ballot-papers delivered to voters,
the number of voters' signatures, the number of voter
certificates, the number of unused and faulty ballot-papers;
4) the number of annuled ballot-papers;
5) the number of voters who have voted in the polling place
of the electoral district;
6) the time of the opening of the ballot-box;
7) the number of invalid ballot-papers found in the ballot-
box;
8) the number of valid ballot-papers found in the ballot-
box;
9) the number of votes found in the ballot-box which have
been separately cast for the list of candidates nominated by each
political party or political organization (their coalition);
10) the number of envelopes received by mail, the number of
sealed voucher envelopes;
11) the number of invalid ballot-papers received by mail;
12) the number of valid ballot-papers received by mail;
13) the number of votes received by mail which have been
separately cast for the list of candidates nominated by each
political party or political organization (their coalition);
14) the total number of voters who have participated in the
elections in the electoral district;
15) the total number of invalid ballot-papers in the
electoral district; and
16) the total number of votes cast for the list of
candidates nominated by each political party or political
organization (their coalition).
If more ballot-papers are found in the ballot box than it has
been delivered to voters, this shall be entered in the vote
calculation records, indicating the number of extra ballot-papers
which were found.
The vote calculation records of the electoral district shall
be signed by the chairperson and members of the electoral
committee of the electoral district. After that the observers
shall sign the records. Their marks and the opinions of the
members of the committee shall be attached to the record and
shall be an inseparable part thereof. (Amended 16 March 1993)
Article 69. Invalid Ballot-papers
Invalid ballot-papers shall be:
1) ballot-papers of an unestablished sample;
2) ballot-papers sealed with the seal of the wrong electoral
district;
3) ballot-papers of the wrong electoral area; and
4) ballot-papers on which more than one candidate to the
members of the Seimas or the list of candidates nominated by the
political party, political organization (their coalition) are
marked by the voter who have voted for them or ballot-papers on
which no one candidate or the list of candidates are marked.
The decision to declare a ballot invalid shall be made by
the electoral committee of the electoral district.
Article 70. The Presentation of Vote Calculation Documents
of the Electoral District to the Electoral
Committee of the Electoral Area
All ballot-papers, including invalid and unused ballot-
papers, vote calculation records, voter lists and other election
documents shall be put into a package and sealed by the
electoral committee of the electoral district in the procedure
established by the Central Electoral Committee. The package shall
be delivered to the electoral committee of the electoral area
within 12 hours of the closing of voting, unless the Central
Electoral Committee provides otherwise.
The Central Electoral Committee and the Ministry of Internal
Affairs must ensure the safety of the election documents and the
persons transporting them.
Article 71. The Calculation of Votes in the Electoral
Committee of the Electoral Area
The electoral committee of the electoral area shall begin
tallying votes when it receives all vote calculation documents
from electoral districts.
Articles 72 and 73 shall be deemed invalid. (Amended 16
March 1993)
Article 74. Vote Calculation Records of the Electoral
Committee of the Electoral Area
In accordance with vote calculation records, ballot-papers
and other documents of electoral districts, the electoral
committee of the electoral area shall establish:
1) the number of voters who have participated in the
elections of the electoral area, which shall equal the number of
voters who have voted in the electoral districts of the electoral
area;
2) the number of invalid ballot-papers in the electoral area
which shall equal the number of invalid ballot-papers in the
electoral districts of the electoral area;
3) the number of ballot-papers valid in the electoral area,
which shall equal the number of ballot-papers valid in the
electoral districts of the electoral area;
4) the number of votes cast for each candidate to the
members of the Seimas, which shall equal the sum of votes
received in the electoral districts separately for each candidate
to the member of the Seimas; and
5) the number of votes cast for the list of candidates
nominated by the political party or political organization (their
coalition), which shall equal the number of votes separately
received for the list of candidates nominated by each political
party or political organization (their coalition). (Amended 16
March 1993)
Article 75. The Establishment of Election Results in One-
Candidate Electoral Areas
Elections shall be considered to have been held in one-
candidate electoral areas if more than 40 percent of the voters
registered in the voter list of that electoral area participate
in the elections. A candidate shall be considered elected when
more than half of the voters participating in the elections vote
for him or her in the elections.
If more than two candidates were standing for election in the
electoral area and none of them are elected to the member of the
Seimas, the Central Electoral Committee, adhering to the
requirements of this Law, shall, within two weeks of the
publication of election results, hold a repeat vote between the
two candidates who received the most votes in the first voting.
After the repeat voting, the candidate for whom more voters cast
votes shall be considered elected. If an equal number of votes is
cast for both candidates, a repeat election shall be held.
(Amended 16 March 1993)
If, in the electoral area, no more than two candidates were
standing for election and neither of them was elected, the repeat
elections shall be held.
Article 76. The Establishment of the Election Results in a
Multi-candidate Electoral Area
The elections shall be considered to have been held in a
multi-candidate electoral area if more than one fourth of all
voters participate in them.
Political parties or political organizations (coalitions)
may receive mandates of the members of the Seimas only if at
least 4 percent of the voters participating in the elections
voted for the list of candidates that they presented. Public
political organisations of ethnic minorities may receive mandates
of the members of the Seimas if the number of voters who voted
for their proposed list of candidates is not less than is needed
to establish at least one quota.
Mandates for political parties and political organizations
(coalitions) shall be distributed proportionally according to the
number of votes received by each political organization applying
the method of quotas and remainders.
At first, the quota shall be counted, that is, how many votes
are needed to receive one mandate. It shall be equal to the number
of votes, divided by 70, cast in a multi-candidate electoral area
for the lists participating in the distribution of mandates. If
when dividing, the quotient is with a remainder, the remainder
shall be deducted and 1 shall be added to the quotient.
The number of votes cast for each list shall then be divided
by the quota. The received integer quotient shall be the number of
mandates for each list and remainders of this division shall be
used to distribute the rest of the mandates. Therefore, all
political organisations (coalitions) shall be written down in
succession - according to the size of the remainders received by
organisations by the dividing, beginning with the largest. If the
remainders of two organisations are equal, the first written down
shall be the organization which receives more votes of voters and
if these numbers are also equal, the first written down shall be
the organization which has received more mandates in all electoral
areas. The rest of the mandates shall be distributed by one to the
lists according to the succession established in this way.
If one of the political parties (coalitions) received the
larger number of mandates than was on its list, the number of
mandates left would be distributed to other lists in the same
way.
Candidates of the same list shall receive mandates in the
numerical order which is provided in the application documents of
the political organization (coalition). Those candidates who are
elected in one-candidate electoral areas shall be omitted from
the list. The issuance of the certificate of the member of the
Seimas to the elected candidate from the list of the political
organization for whom a repeat voting must be still held in a
one-candidate electoral area, shall be postponed until the
establishment of the results of the repeat voting.
Article 77. The Presentation of Vote Calculation Documents
of the Electoral Area to the Central Electoral
Committee
All documents received from electoral districts, ballot-
papers received by mail, vote calculation records of the
electoral area, the record of the establishment of election
results of the electoral area, and other election documents shall
be put into a package and sealed by the electoral committee of
the electoral area. Packages shall be delivered to the Central
Electoral Committee within the time period established by the
Central Electoral Committee.
The Central Electoral Committee shall keep in custody
election documents during the whole period of the powers of the
Seimas.
Article 78. The Participation of Observers in the
Calculation of Votes and Establishment of Election
Results
The observers of political parties, political organizations
and candidates to the members of the Seimas, and also
representatives of the mass media may participate in the
calculation of votes in electoral districts and areas, and also
in the establishment of election results in electoral areas.
The observers shall have the right to make remarks and
claims to the appropriate electoral committees concerning the
violations of this and other laws of the Republic of Lithuania
but they must not hinder the work of electoral committees. The
observers shall have the right to make a written protest which is
delivered to the electoral committee of the electoral area
together with other election documents of the electoral district.
The representatives of the mass media shall be prohibited
from disseminating the information about the vote calculation and
election results by video and sound recording equipments, orally,
in writing, or otherwise, until the report of the Central
Electoral Committee.
Article 78. Complaints against the Decisions of Electoral
Committees which Have Been Adopted after the
Closing of Voting
Political parties and political organizations which have
nominated a candidate to member of the Seimas, candidates to
members of the Seimas, their authorized agents, and observers may
appeal against the decisions of electoral committees of electoral
districts concerning the drawing up of vote calculation records
to the electoral committee of the electoral area only within 24
hours of their adoption. These complaints must be considered
within 24 hours.
While considering complaints against the decisions of
electoral committees of electoral districts concerning the
drawing up of vote calculation records, electoral committees of
electoral areas, in the presence of at least 3/5 of the committee
members, may recount ballot-papers which are presented by the
electoral committee of the electoral district, and, in the event
of an arithmetical error in the records or incorrectly calculated
valid and invalid ballot-papers, the committees shall draw up an
additional vote calculation record of the electoral district and
attach it to the vote calculation record of the electoral
district. Electoral committees of electoral areas shall not have
the right to nullify the vote calculation records of electoral
districts.
While considering complaints against the decisions of
electoral committees of electoral areas concerning the drawing up
of vote calculation records in the electoral area, the Central
Electoral Committee may recount ballot-papers which are presented
by the electoral committee of the electoral area, and, in the
event of an arithmetical error in the records or incorrectly
calculated valid or invalid ballot-papers, the Committee shall
draw up an additional vote calculation record of the electoral
area or electoral district and attach it to the vote calculation
record of the electoral area. The Central Electoral Committee
shall have no right to nullify vote calculation records of
electoral areas and districts.
Political parties and political organizations which have
nominated candidates to members of the Seimas, as well as
candidates to members of the Seimas, may appeal against the
decisions of the Central Electoral Committee or against the
refusal of the Committee to consider complaints concerning the
violations of the Law on Elections to the Seimas only within 24
hours of the official publication of the election results, to the
Seimas or the President of the Republic. In such cases, the
Seimas or President of the Republic shall, within 48 hours,
appeal to the Constitutional Court with the interpellation
concerning the violation of the Law in Elections to the Seimas.
(Amended 16 March 1993)
Article 78. Interpellation Concerning the Violation of the
Law on Elections to the Seimas of the Republic of
Lithuania
Within 3 days of the official publication of the election
results, the Seimas of the Republic of Lithuania as well as the
President of the Republic may appeal to the Constitutional Court
with the interpellation whether the Law on Elections to the
Seimas of the Republic of Lithuania has been violated.
The Constitutional Court shall investigate and evaluate the
decision of the Central Electoral Committee or its refusal to
consider complaints concerning the violations of the Law on
Elections to the Seimas of the Republic of Lithuania in those
cases when decisions have been adopted or another duty of the
Committee has been performed after the closing of voting.
This interpellation shall be investigated by the
Constitutional Court within 72 hours of its submission to the
Constitutional Court. Non-working days shall be included in this
period.
Basing itself on the findings of the Constitutional Court,
the Seimas of the Republic of Lithuania shall make the final
ruling concerning the violation of the Law on Elections to the
Seimas of the Republic of Lithuania.
If the Constitutional Court makes a finding that the Law on
Elections to the Seimas of the Republic of Lithuania has been
severely violated or election documents have been falsified and
this has had an essential influence on the election results, the
Seimas of the Republic of Lithuania may pass one of the following
resolutions:
1) to declare the elections in the one-candidate or multi-
candidate electoral area invalid - when, according to vote
calculation records, it is impossible to establish real election
results; or
2) to establish real final election results according to
vote calculation records submitted by electoral committees.
The Seimas shall also pass a resolution on legally and
illegally elected members of the Seimas. (Amended 16 March 1993)
Article 79. The Publication of Election Results
The final election results shall be publicized by the
Central Electoral Committee within 7 days of the elections.
Article 80. The Certificate of the Member of the Seimas
After the publication of election results the Central
Electoral Committee shall issue certificates of the members of the
Seimas to the elected members of the Seimas within 3 days, with
the exception of cases provided in Article 76. All disputes
concerning the non-issuance of the certificate of the member of
the Seimas within 3 days shall be settled by the Supreme Court of
the Republic of Lithuania whose decision is final.
Article 81. The Replacement of the Member of the Seimas
Upon the death of a member of the Seimas, or if he is unable
to fulfill the powers of the member of the Seimas, or his powers
as the member of the Seimas are terminated before the expiration
of his term of office as the member of the Seimas:
1) new elections shall be held in a one-candidate electoral
area where he has been elected; and
2) the first non-elected candidate of the political party,
political organization or joint list according to which the
former member of the Seimas has been elected, shall become a
member of the Seimas in a multi-candidate electoral area.
Article 82. Repeat Elections
Repeat elections shall be held:
1) in electoral areas where the voting has not been held or
declared invalid; and
2) in cases provided in Article 75 of this Law.
Repeat elections shall be held within half a year. The
Central Electoral Committee shall establish the actual day of
repeat elections and their procedure.
Article 83. The Declaration of Elections as Invalid
The Central Electoral Committee may declare election results
in electoral areas invalid if it establishes that severe
violations of this Law were committed during voting or that the
falsification of documents had an essential influence on the
election results. (Amended 16 March 1993)
Article 84. The Loss of the Mandate of a Member of the
Seimas
In the event that a candidate to the post of a member of the
Seimas consciously cooperated with the special services of
foreign states and was not thereby carrying out the assignments
of the Republic of Lithuania, he must make a public announcement
thereof as well as indicate the fact in his election posters and
in the posters of the political organization bearing the list of
candidates.
If the candidate fails to act in the prescribed manner, and
if after the elections his cooperation with the KGB or other
foreign special services which was not related to carrying out
the assignments of the Republic of Lithuania is proved, his
powers as the member of the Seimas shall be terminated from that
day forward.
Article 85. The Entry into Force of the Law
This Law shall enter into force on the day of the adoption
of the Resolution of the Supreme Council of the Republic of
Lithuania "On the Election to the Seimas of the Republic of
Lithuania on 25 October 1992."
Vytautas Landsbergis
President
Supreme Council
Republic of Lithuania
Vilnius
9 July 1992
No.I-2721