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Legislation / Electoral Register Law

 

 

Modified by amendments adopted till 26 February 2009

As in force on 12 March 2009

 

The Saeima has adopted

and the President has proclaimed the following Law:

 

Electoral Register Law

 

Article 1. The purpose of this Law is to ensure the establishment of a uniform voter registration system in the territory of the Republic of Latvia – an electoral register (hereinafter – Register) – and to regulate the drawing up of voters’ lists.

Article 2. The Register shall ensure the registration of persons who have the right to vote in the Republic of Latvia in accordance with the Elections to the European Parliament Law and the City Council and Municipality Council Election Law (hereinafter – voters).

Article 3. (1) The Central Election Commission shall perform methodological management and supervision of the operation of the Register.

(2) The information included in the Register shall be processed and the Register shall be maintained by the Office of Citizenship and Migration Affairs (hereinafter – Office).

Article 4. The expenditure associated with the establishment and maintenance of the Register shall be covered from the State budget.

Article 5. (1) The Register shall include, update and store information regarding Latvian citizens with the capacity to act who on the day of the European Parliament, city council and municipality council elections (hereinafter – elections) have reached 18 years of age and are registered in the Population Register.

(11) The Register shall include, update and store data on competent citizens of the European Union who are not Latvian citizens, but are registered in the Population Register and have reached the age of 18 on the day of the city council or municipality council elections.” 

(2) The Register shall include, update and store information regarding citizens of the European Union with the capacity to act who are not Latvian citizens and on the day of the elections to the European Parliament have reached 18 years of age, who are registered in the Population Register or have applied to the Ministry of Foreign Affairs and concerning whom the Central Election Commission has taken a decision regarding the inclusion thereof in the Register in conformity with the law.

Article 6.  (1) The Register shall contain the following information regarding a voter:

1) personal identity number;

2) voter code;

21) date of birth;

3) given name (names);

4) surname;

5) citizenship;

6) information regarding his or her personal identification document:

a) type of document;

b) series and number;

c) date of issue;

d) term of validity;

e) issuing country and issuing authority;

7) residential address;

8) address in a foreign state to which documents for postal voting shall be sent if the voter has applied to vote by post;

81) address at the place of confinement, to which documents for postal voting shall be sent if a voter has applied to vote by post;

9) information regarding the polling station:

a) number;

b) address;

10) sequential number in the voters’ list of the polling station; and

11) information regarding inclusion in the Register and exclusion therefrom.

12) information regarding standing for city council and municipality council elections;

a) date of candidate registration,

b) submitter of a candidate list – a registered political party or registered association of registered political parties, or two or more registered political parties, which have not joined in a registered association of political parties, or a voters association,

c) title of a candidate list,

d) administrative territory of the local government in which a candidate is standing for elections;

13) information regarding standing for elections to the European Parliament:

a) date of candidate registration,

b) submitter of a candidate list – a registered political organization (party) or registered association of political organizations (parties).

(2) Upon entering information in the Register or the updating thereof, the date and reason of the entry and update shall be specified.

Article 7. The Central Election Commission shall submit 120 days before the elections to the Office information regarding all polling stations established, specifying the number and address of each polling station, as well as within three days inform it of any changes to this information.

Article 8. (1) The Office shall electronically compile and issue to local governments 120 days before the elections the data of the Population Register regarding the number of registered voters living at residential addresses (buildings) and the polling station registered in the previous elections within the administrative territory of each local government

(2) Within three weeks from the day of receipt of the information referred to in Paragraph one of this Article, a city council or municipality council shall check and supplement or change the information provided by the Office with the number of a polling station within the administrative territory thereof corresponding to the residential address (house) of a voter and submit the supplemented information to the Office in electronic form established by the Office, which shall update the information included in the Register.

Article 9. (1) The Office shall enter 90 days before the elections into the Register information, on the basis of the information in the Population Register regarding Latvian citizens with the capacity to act, who on the day of the regular elections will reach 18 years of age.

(2) The Office shall enter 90 days before city council and municipality council elections into the Register information, on the basis of the information in the Population Register regarding the citizens of the European Union with the capacity to act who are not Latvian citizens, but are registered in the Population Register and who on the day of the regular elections will reach 18 years of age.

Article 10. The Central Election Commission shall not later than 20 days before elections to the European Parliament enter into the Register information regarding the citizens of the European Union who are not Latvian citizens, but who are registered in the Population Register and concerning whom the Central Election Commission has taken a decision in accordance with the procedures prescribed by law regarding the inclusion thereof in the Register.

Article 11. The Central Election Commission shall not later than 20 days before elections to the European Parliament enter into the Register information regarding the citizens of the European Union who, in accordance with the Vienna Convention on Diplomatic Relations of 18 April 1961 and the Vienna Convention on Consular Relations of 24 April 1963, are exempt from registration in the Population Register and who have applied to the Ministry of Foreign Affairs to vote in the European Parliament elections in the Republic of Latvia not later than 30 days before the elections.

Article 111 (1) An election commission shall enter into the Register information regarding the candidates registered for city council and municipality council elections in accordance with the procedures specified by the Central Election Commission.

(2) The Central Election Commission shall enter into the Register the information regarding candidates registered for elections to the European Parliament.

Article 12. (1) The Office shall not later than 75 days before the elections prepare the initial voters’ list for each polling station.

(2) The voters’ list of a polling station shall include all the voters who have declared their place of residence at the addresses belonging to the relevant polling station or whose last registered residential address was at the addresses belonging to the polling station.

(3) Voters who have registered their place of residence in foreign states shall be included in a voters’ list of voters living abroad.

(4) The voters’ list of a polling station shall include for city council and municipality council elections only those voters who have declared their place of residence at the addresses belonging to the relevant polling station

(5) If city council and municipality council elections are held simultaneously with elections to the European Parliament, voters who are eligible to vote in both elections shall be included in the electoral roll of the polling station which is associated with their declared place of residence in accordance with the provisions of The City Council, County Council and Parish Council Election Law.

Article 13. (1) The Office shall not later than 70 days before the elections send to the voter by post to his or her residential address in Latvia, the information regarding the polling station in the voters’ list of which he or she has been included.

(2) The information referred to in Paragraph one of this Article shall not be sent to voters without a declared place of residence or to voters who have been included in the voters’ list of voters living abroad.

(3) The Office shall not later than 70 days before the elections provide a possibility for a voter to receive the information regarding the polling station in the electoral roll of which he or she has been included on the internet for free.  

Article 14. (1) A voter shall vote at the polling station in the voters’ list of which he or she has been included in accordance with the information contained by the Register.

(2) In city council and municipality council elections a voter has the right to change the polling station, choosing any other polling station within the administrative territory of the local government in which he or she has declared the place of residence or in which his or her immovable property registered in accordance with the procedures prescribed by the law is located.

(3) In the European Parliament elections, a voter has the right to change the polling station, choosing any other polling station within the territory of Latvia.

(4) In respect of his or her wish to change the polling station in the cases referred to in Paragraphs two and three of this Article a voter shall not later than 25 days before the elections personally submit an application to any local government or its institution for the declaration of a place of residence.

(5) If in the city council and municipality council elections a voter chooses a polling station within the administrative territory of the local government in which his or her immovable property registered in accordance with the procedures prescribed by the law is located, he or she shall in addition present to the local government or its institution for the declaration of a place of residence a document certifying his or her property rights.

(6) A local government or an institution thereof for the declaration of a place of residence shall, by using online data transmission, update the information included in the Register regarding change of the polling station on the day when an application is received.

(7) (deleted by the 30.09.2004 law)

Article 15. (1) If an application of a citizen of the European Union has been received in which it is requested to cancel the Register entry in respect of him or her or the citizen of the European Union has lost the right to vote in the Member State of the European Union of which he or she is a citizen, the Central Election Commission shall exclude the respective information from the Register.

(2) The Office in accordance with the information included in the Population Register shall enter information into the Register and update it if:

1) a voter has died;

2) a voter has been recognised as not having the capacity to act or having the capacity to act;

3) a voter has acquired or lost Latvian citizenship;

4) a voter has changed his or her given name (names) or surname;

5) a voter has changed the personal identification document;

6) a voter has lost citizenship of the European Union; or

7) the legal ground for the registration of a voter in the Population Register has been lost.

(3) The Information Centre of the Ministry of the Interior shall in accordance with the information included in the Penalty Register in conformity with the relevant election law update the information included in the Register if a voter is serving a sentence in a place of deprivation of liberty or if a voter is a suspected person, an accused person or a defendant and imprisonment has been applied against him or her as a security measure.

(4) The information entered into the Register in accordance with Paragraphs one, two and three of this Article shall be updated by 6 p.m. on the fifth day before the elections.

Article 16 (1) The Office shall in accordance with the information in the Register draw up voters’ lists 15 days before the elections.

(2) The content and form of voters’ lists shall be approved by the Central Election Commission.

(3) The lists of voters registered in Latvia shall be sent to city and municipality electoral commissions.

Article 17. The Office shall send 10 days before the elections to the voter by post to his or her residential address in Latvia information regarding the polling station in the voters’ list of which he or she has been included if:

1) the voter has notified of a change of the polling station in accordance with the procedures set out in this Law; or

2) in the period from the day of drawing up of the initial voters’ lists the voter has acquired the right to vote in the relevant elections.

Article 18. Having received an application regarding postal voting, the polling station commission for postal voting shall under the online data transmission regime make a note in the Register regarding the application of a voter to participate in the relevant elections by postal vote, and specify the address of the voter in the foreign state to which documents for postal voting shall be sent.

Article 19. (1) The Office shall by 7 p.m. on the fifth day before the elections send to the Central Election Commission the information regarding those persons who have been included in the lists sent to electoral commissions, but who subsequent to the sending of the lists have lost or obtained the right to vote in the relevant elections.

(2) The Central Election Commission shall inform polling stations of changes in the voters’ lists.

(3) Electoral commissions shall make notes in the voters’ lists in accordance with the procedures specified by the Central Election Commission.

Article 20. The information included in the Register shall be accumulated, deposited to the State archive or destroyed in information systems in accordance with the procedures specified in regulatory enactments regulating the archiving of documented data.

Article 21. Decisions regarding the inclusion, refusal to include or exclusion of a person from the Register may be appealed in a court in accordance with the procedures specified in the Administrative Procedure Law. The court shall examine an application not later than within three working days from initiation of the matter. Acourt judgment shall be executed immediately.

 

Informative Reference to a European Union Directive

In this Law have been included the legal norms arising from Council  Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals.

 

This Law shall come into force on February 5, 2004.

This Law was adopted by the Saeima on 22 January 2004.

 

President                                                       

V. Vīķe-Freiberga

Rīga, 29 January 2004