Text size

A A

 

The Saeima Election Law

 

Unofficial translation

 

Modified by amendments adopted till 14 July 2014

As in force on 19 July 2014

 

The Saeima has adopted and the President

of State has proclaimed the following law:

 

 

The Saeima Election Law

 

Chapter I

GENERAL PROVISIONS

 

1. Citizens of Latvia who have reached the age of 18 by election day have the right to vote.

(As amended by the 6 February 2014 Law)

2. (Deleted by the 6 February 2014 Law).

3. A person has the right to vote in any constituency.

4. Any citizen of Latvia who has reached the age of 21 before election day may be elected to the Saeima unless one or more of the restrictions specified in Article 5 of this Law apply.

5. Persons are not to be included in the lists of candidates and are not eligible to be elected to the Saeima if they:

1)    have been placed under statutory trusteeship by the court;

2)    are serving a court sentence in a penitentiary;

3)    have been convicted of an intentionally committed criminal offence except in cases when persons have been rehabilitated or their conviction has been expunged or vacated;

4)    have committed a criminal offence set forth in the Criminal Law in a state of mental incapacity or a state of diminished mental capacity or who, after committing a criminal offence, have developed a mental disorder and thus are incapable of taking or controlling a conscious action and as a result have been subjected to compulsory medical measures, or whose cases have been dismissed without applying such compulsory medical measures;

5)    belong to the salaried staff of the state security, intelligence or counterintelligence services of a foreign country or have belonged to the salaried staff of the state security, intelligence or counterintelligence services of the USSR or the Latvian SSR except persons who have been employed at the Planning, Finance or Administrative Departments of the Committee for State Security of the USSR or the Latvian SSR;

6)    after 13 January 1991 have been active in the Communist Party of the Soviet Union (the Communist Party of Latvia), the International Front of the Working People of the Latvian SSR, the United Board of Working Bodies, the Organisation of War and Labour Veterans, the All-Latvia Salvation Committee or its regional committees;

7)    have been sentenced with a prohibition to stand as a candidate in the elections of the Saeima, European Parliament, city or municipality councils unless they have been rehabilitated or their conviction has been expunged or vacated.

(As amended by the 26 March 1998 Law, the 9 May 2002 Law, the 30 May 2002 Law, the 9 March 2006 Law, the 26 February 2009 Law and the 6 February 2014 Law)

6.  (1) If the President of Latvia, the Auditor General, a member of the Council of the State Audit Office, an ambassador extraordinary and plenipotentiary, a judge of the Constitutional Court, a prosecutor, a police officer or a professional soldier has been nominated as a candidate for the Saeima elections, he/she must resign from office (service) after the list of candidates for the Saeima elections (hereinafter – list of candidates) has been registered and must submit documents certifying his/her resignation to the Central Election Commission within one month.

(2) If a member of the European Parliament is elected to the Saeima, he/she shall lose the mandate of a member of the European Parliament upon giving the solemn oath of a Member of the Saeima. The Central Election Commission shall notify the European Parliament within three weekdays that the person is no longer a member of the European Parliament.

(3) A member of a city or municipality council may be nominated as a candidate for the Saeima elections, but he/she shall lose the mandate in the relevant council upon being elected to the Saeima.

(4) A judge who is not a judge on the Constitutional Court may be nominated for the Saeima elections, but he/she shall lose his/her office upon being elected to the Saeima.

(As amended by the 30 May 2002 Law, the 9 March 2006 Law, the 31 May 2007 Law, the 26 February 2009 Law, the 31 March 2010 Law and the 3 March 2011 Law)

7. (1) Latvia shall be divided into five constituencies for the Saeima elections:

1)    Riga,

2)    Vidzeme,

2)    Latgale,

4)    Kurzeme,

5)    Zemgale.

(2) The Riga constituency shall include the city of Riga;

The Vidzeme constituency shall include the municipalities of Ādaži, Aloja, Alūksne, Amata, Ape, Babīte, Baldone, Beverīna, Burtnieki, Carnikava, Cēsis, Cesvaine, Ērgļi, Garkalne, Gulbene, Ikšķile, Inčukalns, Jaunpiebalga, Kocēni, Krimulda, Ķegums, Ķekava, Lielvārde, Līgatne, Limbaži, Lubāna, Madona, Mālpils, Mārupe, Mazsalaca, Naukšēni, Ogre, Olaine, Pārgauja, Priekuļi, Rauna, Ropaži, Rūjiena, Salacgrīva, Salaspils, Saulkrasti, Sēja, Sigulda, Smiltene, Stopiņi, Strenči, Valka, Varakļāni, and Vecpiebalga, the city of Jūrmala and the city of Valmiera;

The Latgale constituency shall include the municipalities of Aglona, Baltinava, Balvi, Cibla, Dagda, Daugavpils, Ilūkste, Kārsava, Krāslava, Līvāni, Ludza, Preiļi, Rēzekne, Riebiņi, Rugāji, Vārkava, Viļaka, Viļāni, and Zilupe, the city of Daugavpils and the city of Rēzekne;

The Kurzeme constituency shall include the municipalities of Aizpute, Alsunga, Brocēni, Dundaga, Durbe, Grobiņa, Kuldīga, Mērsrags, Nīca, Pāvilosta, Priekule, Roja, Rucava, Saldus, Skrunda, Talsi, Vaiņode, and Ventspils, the city of Liepāja and the city of Ventspils;

The Zemgale constituency shall include the municipalities of Aizkraukle, Aknīste, Auce, Bauska, Dobele, Engure, Iecava, Jaunjelgava, Jaunpils, Jēkabpils, Jelgava, Kandava, Koknese, Krustpils, Nereta, Ozolnieki, Pļaviņas, Rundāle, Sala, Skrīveri, Tērvete, Tukums, Vecumnieki, and Viesīte, the city of Jelgava and the city of Jēkabpils.

(As amended by the 26 February 2009 Law, the 31 March 2010 Law and the 6 February 2014 Law)

8.  (1) The Central Election Commission shall determine the number of seats in the Saeima from each constituency in proportion to the number of voters in that constituency as stated four months before election day according to the data provided by the Population Register; if the Saeima elections take place according to Article 48 of the Constitution, the number of Members of the Saeima elected from each constituency is determined in proportion to the number of voters in that constituency on the day when the elections are announced. Voters residing abroad are included among voters of the Riga constituency.

(2) The number of Members of the Saeima elected from each constituency shall be calculated in the following way:

1)   divide the total number of voters by 100;

2)   divide the number of voters in each constituency by the number obtained from the division set forth in Subparagraph 1 of Paragraph 2 of this Article. The whole numbers obtained in this way indicate the number of Members of the Saeima elected from each constituency;

3)   if the sum of the whole numbers obtained from the division set forth in Subparagraph 2 of Paragraph 2 of this Article is less than 100, the number of seats in the Saeima shall be increased by one, first for the constituency where the result shows the largest fraction, then for the constituency with the next largest fraction, and so on until the sum of the whole numbers is 100;

4)   if any two constituencies show an equal result in fractions, the number of seats in the Saeima shall be first increased for the constituency where the whole number of the result of the division according to Subparagraph 2 of Paragraph 2 of this Article is the smallest;

5)   if any two constituencies show an equal result both in fractions and whole numbers, lots shall be drawn to determine which constituency will have an increased number of seats in the Saeima.

(3) The number of Members of the Saeima to be elected from each of the constituencies shall be published in the official publication Latvijas Vēstnesis not later than 100 days before election day; if the Saeima elections take place according to Article 48 of the Constitution, the announcement shall be published not later than 50 days before election day.

(As amended by the 26 March 1998 Law and the 6 February 2014 Law)

 

Chapter II

SUBMISSION OF LISTS OF CANDIDATES

 

9. (1) A list of candidates may be submitted:

1)   by a legally registered political party;

2)   by a legally registered alliance of political parties.

(2) Lists of candidates shall be submitted to the Central Election Commission by the deadline and according to the procedure set by the Commission. A list of candidates shall be submitted by a person authorised by the decision-making body of the relevant political party or the alliance of political parties.

(3) Lists of candidates shall be accepted starting from the 80th day before election day; the 60th day before election day shall be the last day to accept the said lists.

(4) If the Saeima elections are held according to Article 48 of the Constitution, lists of candidates shall be accepted from the 50th day to the 30th day before election day.

(As amended by the 26 March 1998 Law, the 30 May 2002 Law and the 26 February 2009 Law)

10.  (1) The data to be included in the list of candidates shall be the full name and ID number of each candidate.

(2) The number of candidates on the list may exceed by three candidates the number of seats in the Saeima allotted for the constituency.

(3) The same candidate may be included in only one list of candidates and in only one constituency. If a candidate is included in lists of candidates bearing different names or if a candidate is included in lists of candidates in several constituencies, he/she must be deleted from all lists of candidates.

(4) The name of the list of candidates shall be the same as:

1)   the name of the political party if the list is submitted by a political party;

2)   the name of the alliance of political parties if the list is submitted by an alliance of political parties;

3) (Deleted by the 26 March 1998 Law).

(5) Lists of candidates shall be signed by the person authorised by the decision-making body of the relevant political party or the alliance of political parties. The list of candidates and attached documents (Article 11) shall be prepared by using the application software of the Central Election Commission. The list of candidates, information on candidates and campaign platform shall be submitted in hard copy and electronically.

(As amended by the 26 March 1998 Law, the 30 May 2002 Law, the 9 March 2006 Law, 26 February 2009 Law and the 31 March 2010 Law)

11. The following documents shall be attached to each list of candidates:

1)   a statement signed by each candidate nominated on the list of candidates certifying his/her consent to the nomination and the processing of his/her personal data to be performed in accordance with the provisions of this Law;

2)   the campaign platform not exceeding 4,000 characters signed by all the candidates on the list of candidates;

3)   a declaration signed by each candidate on the list of candidates stating that the candidate is eligible according to Article 4 of this Law and that the restrictions stated in Article 5 of this Law do not apply to him/her;

31) a statement signed by each candidate on the list of candidates attesting to his/her proficiency in the official language on a level appropriate for fulfilment of professional duties;

4)   the following data concerning the candidate as confirmed by his/her signature:

a)   full name, year of birth, gender, and, if the candidate wishes to declare them, his/her nationality and family status;

b)   ID number;

c)  foreign citizenship (nationality), if any;

d)  place of residence (city or municipality);

e)  places of employment and positions (including positions in political parties, religious organisations, trade unions, associations and foundations) or if not employed by an employer, nature of work performed and status;

f)  completed education (name of institution, year of graduation, educational level achieved or degree earned, area of specialisation);

g) (Deleted with the 6 February 2014 Law);

h)  information as to whether the person has or has not collaborated with the USSR’s, the Latvian SSR’s or another country’s state security, intelligence or counterintelligence services on a contractual basis as an agent or a resident officer or owner of an apartment used for clandestine activities;

i)  according to the status on 1 January of the year of submission of the list of candidates – real estate (type and address) in the ownership or possession of the candidate (also as a result of  guardianship or trusteeship); vehicles owned by the candidate (land, air or water vehicles – their type, year of manufacture and registration) that are subject to mandatory registration with state institutions; real estate (type and address) leased to or rented from other persons by the candidate; the amount of the candidate’s debts if the value of each individual debt or their total exceeds 20 minimum monthly salaries as set by the government; loans issued by the candidate if the value of each individual loan or their total exceeds 20 minimum monthly salaries as set by the government; capital shares owned by the candidate, indicating their number and amount; cash reserves in the amount exceeding EUR 700; non-cash reserves and bank card account balances if their amount exceeds EUR 700 (indicating the name of each non-cash reserve holder or bank card issuer); securities – classified by type – owned by the candidate (indicating their type, number, amount [nominal value] and the name of the legal entity – security issuer; regarding privatisation and compensation vouchers, only the number of vouchers is indicated).

j)  (Deleted by the 9 March 2006 Law);

5) (Deleted by the 9 May 2002 Law).

(As amended by the 26 March 1998 Law, the 9 May 2002 Law, the 30 March 2002 Law, the 9 March 2006 Law, the 31 May 2007 Law, the 26 February 2009 Law, 12 September 2013 Law and the 6 February 2014 Law)

12. (1) The Central Election Commission shall register only those lists of candidates whose submitters have made a security deposit of EUR 1,400 in the bank account of the Central Election Commission.

(2) The bank shall issue the depositor a document bearing the date, the name of the depositor and the name of the list of candidates for which the deposit was made. The bank document shall be submitted to the Central Election Commission.

(3) The security deposit shall entitle the depositor to submit lists of candidates bearing the same name for all constituencies; the deposit shall be returned to the depositor if his/her list of candidates receives at least two per cent of valid votes cast.

(4) If a list of candidates receives less than two per cent of valid votes cast, the Central Election Commission shall transfer the security deposit to the state budget.

(As amended by the 30 May 2002 Law, 12 September 2013 Law and the 6 February 2014 Law)

13. (1) Lists of candidates that conform to the provisions of this Law shall be registered by the Central Election Commission.

(2) Lists of candidates that have been registered may not be revoked, and amendments may be made only by the Central Election Commission in one of the following ways:

1)  by deleting the name of a nominated candidate if is ascertained that:

a)  the candidate is not eligible to stand as a candidate in the Saeima elections;

b)  the candidate has not resigned from his/her office (service) as prescribed by Paragraph 1 or 2 of Article 6 of this Law;

c)  the same person has been nominated on lists of candidates bearing different names or on lists of candidates bearing the same name but submitted for several constituencies (Paragraph 3 of Article 10);

d)  the candidate has died;

2) by making an editorial correction.

(3) In the cases referred to in Clauses a and d of Subparagraph 1 of Paragraph 2 of this Article, the candidate’s name shall be deleted from the list of candidates on the basis of a notice issued by the relevant institution or of a court decision.

The following institutions may certify the relevant information:

1) the Department of Citizenship and Migration Affairs – that the candidate is not a citizen of Latvia or is a citizen of Latvia who has not reached the age of 21 by election day;

2) the Information Centre of the Ministry of the Interior – that the candidate is serving a sentence in a penitentiary;

3)  the Information Centre of the Ministry of the Interior – that the candidate has been convicted of a deliberate criminal offence and that his/her conviction has not been expunged or vacated;

4) the Information Centre of the Ministry of the Interior – that the candidate has committed a criminal offence set forth by the Criminal Law in a state of mental incapacity or a state of diminished mental capacity, or after committing a criminal offence, the candidate has developed a mental disorder and thus is incapable of taking or controlling a conscious action and as a result has been subjected to compulsory medical measures, or his/her case has been dismissed without applying such compulsory medical measures;

5) the relevant court by its decision – that the candidate belongs or has belonged to the salaried staff of the USSR’s, the Latvian SSR’s, or another country’s state security, intelligence or counterintelligence services;

6) the relevant court by its decision – that after 13 January 1991, the candidate has been active in the Communist Party of the Soviet Union (the Communist Party of Latvia), the International Front of the Working People of the Latvian SSR, the United Board of Working Bodies, the Organisation of War and Labour Veterans, the All-Latvia Salvation Committee or its regional committees;

7) (Deleted by the 9 May 2002 Law);

8) the Department of Citizenship and Migration Affairs – that the candidate is deceased;

9) the Information Centre of the Ministry of the Interior – that by a court decision the person is prohibited to stand as a candidate in the elections of the Saeima, European Parliament, city or municipality councils.

(4) If the Central Election Commission has made a request, the institutions specified in Paragraph 3 of this Article must present the relevant information within five days in writing and free of charge.

(5) If the Central Election Commission receives information later than the 50th day before election day that the nominated candidate is not eligible to stand as a candidate in the Saeima elections and if the Commission cannot obtain new ballot papers for the given list of candidates, the voters shall be issued previously prepared ballot papers containing the full name of the ineligible candidate. The votes cast for this candidate shall not be taken into account when counting the votes and tallying voting results.

(As amended by the 26 March 1998 Law, the 9 May 2002 Law, the 30 May 2002 Law, the 9 March 2006 Law, the 26 February 2009 Law and the 31 March 2010 Law)

13.(1) The decision of the Central Election Commission to register or to refuse to register a list of candidates, as well as the decision to delete a candidate from the list of candidates, may be appealed in court within three weekdays after the decision has been made.

(2) In order to enforce the court ruling by which the decision referred to in Paragraph 1 of this Article is repealed, the Central Election Commission shall either register or discard the relevant list of candidates or shall either restore the name of a candidate on the registered list of candidates or delete it from the list of candidates.

(As supplemented by the 9 March 2006 Law)

14. (1) The Central Election Commission shall assign numbers to the lists of candidates by first choosing the numbers by lot for those lists of candidates which are registered for all five constituencies, then for those which are registered for four constituencies, and so on. Choosing by lot shall be done in each of the above groups in the sequence that the lists of candidates were registered. The lists of candidates bearing the same name shall have the same number in all constituencies.

(2) The Central Election Commission shall ensure that the lists of candidates are printed on separate forms — ballot papers — and are delivered to polling station commissions.

(3) The ballot paper shall contain the following data:

1)   the name of the constituency;

2)   the number of the list of candidates;

3)   the name of the list of candidates;

4)   full names of the nominated candidates.

(4) In the ballot paper there shall be a blank space opposite each candidate’s name for the voter’s marking.

(5) The Central Election Commission shall ensure that ballot envelopes are ordered and delivered to polling station commissions.

(6) The name of the election and the number of the convocation of the Saeima to be elected shall be printed on each ballot envelope.

(As amended by the 9 March 2006 Law)

15. The Central Election Commission shall ensure that not later than 20 days or, if the Saeima elections are held in accordance with Article 48 of the Constitution, not later than 10 days before election day, the official publication Latvijas Vēstnesis publishes the following information:

1)   campaign platforms;

2)   all the lists of candidates and information about each candidate as set forth by this Law except the ID number of the candidate;

3)   data concerning each candidate as specified in Clauses a and c – i of Subparagraph 4 of Article 11 of this Law;

4)   full names of the candidates about whom the Centre for the Documentation of the Consequences of Totalitarianism has information stating that at its disposal or in the State Archives or other national depositories there are documents certifying the fact that these candidates allegedly collaborated with the USSR’s, the Latvian SSR’s or another country’s state security, intelligence or counterintelligence services on a contractual basis as agents or resident officers or that they were owners of apartments used for clandestine activities.

(As amended by the 26 March 1998 Law, the 9 May 2002 Law, the 30 May 2002 Law, the 9 March 2006 Law, the 31 March 2010 Law and the 6 February 2014 Law)

 

Chapter III

VOTING PROCEDURE

 

16. (1) Not later than five days before election day, each polling station shall:

1)   prominently display announcements about the registered lists of candidates, as well as campaign platforms;

2)   make available to the public the data on each candidate as specified in this Law except the candidate’s ID number.

(2) City and municipality election commissions shall determine in which polling stations the ballots may be submitted for safe-keeping. Not later than 15 days before election day, the city and municipality election commissions shall announce the address and the opening and closing time of the polling stations.

(As amended by the 26 March 1998 Law, the 9 May 2002 Law, the 30 May 2002 Law, the 9 March 2006 Law, the 26 February 2009 Law, the 13 December 2012 Law and the 6 February 2014 Law)

17. Elections shall be held from 7 a.m. to 8 p.m., local time, on the first Saturday of October. If the Saeima elections are to be held at some other time of the year in case of the dissolution of the Saeima, election day shall be determined by the Central Election Commission. 

(As amended by the 4 September 2003 Law and the 31 March 2010 Law)

18. (1) At 7 a.m. the chairperson or the secretary of the polling station commission, in the presence of the commission, shall ascertain whether the ballot boxes are empty. Then the ballot boxes shall be sealed.

(2) At a polling station, up to two authorised observers from each political party or alliance of political parties that has submitted a list of candidates in the given constituency, members of the Central Election Commission, members of the relevant city or municipality election commission and persons authorised by the said commissions, as well as media representatives, may simultaneously observe the election process but may not interfere with the work of the polling station commission. A candidate may not be an authorised observer.

(As amended by the 30 may 2002 Law, the 9 March 2006 Law, the 26 February 2009 Law and the 6 February 2014 Law)

19. (1) During elections the maintenance of order at the polling station shall be the responsibility of the chairperson of the polling station commission. He/she shall ensure that there is no infringement of voting rights, no public disturbance and no campaigning inside the polling station or within 50 meters from the entrance to the building in which the polling station is located.

(2) The chairperson of the polling station commission shall be responsible for safeguarding and storing documents, materials and assets at the disposal of the relevant polling station commission.

(As amended by the 30 May 2002 Law and the 9 March 2006 Law)

20.  (1) A Latvian citizen’s passport shall be a voter’s identification document.

(2) (Deleted by the 26 March 1998 Law).

(As amended by the 26 March 1998 Law)

21. Unless the exceptions specified in Article 25 of this Law apply, a voter may cast a vote only in person.

22. (1) Voting shall be by secret ballot.

(2) Each voter shall be issued a complete set of ballot papers containing the lists of candidates nominated for the constituency and a ballot envelope bearing the stamp of the relevant polling station commission. The voter shall insert into this envelope the ballot paper containing the list of candidates for which he/she has chosen to vote. It is prohibited to issue any ballot paper separately.

(3) Inside the polling station, a member of the polling station commission, having checked that the person is an eligible voter and that his/her passport does not already contain a stamp about participation in the current Saeima elections, shall write the full name and ID number of the voter in the list of voters and shall stamp the voter’s passport indicating that he/she has participated in the current Saeima elections. The voter shall sign the list of voters confirming the receipt of a complete set of ballot papers containing the lists of candidates nominated for the constituency along with the ballot envelope.

(4) Members of the election commissions shall be prohibited from campaigning for or against any candidates or lists of candidates.

(As amended by the 26 March 1998 Law, the 30 May 2002 Law and the 9 March 2006 Law)

23.  (1) A separate room or compartment shall be provided inside the polling station for the voter to insert one ballot paper into the ballot envelope and seal it in privacy.

(2) The voter may choose to put a “+” mark opposite the name of a candidate, to cross out the name or surname of a candidate or to leave the ballot paper unmarked.

(3) The “+” mark opposite the name of a candidate indicates special support given to the candidate by this voter. If the voter does not support a candidate listed on the ballot paper, he/she may cross out the name or surname of this candidate. The voter may also insert an unaltered (unmarked) ballot paper into the ballot envelope.

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

(5) If the voter has damaged the ballot paper or the ballot envelope before inserting the ballot paper into the ballot envelope, a new ballot envelope or a new set of ballot papers containing the lists of candidates nominated for the constituency shall be issued to the voter. The voter shall sign the list of voters, thus confirming receipt of a duplicate ballot envelope, and a special entry to this effect shall be made in the journal of the voting process.

(As amended by the 26 March 1998 Law, the 30 May 2002 Law, the 9 March 2006 Law and the 6 February 2014 Law)

24. (1) On the basis of a written submission which is filed by a voter, a person authorised by him/her or his/her trustee and which is registered in a special journal, the polling station commission shall conduct voting by secret ballot at the place where the voter is located (off-site) for the following voters:

1) for voters unable to come to the polling station for health reasons, as well as for their caretakers;

2) for caretakers of the ill.

Specially authorised observers shall have the right to supervise such voting.

(2) (Deleted by the 6 February 2014 Law).

(3) Other voters shall not be permitted to vote outside the polling station.

(4) On election day, the polling station commission shall continue to accept written requests to conduct off-site voting. Requests received after 12 o’clock shall be fulfilled if it is possible to arrive at the place where the voter is located before 8 p.m.

(5) Names of the voters who vote off-site as provided in Paragraphs 1 and 2 of this Article shall be entered in a separate list of voters, and their sealed ballot envelopes shall be dropped into a separate sealed ballot box.

(6) Information about the ballot envelopes issued at the place where the voter is located and unused ballot envelopes, including damaged ones, shall be entered in the journal of the voting process.

(7) (Deleted by the 26 February 2009 Law).

(As amended by the 30 May 2002 Law, the 9 March 2006 Law, the 26 February 2009 Law and the 6 February 2014 Law)

25. If a physical handicap prevents a voter from voting or signing the list of voters, a member of his/her family or some other trusted person shall make marks in the ballot paper and shall sign the list of voters in the voter’s presence according to his/her instructions. A special entry to this effect shall be made in the list of voters. A member of the relevant election commission may not act as this trusted person.

(As amended by the 26 March 1998 Law and the 9 March 2006 Law)

26. (1) On election day, employers shall give their employees the time off required for voting.

(2) Soldiers shall be given a leave of absence for the time required for voting.

(As amended by the 9 March 2006 Law)

27.  On election day, only those voters who have entered the polling station before 8 p.m. shall be allowed to cast their votes after 8 p.m. Then the polling station shall be closed.

(1)   (Deleted by the 26 March 1998 Law);

(2)   (Deleted by the 26 March 1998 Law).

(As amended by the 26 March 1998 Law, the 6 April 2006 Law and the 31 March 2010 Law)

28.  (1) Starting with the opening of polling stations on election day, the secretary of the polling station commission or, in his/her absence, another member of the commission authorised by the chairperson of the commission shall keep the journal of the voting process in accordance with the procedure set by the Central Election Commission.

(2) Any complaints made by voters about the voting process shall be immediately filed with the chairperson of the polling station commission and registered in the journal of the voting process. Complaints about the voting process shall be examined, and a reply shall be issued to the submitter of the complaint; the substance of the complaint shall be recorded in the journal of the voting process.

(As amended by the 30 May 2002 Law, the 9 March 2006 Law and the 6 February 2014 Law)

 

Chapter IV

COUNTING OF VOTES AND Tallying OF VOTING RESULTS

 

29. (1) The preliminary counting of votes shall start immediately after the polling stations have closed. Votes shall be counted at an open meeting of the polling station commission.

(2) Up to two authorised observers from each political party or alliance of political parties that have submitted a list of candidates in the relevant constituency, members of the Central Election Commission, members of the relevant city or municipality election commission and persons authorised by the said commissions, as well as media representatives, may be simultaneously present at the commission meeting, but they may not interfere with the work of the commission.

(As amended by the 30 May 2002 Law, the 9 March 2006 Law and the 26 February 2009 Law)

30.  Immediately after the closing of the polling station, the polling station commission shall seal the ballot boxes, close the lists of voters and prepare the room for the counting of votes. Unused voting materials shall be packaged or placed in accordance with the procedure set by the Central Election Commission so that they do not interfere with vote counting.

(As amended by the 30 May 2002 Law)

31. (1) The polling station commission shall write vote-counting minutes in two copies. The vote-counting minutes shall consist of two parts:

1)   the preliminary vote counting (hereinafter — first part of the vote-counting minutes);

2)   tallying of final results (hereinafter — second part of the vote-counting minutes).

(2) Before opening the ballot boxes, the polling station commission shall record in the first part of the vote-counting minutes the number of received, used and unused ballot envelopes and the number of voters at the polling station and at places where the voters are located. The unused stamped envelopes shall be invalidated.

(3) After the information specified in Paragraph 2 of this Article has been recorded in the first part of the vote-counting minutes and after the unused election materials and ballot envelopes have been packaged, the ballot boxes shall be opened. The ballot boxes shall be opened one at a time, and the ballot envelopes shall be counted.

(4) The unopened ballot envelopes removed from each ballot box shall be sorted as valid or invalid envelopes.

(5) The envelopes shall be deemed invalid if they are torn, if they do not bear a stamp of the relevant polling station or if they do not bear the name of the relevant election and the number of the convocation of the Saeima to be elected.

(6) The invalid envelopes shall be counted and packaged unopened, and their number shall be indicated on the package. The total number of invalid ballot envelopes shall be recorded in the journal of the voting process.

(7) The number of valid ballot envelopes removed from each ballot box must be equal to or less than the number of voters on the list of voters.

(8) If the ballot box contains ballot papers that have not been inserted into ballot envelopes, they shall be invalidated and packaged in accordance with the procedure set by the Central Election Commission.

(As amended by the 30 May 2002 Law, the 9 March 2006 Law and the 6 February 2014 Law)

32.  (1) After the valid ballot envelopes have been counted, they shall be opened and grouped according to their contents as follows:

1)    envelopes containing one ballot paper from the relevant constituency;

2)    envelopes containing more than one ballot paper;

3)    envelopes containing a ballot paper from another constituency;

4)    envelopes containing a torn ballot paper;

5)    envelopes containing no ballot paper.

(2) Envelopes that contain one ballot paper from the relevant constituency need not be kept after the ballot papers have been removed from them. The ballot papers from these envelopes shall be placed together for counting.

(3) Empty ballot envelopes and envelopes that contain more than one ballot paper, a torn ballot paper or a ballot paper from another constituency shall be placed separately along with their contents.

(As amended by the 30 May 2002 Law)

33.  (1) After all the valid ballot envelopes have been opened, the polling station commission shall rule on the validity of ballot papers that were in ballot envelopes containing several ballot papers, torn ballot papers or ballot papers from another constituency.

(2) If a ballot envelope contains several identical ballot papers, only one of them shall be regarded as valid; it shall be placed together with other valid ballot papers, but the remaining ones shall be regarded as invalid.

(3) Empty ballot envelopes and ballot envelopes that contain torn ballot papers shall be regarded as envelopes that contain invalid ballot papers.

(4) If a ballot envelope contains more than one ballot paper and if these ballot papers are different in content (or have different markings), the ballot envelope shall be regarded as an envelope that contains an invalid ballot paper.

(5) The polling station commission shall resolve differences of opinion concerning the validity of ballot papers by majority vote. In case of a tie vote, the chairperson of the commission shall have the deciding vote.

(6) The valid ballot papers shall be grouped according to the names of the lists of candidates. Then the votes cast for each list of candidates shall be counted.

(7) After the votes cast for each list of candidates have been counted, the polling station commission, in accordance with the procedure set by the Central Election Commission, shall promptly announce the number of votes cast for each list of candidates.

(As amended by the 30 May 2002 Law)

34(Deleted by the 6 February 2014 Law).

35. (1) Ballot papers cast for each list of candidates shall be sorted into two groups – marked and unmarked ballot papers. A ballot paper on which a voter has placed a “+” mark opposite the name of a candidate or has crossed out the name or surname of a candidate shall be regarded as marked. All other ballot papers shall be regarded as unmarked. The following marked ballot papers shall be counted for each candidate:

1) ballot papers with a “+” mark opposite the name of a candidate;

2) ballot papers with the name or surname of a candidate crossed out.

(2) The polling station commission shall record in the second part of the vote-counting minutes the final results of the vote tallying.

(3) After the vote tallying results have been confirmed, the polling station commission shall report them to the authorised observers and media representatives.

(As amended by the 30 May 2002 Law, the 9 March 2006 Law and the 6 February 2014 Law)

35.1  (1)The submitters of the lists of candidates have the rightto read the vote-counting minutes and to contest these minutes by presenting their objections to the Central Election Commission within three weekdays after the decision to approve the results reflected in the minutes has been adopted. The Central Election Commission shall examine the complaint and take a decision within three days.

(2) The decision of the Central Election Commission concerning the contested vote-counting minutes of the polling station may be appealed in court within three weekdays after its adoption.

(As supplemented by the 9 March 2006 Law)

36. When the tallying and recording of votes in the vote-counting minutes have been completed, all the cast valid and invalid ballot papers, together with ballot envelopes, unused stamped ballot envelopes, invalid ballot envelopes and one copy of the vote-counting minutes, shall be packaged and sealed. The authorised observers present shall also have the right to affix their own stamps or put their signatures on the package; if they do so, a note to this effect shall be entered in the journal of the voting process. The unused unstamped ballot envelopes shall be packaged separately. Then, in accordance with the procedure set by the Central Election Commission, the polling station commission shall deliver all election materials to the Central Election Commission.

(As amended by the 30 May 2002 Law, the 9 March 2006 Law, the 26 February 2009 Law and the 6 February 2014 Law)

37. (Deleted by the 26 February 2009 Law).

38. (1) The Central Election Commission shall determine which candidates have been elected in each constituency. Lists of candidates bearing the same name that have received less than five percent of the total number of votes cast in all constituencies, regardless of the number of constituencies for which these lists of candidates have been nominated, shall be excluded from the allocation of seats in the Saeima. The number of valid ballot envelopes shall be regarded as the total number of votes cast (the total number of voters taking part in the election).

(2) The following procedure for allocating seats in the Saeima among the remaining lists of candidates shall be applied:

1)  the number of valid ballot papers cast for each list of candidates in each constituency shall be counted;

2)  the number of ballot papers cast for each list of candidates shall be divided by odd numbers — 1, 3, 5, 7 and so forth –– until the number of the division equals the number of candidates nominated on the list of candidates;

3)  all the quotients concerning all the lists of candidates in a constituency shall be numbered in descending order;

4)  within a constituency the lists of candidates that have the highest division results shall win seats in the Saeima. If the quotient, the order number of which is equal to the number of seats determined for the constituency, coincides with one or several consecutive quotients, the list of candidates that has received the largest number of votes in all constituencies shall win an additional seat. If lists of candidates have been registered in only one constituency, the seat shall be won by the list of candidates which was registered first.

(As amended by the 26 March 1998 Law and the 27 May 1998 Law)

39.  The names of the candidates nominated on each list of candidates shall be ranked according to the number of votes they have received. The number of votes cast for each candidate shall be equal to the number of votes cast for the list of candidates in which his/her name has been included, minus the number of ballot papers on which the name or surname of this candidate has been crossed out plus the number of all the ballot papers on which the voters have made a “+” mark opposite the name of a candidate. If two or more candidates on the same list of candidates have received an equal number of votes, they shall be ranked in the same order as on the originally submitted list of candidates. The candidates who have received the largest number of votes shall be regarded as elected, whereas the others shall remain as candidates, and their names shall be ranked in the order of the largest number of votes received.

40(Deleted by the 31 March 2010 Law).

41. If an elected Member of the Saeima has died, declined his/her mandate, lost or given it up for some other reason, he/she shall be replaced by the candidate ranked next on the same list of candidates.

42. If for any reason specified in Article 41 of this Law, a list of candidates is short of candidates, then the list of candidates which will win a seat in the Saeima shall be determined according to the procedure set by Article 38 of this Law.

 

Chapter V

PARTICIPATION OF CITIZENS OF LATVIA IN THE SAEIMA ELECTIONS IF AT ELECTION TIME THEY RESIDE IN A FOREIGN COUNTRY, PARTICIPATE IN INTERNATIONAL MISSIONS, ARE IN A PENITENTIARY FOR SECURITY REASONS OR ARE SERVING A SENTENCE

(The title of this Chapter was amended by the 26 February 2009 Law and the 6 February 2014 Law)

 

43. (1) Upon the proposal of the Ministry of Foreign Affairs, the Central Election Commission shall establish polling stations in diplomatic and consular missions of the Republic of Latvia.

(2) Upon consultation with the Ministry of Foreign Affairs, the Central Election Commission may also establish polling stations in other premises suitable for this purpose.

(3) Voters who during election time are staying abroad may vote on election day in person at one of the established polling stations, or they may vote by mail in accordance with the procedure set by this Law.

(4) The Central Election Commission may establish election commissions and polling stations on ships sailing under the flag of Latvia and registered in the Republic of Latvia.

(5) Voting abroad and aboard ships may be conducted provided that compliance with the provisions of this Law can be ensured.

(As amended by the 9 March 2006 Law)

44. (1) Voters casting their votes in polling stations that have been established abroad or aboard ships shall receive ballot papers containing the lists of candidates nominated for the Riga constituency, and their votes shall be added to the other votes cast in the Riga constituency.

(2) The voting procedure for polling stations located abroad shall comply with the provisions of Chapter III of this Law (except Article 24).

(As amended by the 27 May 1998 Law and the 30 May 2002 Law)

45. (1) A voter wishing to vote by mail shall submit an application to this effect to the relevant diplomatic or consular mission of the Republic of Latvia and shall present his/her Latvian citizen’s passport. In the application the voter shall indicate his/her full name, ID number and the address to which the election materials should be sent. The voter may apply to vote by mail five months before election day but not later than three weeks before election day. If the Saeima elections take place according to Article 48 of the Constitution, the voter may apply to vote by mail one week after the elections are announced, but not later than two weeks before election day.

(2) Having received such an application, an officer of the diplomatic or consular mission shall:

1)  according to the presented passport, ascertain whether the person is a citizen of the Republic of Latvia who has reached 18 years of age and whether his/her passport does not already bear a mark about participation in the current Saeima elections;

2)  enter the name of the voter in a special voting-by-mail register;

3)  make a mark in the voter’s passport about participation in the current Saeima elections.

(3) If the application for voting by mail has been submitted without observing the deadline and the procedure specified in Paragraph 1 of this Article or if the person is not entitled to vote or if his/her passport already bears a mark indicating that he/she has already participated in the current Saeima elections, the officer of the diplomatic or consular mission shall decline to deliver election materials and shall justify the refusal. The filing of an appeal shall not nullify the decision.

(4) A voter who has registered for voting by mail may change the address to which the election materials should be sent not later than three weeks before election day by submitting an application to the relevant diplomatic or consular mission. If the Saeima elections take place according to Article 48 of the Constitution, the voter may change the address to which the election materials should be sent not later than two weeks before election day by submitting an application to the relevant diplomatic or consular mission.

(5) When the polling station commission starts its work, the officer of the diplomatic or consular mission shall transmit voters’ registers to the commission.

(6) Not later than 15 days before election day, the polling station commission shall send to the voter, at the address indicated in the voter’s application, a complete set of ballot papers containing the lists of candidates nominated for the Riga constituency, a ballot envelope bearing the stamp of the given polling station and a registration form containing information about the voting procedure and indicating the number assigned to the voter in the voting-by-mail register. If the Saeima elections take place according to Article 48 of the Constitution, not later than 10 days before election day, the polling station commission shall send to the voter, at the address indicated in the voter’s application, a complete set of ballot papers containing the lists of candidates nominated for the Riga constituency, a ballot envelope bearing the stamp of the relevant polling station and a registration form containing information about the voting procedure and indicating the number assigned to the voter in the voting-by-mail register.

(As amended by the 9 March 2006 Law, the 31 March 2010 Law and the 14 July 2011 Law)

45.1        (1) Voters who are in a penitentiary for security reasons or who are serving a sentence in the penitentiary may vote in the penitentiary.

(2) A voter who wants to vote in the penitentiary, shall file an application with the prison administration indicating his/her full name and ID number. The voter may apply for voting in the penitentiary not later than two days before election day.

(3) Administration of the penitentiary shall determine whether the person who wants to vote in the penitentiary is a citizen of the Republic of Latvia who will be 18 years of age by election day; if these requirements are met, the administration shall register the submission in the register of voting in penitentiaries.

(4) One day before election day, the administration of the penitentiary shall deliver the register indicated in Paragraph 3 of this Article to the relevant polling station commission.

(5) On election day, after the ballot station has been opened and ballot boxes have been sealed, the polling station commission shall deliver to the administration of the penitentiary forms of the lists of voters, lists of candidates nominated for the relevant constituency, ballot envelopes bearing a stamp of the relevant polling station commission and a sealed ballot box.

(As supplemented by the 26 February 2009 Law) 

45.2  (1) At the penitentiary, its administration shall enter the full name and ID number of the voter on the list of voters. The voter shall sign the list of voters confirming the receipt of the complete set of ballot papers containing the lists of candidates nominated for the relevant constituency and the ballot envelope.

(2) The voter shall select the ballot paper containing the list of candidates for which he/she has chosen to vote, if desired, he/she shall use the marks referred to in Article 23 of this Law, insert the ballot paper into the ballot envelope and seal it. Then the voter shall drop the sealed ballot envelope into the ballot box.

(3) The administration of the penitentiary shall be prohibited from campaigning for or against any candidates or lists of candidates.

(4) When the voting is over, the administration of the penitentiary shall immediately deliver the lists of voters, unused ballot envelopes and the ballot box to the relevant polling station.

(As supplemented by the 26 February 2009 Law)

45.3(1) Soldiers and national guardsmen participating in international missions shall vote in their respective place of deployment provided that compliance with the provisions of this Law can be ensured.

(2) Not later than four weeks before election day, the Central Election Commission shall deliver the polling station’s stamp, passport stamps, lists of voters, sets of ballot papers containing all the lists of candidates nominated for the Riga constituency, ballot envelopes and a ballot box to the National Armed Forces to be transferred to a person authorised by the Commander of the National Armed Forces.

(3) On election day, before the voting, the person authorised by the Commander of the National Armed Forces shall verify whether the ballot box is empty and then shall seal it in the presence of the first voter. The person authorised by the Commander of the National Armed Forces shall enter the full name and ID number of the voter on the list of voters and shall stamp the voter’s passport indicating that he/she has participated in the current Saeima elections. The person authorised by the Commander of the National Armed Forces shall issue to each voter a complete set of ballot papers containing the lists of candidates nominated for the Riga constituency and a ballot envelope bearing the stamp of the given polling station commission; the voter shall confirm the receipt thereof by signing the list of voters. It is prohibited to issue any ballot paper separately. Voting shall take place in the presence of at least three voters.

(4) Voting shall be by secret ballot. A separate compartment shall be provided inside the polling station in accordance with Paragraph 1 of Article 23.

(5) The voter shall select the ballot paper containing the list of candidates for which he/she wishes to vote; if desired, he/she may use the marks referred to in Paragraphs 2 and 3 of Article 23 of this Law; he/she shall insert the ballot paper into the ballot envelope and seal it. Then the voter shall drop the sealed ballot envelope into the sealed ballot box.

(6) The votes shall be counted in accordance with the procedure set forth by the Central Election Commission. For this purpose, a vote-counting commission of at least three voters shall be formed. 

(7) When the counting of votes and recording of votes in the vote-counting minutes have been completed, all the lists of voters, all the valid and invalid ballot papers together with their ballot envelopes, unused and invalid ballot envelopes, the journal of the voting process and the vote-counting minutes shall be packaged, sealed and immediately delivered to the Joint Headquarters of the National Armed Forces to be forwarded to the Central Election Commission.

(8) The voting process in the place of deployment of an international mission shall be monitored by a person authorised by the Commander of the National Armed Forces.

(9) Soldiers and national guardsmen wishing to vote by mail shall follow the procedure set forth in Article 45 of this Law.

(As supplemented by the 6 February 2014 Law)

46.  (1) Having received election materials for voting by mail, the voter shall select the ballot paper containing the list of candidates for which he/she wishes to vote; if desired, he/she may use the marks referred to in Article 23 of this Law; insert the ballot paper into the ballot envelope and seal it.

(2) The voter shall insert the sealed ballot envelope into a mailing envelope, together with the registration form indicating the full name and ID number of the voter, and shall immediately send the mailing envelope to the polling station commission from which he/she received the election materials. The mailing envelope shall bear the voter’s number in the voting-by-mail register and a notation that it contains a ballot envelope.

(As amended by the 30 May 2002 Law)

47. (1) The polling station commission shall count votes in accordance with the procedure set by Chapter IV of this Law.

(2) The polling station commission shall open only those mailing envelopes which have been received by the time the counting of votes started at the relevant polling station. The valid ballot envelopes shall be kept unopened until the opening of the ballot boxes.

(3) When the polling station commission has opened the ballot box and has grouped the valid ballot envelopes, then before opening them, it shall add to them the ballot envelopes received by mail.

(As amended by the 9 March 2006 Law)

48.  (1) If the polling station commission receives a mailed envelope addressed to the relevant polling station before the vote counting starts and if the mailed envelope bears a notation that a ballot envelope is enclosed, the commission shall:

1)  ascertain if the voter’s name has been entered in the voting-by-mail register and if the receipt of the ballot envelope from this voter has not already been recorded in the register;

2)  ascertain if the ballot envelope bears the stamp of the relevant polling station commission;

3)  make an entry in the voting-by-mail register.

(2) A ballot envelope shall be regarded as invalid if it:

1)  does not bear the stamp of the relevant polling station commission;

2)  has been mailed by a voter whose name is not listed in the voting-by-mail register;

3)  has been mailed by a voter for whom an entry in the voting-by mail register has already been made certifying the receipt of a ballot envelope.

(3) Invalid ballot envelopes shall not be opened and shall not be dropped into the ballot box. They shall be numbered, and an entry explaining why they are regarded as invalid shall be made in the minutes. Invalid ballot envelopes, together with applications and mailing envelopes, shall be stored in accordance with the procedure set by the Central Election Commission.

(As amended by the 30 May 2002 Law)

  

Chapter V1

SUBMITTING BALLOTS FOR SAFE-KEEPING

 

48.1 (1) Voters may submit ballots for safe-keeping three days prior to election day. Polling stations where ballots may be submitted for safe-keeping shall be set up in cities and municipalities with at least 7,500 eligible voters. In municipalities with more than 20,000 eligible voters, polling stations where ballots may be submitted for safe-keeping shall be set up to ensure that there is one such polling station per 20,000 voters. The working hours of polling stations shall be as follows: 5 p.m. – 8 p.m. on Wednesday; 9 a.m. – 12 p.m. on Thursday; 10 a.m. – 4 p.m. on Friday. During these working hours, polling stations shall be staffed by at least four members of the polling station commission.

(2) Inside the polling station, a member of the polling station commission, having checked that the person is an eligible voter and that his/her passport does not already contain a stamp about participation in the current Saeima elections, shall write the full name and ID number of the voter in the list of voters and shall stamp the voter’s passport indicating that he/she has participated in the current Saeima elections. The voter shall sign the list of voters confirming the receipt of a complete set of ballot papers containing the lists of candidates nominated for the constituency and the ballot envelope. A ballot may be submitted for safe-keeping only once.

(3) Each voter shall be issued a complete set of ballot papers containing the lists of candidates nominated for the constituency and a ballot envelope bearing the stamp of the relevant polling station commission.

(4) The voter shall perform the actions set forth in Article 23 of this Law in privacy, shall hand over the sealed ballot envelope to the polling station commission, which, in the presence of the voter, shall then place it in a registration envelope marked with the full name of the voter and number assigned to him/her in the list of voters, and drop the registration envelope into a sealed ballot box.

(5) The voter who has submitted his/her ballot for safe-keeping may vote on election day only at the polling station where he/she submitted the ballot for safe-keeping. The polling station commission shall then annul the entry on the submission of a ballot for safe-keeping in the list of voters, and the voter shall cast a vote in accordance with the procedure set forth in Chapter III of this Law.

(6) Upon opening the ballot boxes after the voting has ended (Paragraph 3 of Article 31), the polling station commission shall sort the registration envelopes into two groups – valid and invalid envelopes. A registration envelope shall be deemed invalid if the voter has cast a vote on election day or if it does not bear the full name of the voter and number assigned to him/her in the list of voters. The invalid registration envelopes shall be counted and packaged unopened. The polling station commission shall open the valid registration envelopes and count the votes in accordance with the procedure set forth in Chapter IV (Paragraph 4 of Article 31) of this Law.

(As supplemented by the 6 February 2014 Law)

 

Chapter VI

FINAL PROVISIONS

 

49. Final election results and the number of votes received by each candidate on each list of candidates at every polling station shall be compiled within six months and issued in a separate publication which shall be made freely accessible in state libraries.

50. When 10 days have passed after the convening of the newly elected Saeima, all the ballot papers shall be destroyed, and after the publication of the election results in accordance with the procedure set in Article 49 of this Law, all the minutes of the election commissions shall be deposited in the State Archives.

(As amended by the 26 March 1998 Law)

51. (1) Persons who have submitted lists of candidates shall have the right to appeal in court the Central Election Commission’s decision to approve the election results within three weekdays after the decision has been made.

(2) The filing of an appeal in court shall not nullify the Central Election Commission’s decision specified in Paragraph 1 of this Article.

(As amended by the 9 March 2006 Law)

52. Persons who have been found guilty of using violence, deceit, threats, bribery or any other illegitimate means in order to hinder citizens from voting or from campaigning or who have intentionally given false personal information in the documents specified in Article 11 of this Law or persons who have otherwise counterfeited election materials, deliberately miscounted the votes, breached the rule of confidentiality in voting or otherwise violated this Law shall be made liable as provided by law.

52.1   (1) Within five days after receiving a sentence in a criminal case regarding violations committed during an election, the Central Election Commission shall evaluate whether these violations have affected the allocation of seats in the Saeima and shall adopt one of the following decisions:

1)    not to reallocate the seats in the Saeima among the registered candidates;

2)    to reallocate the seats in the Saeima among the registered candidates.

(2) The decision of the Central Election Commission set forth in Paragraph 1 of this Article may be appealed in court within 10 days after the decision has been made.

(3) When one of the decisions specified in Paragraph 1 of this Article has been chosen and has become final, the Central Election Commission shall report it to the Mandate, Ethics and Submissions Committee of the Saeima.

(As supplemented by the 9 March 2006 Law)

52.(1) Having received the Central Election Commission’s decision regarding reallocation or non-reallocation of seats in the Saeima, the Mandate, Ethics and Submissions Committee of the Saeima shall announce this decision at the next plenary sitting.

(2) If the Saeima supports the Central Election Commission’s decision, then as of the moment of its announcement, the term of office of the Member of the Saeima mentioned in the decision shall expire, and the Presidium shall invite another person mentioned in the decision to become a Member of the Saeima.

(As supplemented by the 9 March 2006 Law)

53. (1) Costs arising from the preparing and holding of elections shall be covered from the state budget.

(2) If the Saeima elections take place according to Article 48 of the Constitution, the Central Election Commission shall start to prepare for the elections with the same amount of funds that was allocated for preparing and holding the previous Saeima elections.

(As amended by the 14 July 2011 Law)

54.  (1) In the case specified in Paragraph 1 of Article 131,an appeal shall be submitted to the District Administrative Court, but in cases specified in Paragraph 2 of Article 351, Paragraph 1 of Article 51 and Paragraph 2 of Article 52appeals shall be submitted to the Department of Administrative Cases of the Supreme Court Senate.

(2) In examining an appeal, the court shall act as the court of first instance. The appeal shall be examined by a court panel composed of three judges.

(3) The court shall examine the appeal and make a decision:

1)    in cases specified in Paragraph 1 of Article 13, Paragraph 2 of Article 35and Paragraph 1 of Article 51 – within 7 days after the receipt of the appeal;

2)    in the case specified in Paragraph 2 of Article 52– within 30 days after the receipt of the appeal.

(4) The appellant shall specify the justification for the appeal. The burden of proof lies with the participants in the administrative proceedings.

(5) If the deadline for carrying out a particular procedural activity is specified by law and if in carrying out this particular procedural activity the deadlines set in Paragraph 3 of this Article cannot be observed, the judge (court) shall determine the deadline by which the relevant procedural activity must be carried out.

(6) The court decision, as well as other decisions which are taken while carrying out the procedural activities related to examining an application or an initiated case, cannot be appealed.

(As supplemented by the 9 March 2006 Law)

55.  The Saeima elected according to Article 48 of the Constitution shall hold its first sitting on the day set by the Central Election Commission.

(As supplemented by the 14 July 2011 Law)

 

TRANSITIONAL PROVISIONS

(As adopted by the 26 February 2009 Law, and amended by the 8 September 2011 Law and the 6 February 2014 Law)

 

1.  Amendments to Paragraph 8 of Article 5, Paragraph 3 of Article 6, Clauses d and e of Subparagraph 4 of Article 11, Subparagraph 9 of Paragraph 3 of Article 13, Paragraph 2 of Article 16, Paragraph 2 of Article 18, Paragraph 2 of Article 29, and Article 36, as well as deletion of Article 37, shall take effect on 1 July 2009.

(As amended by the 8 September 2011 Law)

2. During the Saeima elections held on 17 September 2011, the election commission of each city except Riga, Daugavpils and Liepāja and the election commission of each municipality shall designate one polling station which shall be open till 10 p.m. The election commission of Riga shall designate four polling stations, the election commission of Daugavpils shall designate two polling stations and the election commission of Liepāja shall designate two polling stations which shall be open till 10 p.m.

(As supplemented by the 8 September 2011 Law)

3. Until the day when relevant amendments to the Law on the State Budget for 2014 come into effect, costs arising from implementation of the provisions set by Chapter V1Submitting ballots for safe-keeping shall be covered from funds earmarked for extraordinary needs.

(As supplemented by the 6 February 2014 Law)

4.   In the Saeima elections in 2014, not only a Latvian citizen’s passport but also a Latvian citizen’s ID card, together with a voter’s card, shall be voters’ identification documents. The voter’s card may be issued to voters who on 4 October 2014 hold a valid Latvian citizen’s ID card but do not hold a valid Latvian citizen’s passport and who have applied for or received their ID cards by 11 September 2014.

(As supplemented by the 14 July 2014 Law)

5. In order to ensure the issuing of the voters’ cards referred to in Paragraph 4 of the Transitional Provisions of this Law, on 12 September 2014 the Office of Citizenship and Migration Affairs shall submit to the Central Election Commission data from the Population Register for 11 September 2014 regarding citizens of Latvia who will have reached the age of 18 on 4 October 2014 and who will hold a valid Latvian citizen’s ID card but not a valid Latvian citizen’s passport on the election day.

(As supplemented by the 14 July 2014 Law)

6.   The Central Election Commission shall ensure issuing of the voters’ cards referred to in Paragraph 4 of the Transitional Provisions of this Law and hand over the issued voters’ cards to the Office of Citizenship and Migration Affairs on 18 September 2014.

(As supplemented by the 14 July 2014 Law)

7. The Office of Citizenship and Migration Affairs shall ensure that the voters’ cards referred to in Paragraph 4 of the Transitional Provisions of this Law are distributed to the regional offices of the Office of Citizenship and Migration Affairs between 22 September 2014 and 3 October 2014.

(As supplemented by the 14 July 2014 Law)

8.  A voter shall receive the voter’s card in the same regional office of the Office of Citizenship and Migration Affairs in which he/she received the Latvian citizen’s ID card. The voter’s card may be received at a different regional office of the Office of Citizenship and Migration Affairs if the voter has submitted an application thereof to the Office of Citizenship and Migration Affairs by 22 September 2014.

(As supplemented by the 14 July 2014 Law)

9. If a voter who has received the voters’ card is issued a Latvian citizens’ passport by 4 October 2014, the Office of Citizenship and Migration Affairs shall affix a stamp in his/her passport indicating the receipt of a voters’ card.

(As supplemented by the 14 July 2014 Law)

10.  In the Saeima elections of 2014, a Latvian citizen’s passport bearing a stamp indicating the receipt of the voter’s card shall be a valid voter’s identification document if presented together with the voter’s card.

(As supplemented by the 14 July 2014 Law)

11. The voter’s card referred to in Paragraph 4 of the Transitional Provisions of this Law shall be submitted to the polling station commission in exchange for ballot papers and ballot envelope.

(As supplemented by the 14 July 2014 Law) 

 

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

This Law was adopted by the Saeima on May 25, 1995.

 

The President of Latvia G. Ulmanis

Riga, June 6, 1995

For purposes of interpretation, the original Latvian text is to be regarded as official.