CVK - Centrālā vēlēšanu komisija

Instructions Operation of the polling station commissions during the Saeima elections

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• Instructions
• Instructions Operation of the polling station commissions during the Saeima elections

APPROVED
by Decision No. 8 of

the Central Election Commission of

13 June 2006 

INSTRUCTIONS

 Operation of the polling station commissions during the Saeima elections

I. Preparing for elections

1. A polling station commission (henceforth – the station commission) shall commence its activities, upon establishment of the same, for organising of elections and shall organise the elections in accordance with the procedure provided for in the Saeima Election Law, the Law on City, District, County and Civil Parish Election Commissions and Polling Station Commissions, and the Instructions of the Central Election Commission.

2. (1) City, district, county and civil parish election commissions shall establish polling station commissions (henceforth – station commissions) and shall set their working hours, not later than 25 days before the election day, for a period starting from the tenth day till the election day by taking into account that working hours shall be at least 4 hours a day.

(2) City, district, county and civil parish election commissions shall send information about working hours of the station commissions to an election commission of a relevant district at least 24 days before the election day, which shall summarise such information and send the same to the Central Election Commission at least 22 days before the election day. The city election commission of the Republic shall send information about working hours of station commissions to the Central Election Commission at least 22 days before the election day.

3. City, district, county and civil parish election commissions shall display announcements about working hours of the polling stations in a relevant administrative territory at least 15 days before elections:

 1) at a relevant council building (or in a venue of providing of information);

 2) at a building where the relevant election commission is situated in case, if it is not a building of a relevant council;

3) at buildings where all polling stations of relevant administrative territory are situated.

4. A station commission shall ensure that the voting rooms are adequately arranged and equipped with everything necessary for voting by secret ballot.

5. The chairperson of a station commission shall be responsible for work of the station commission, training of members of the station commission, the voting process in accordance with the law, correct calculation of voting results and retaining of material values thereof that have been delivered to the disposal of the relevant commission.

6. The secretary of a station commission shall be responsible for correct drafting of minutes of a station commission and the other documentation of the station commission.

7. A member of a station commission shall fulfil responsibilities that have been assigned to him or her by the chairperson of the station commission.

8. If necessary, the station commission shall invite civil servants and other experts from among voters in order to ensure the voting process and vote counting, in accordance with Section 22 of the Law on City, District, County and Civil Parish Election Commissions and Polling Station Commissions.

9. In order to ensure the voting process and vote counting, the invited persons must be compliant with the provisions of Section 6 of the Law on City, District, County and Civil Parish Election Commissions and Polling Station Commissions, and they may commence their work according to a decision of a city, district, county and civil parish election commission after conclusion of a relevant agreement. The invited persons may be assigned any function of a member of the commission with the exception of participation in a voting for making the decision of the commission or substituting for the chairperson or secretary of the commission.

10. Responsibilities of each invited person shall be stated in an agreement. The chairperson of a station commission shall be responsible in order any invited person would observe the Law and perform the duties assigned to him or her accurately.

11. One or several ballot boxes shall be prepared in a polling station. They must be closely sealed, with an opening on the surface and with an openable cover. Smaller boxes shall be prepared in a similar way for organising of voting at a place of voters.

12. The station commission shall, at least 10 days before the election day:

1) display an announcement in a visible place about working hours and location of the commission and, if necessary, place indications to such a location;

2) display pre-election programmes and announcements with lists of all the candidates applied in the election district, in a visible place, and shall ensure that information about deputy candidates is available to voters, as provided for in the Saeima Election Law;

3) accept and register written applications of voters and care-takers of them who cannot visit the voting rooms due to their health condition, as well as applications of voters who are suspected persons, defendants, and who are under custody as a security measure.

13. Starting from a moment of opening of a polling station (Clause 12), a secretary of the station commission or, in case of his or her absence, another member of the commission authorised by the chairperson of the station commission shall keep the minutes of the process of elections by registering and fixing each activity made in the polling station related to organising of the election process before the election day.

14. The station commission shall, after having received ballot envelopes from a respective city, district, county or civil parish election commission, recount them and shall make an entry about the same in the minutes of the election process. Such envelopes must be counted at least twice.

II. Procedure of elections 

15. The station commission shall prepare the station for work before opening of the polling station, i.e.:

1) arrange separate rooms or compartments where a voter can choose his or her supported list of candidates being by him or herself;

2) ascertain that there are all necessary election materials in the voting rooms;

3) prepare sets of ballot papers according to the sequence of numeration for lists of candidates, by placing the list of candidates with the first number on top;

4) seal all ballot envelopes with the seal of the station commission, shall recount the same at least twice and shall enter the quantity of then in the minutes of election process;

5) check whether there are no election campaign materials in the voting rooms or closer than 50 meters from the entrance to a building where the polling station is situated;

6) ensure that ballot papers of all lists of candidates would be freely accessible to voters at an exit, in a compartment separated from the voting rooms.

16. A station commission shall open the election rooms and let voters to enter the same on the election day from 7.00 till 22.00.

17. (1) By not disturbing the work of a station commission, not more than two authorised observers from each political organisation (party) or an association of political organisations (parties) who have submitted a list of candidates in a respective election district, as well as members of the Central Election Commission and an election commission of a respective district, as well as persons authorised by such commissions, members of a relevant city, county or civil parish council, representatives of the mass media may observe the election process in the polling station.

(2) Persons indicated in the first paragraph of this Clause must produce an identity document to a station commission upon their arrival at a polling station and must register themselves on a registration form:

1) if a list of candidates has been submitted by a political organisation (party) or a registered association of political organisations (parties), an observer shall submit an authorisation of the political organisation (party) or the registered association of political organisations (parties) (henceforth – the authorisation);

2) an authorised person of an election commission shall produce an authorisation of the relevant commission;

3) a member of an election commission shall produce a certificate of a member of the election commission;

4) representatives of the mass media shall produce a respective document certifying the representation.

(3) Upon arrival at a polling station, an authorised person shall deliver his or her authorisation to a station commission and shall receive a card of observer. Upon their leave, the card of observer must be delivered to the station commission by receiving the authorisation in return.

(4) A deputy candidate cannot be an authorised observer.

18. The chairperson or the secretary of a station commission shall, after opening of a polling station at 7.00, ascertain in the presence of the commission that ballot boxes where ballot papers are to be put are empty. Afterwards the openable part of a ballot box shall be sealed with a sealing label which is signed by all members of the commission and stamped with the seal of the commission, and a respective entry shall be made thereof in the minutes of the election process. All observers, if any has arrived, can also sign on a sealing label.

19. After sealing of a ballot box, the station commission shall notify a relevant city, county or civil parish commission immediately about commencement of work of the polling station. The city, county or civil parish commission shall, after having summarised the said information, notify the district election commission thereof, which shall notify the Central Election Commission about the same immediately. The city election commission of the Republic shall inform the Central Election Commission about commencement of work of a polling station immediately after having summarised information from polling stations.

20. The secretary of the station commission or, in case of his or her absence, another member of the commission authorised by the chairperson of the station commission shall, after opening of a polling station, continue keeping the minutes of the election process by making the following entries therein about:

1) sealing up of a ballot box (Clause 18);

2) number of envelopes sealed with the seal of the station commission  (Clause 15);

3) repeatedly issued ballot envelopes and papers (Clauses 29 and  30);

4) ballot envelopes issued for voting at a place of voters (Clause 42);

5) remaining ballot envelopes, including damaged ballot envelopes for voting at a place of voters (Clause 45);

6) complaints of voters about the election process and response given to them (Clause 35);

7) information which is given by the station commission to a relevant district, city, county or civil parish election commission or to the Central Election Commission, including information about a number of voters registered in the lists of voters (Clauses 36 and 37);

8) all incidents related to restrictions to the freedom of voting,  breach of public order, election campaigns and decisions made with regard to the same;

9) any other activities related to the election process.

21. A personal identity document of a voter shall be a passport of the citizen of Latvia.

22. A member of a station commission shall ascertain at an entrance to the voting rooms whether persons who have arrived are voters and shall check if the term of their passports of Latvian citizens have not expired and there is no stamp about participation in the respective Saeima elections.

23. A family member or any other person who is a trustee of a voter shall be allowed to enter together with a voter having physical disabilities and thus being unable to make marks on a ballot paper personally. A station commission shall enter a given name, surname and identity number or name, issuing authority and number of a personal identity document (if a respective person is not a citizen of Latvia) of a respective person in box “Notes” of the list of voters. Such a person must not be a member of the relevant station commission. The respective person shall sign in the list of voters according to instructions of a voter and shall make a mark on a ballot paper.

24. A member of the station commission, first having ascertained that a person is a voter and that there is no stamp in his or her passport about participation in the respective Saeima elections, shall enter a given name, surname and identity number of the voter in a list of voters and shall fix a stamp on page 9 of a passport of a Latvian citizen of the voter, or on page 14 of a passport of the type of 1992, but in case if there is no free place for fixing a stamp, it is allowed to stamp on page 12 or 13.

25. Each voter shall receive ballot papers of all candidate lists applied in a polling district from the station commission, as well as a ballot envelope with a fixed sealed of the relevant station commission.

26. A voter shall sign in a list of voters for receipt of ballot papers of all candidate lists applied in the relevant district and a ballot envelope.

27. A voter shall choose one ballot paper in a separated room or compartment, by being alone, and he or she can indicate the following according to his or her own choice: 

1) mark “+” against surnames of candidates, if he or she supports election of the candidate particularly;

2) cross out a given name or surname of a candidate if he or she does not support election of the candidate;

3) leave a ballot paper without any changes.

28. A voter shall put only one ballot paper in a ballot envelop, which corresponds with a list of candidates for which he or she casts his or her vote, and shall seal the envelop.

29. In case, if a voter has damaged a ballot paper prior to putting the same in a ballot envelop and sealing of the envelope, the station commission shall issue him or her new ballot papers of all lists of candidates applied in the election district (the previously issued ballot papers remain in disposal of the voter). It is prohibited to issue separate ballot papers.

30. In case, if a voter has damaged a ballot envelop prior to putting a ballot paper therein and sealing of the envelope, the station commission shall issue him or her a new envelop and shall mark the same in a list of voters in row “Remarks about repeated issue of ballot envelopes” by indicating an index number of the voter. The voter shall sign for receipt of a new envelop therein. The damaged ballot envelop must be returned to the station commission.

31. After a voter has put one ballot paper, according to his or her choice, in an envelope and sealed the envelope, it shall be placed in a ballot box in the presence of a member of the station commission.

32. Upon leaving a polling station, a voter may take remaining ballot papers with him or her or may leave them in a special compartment, or may take any ballot paper from the same. 

33. Members of a station commission shall be prohibited to agitate for or against any deputy candidate or a list of candidates.

34. The chairperson of a station commission shall supervise the order in the voting rooms during elections. The chairperson shall take care in order no restrictions of the freedom to vote, breach of public order as well as election campaigns would not occur in the voting rooms as well as in a distance less than 50 meters from the entrance to the building where the polling station is situated.

35. Voters shall submit their complaints about the election process to the chairperson of a station commission immediately and such complaints shall be registered in the minutes of the election process. Any complaint about the election process must be reviewed and a response must be given to a submitter of the complaint, but the content thereof must be entered in the minutes of the election process.

36. A station commission shall report to a relevant city, county or civil parish commission about a number of voters registered in lists of voters, on the election day at 8.00, 12.00, 16.00, 20.00, and 22.00. Having summarised the said data, the city, county or civil parish commission shall notify the district election commission thereof which shall inform the Central Election Commission about the same immediately. The city election commission of the Republic shall inform the Central Election Commission after having summarised information from polling stations about a number of voters registered in lists of voters.

37. Information given by a station commission to a relevant city, county or civil parish commission or to the Central Election Commission, including information about a number of voters registered in lists of voters shall be entered in the minutes of the election process.

38. Only those voters may cast their votes after 22.00 on the election day who have arrived at the voting rooms before 22.00. The station commission shall close the voting rooms afterwards and shall start counting of votes in accordance with the procedure provided in the Saeima election law and the Instruction of the Central Election Commission.

III. Organising of voting at a place of a voter

39.(1) Voting at a place of a voter shall be organised for voters who are unable to visit the voting rooms due to their health conditions, for care-takers of such persons, as well as suspected persons and defendants, who are under custody as a security measure.

(2) Voting at a place of a voter shall be organised by ensuring secret ballot, on the basis of a written application of the voter or his or her authorised person, which has been registered in a book of registration of applications from voters for organising of voting at a place of a voter. Voting by other voters outside the voting rooms shall not be permitted.

(3) The following shall be indicated in a book of registration:

            1) registration number, date, time of an application;

            2) given name, surname, identity number of a voter;

3) given name, surname of a person who has submitted the application (preferably, also name, number of a personal identity document shall be indicated);

4) visiting address and, if any, telephone number, door code and other necessary information.

40. A station commission shall continue accepting of written applications on the election day about voting at a place of a voter. The station commission shall fulfil any applications that have been received after 12.00, if it is possible to visit the place of a voter until 20.00.

41. In case, if a respective voter has already been applied for organising of voting at his or her place and if the addresses indicated in the applications:

            1) match: a repeated application shall not be registered;

            2) do not match: the previous entry in a book of registration shall be annulled.

42. The chairperson of the commission shall select members of the station commission for organising of voting at a place of a voter. The chairperson of the commission shall, together with members of the commission, ascertain in accordance with the procedure provided for in Clause 18, that a ballot box has been prepared for a visit, and shall issue lists of voters, envelopes and sets of ballot papers according to a number of applications, a well as a reserve of the same for cases when a ballot envelop or paper gets damaged.

Information about ballot envelopes, which have been issued for voting at a place of voters, shall be entered in the minutes of the election process.

43. Voters who cast their votes at their place shall be entered in a separate list of voters, and sealed envelopes shall be put in a separate sealed ballot box.

44. Authorised observers may be present at voting in a place of voters.

45. Having received from a visit, members of a station commission shall deliver a ballot box to the chairperson of the commission who shall seal its opening in the presence of the commission immediately. Members of the station commission shall deliver lists of voters, unused and damaged ballot envelopes and ballot papers. Information abut envelopes that have remained and have been damaged in a place of a voter shall be entered in the minutes of the election process.

46. In case, if an application of a voter has been registered in a book of application registration for organising of voting at a place of a voter but the voter has not cast his or her vote, the same shall be marked in the minutes of the election process by indicating a reason why voting has not occurred (a voter is not at home, has already voted in a polling station, etc.).

47. A station commission shall ensure transportation to the members of the commission who organise voting at a place of voters.

Chairman of

the Central Election Commission

Arnis Cimdars

Secretary of

the Central Election Commission                                                                                 

Kristīne Kurzemniece