 |
 |
||
|
|
Law on National Referendums and Initiation of Legislation
Unofficial translation The Saeima has adopted and the President of Latvia has proclaimed the following Law: Law on National Referendums and Initiation of Legislation* Chapter I GENERAL PROVISIONS Article 1 A national referendum shall be held if: 1) the Saeima has amended the first, second, third, fourth, sixth or seventy-seventhArticle of the Constitution (Satversme); 2) the President of Latvia has proposed the dissolution of the Saeima; 3) the President of Latvia has suspended the proclamation of a law for two months, and during this period a petition by not fewer than one-tenth of the electorate has been received to put the suspended law to a national referendum; 4) the Saeima has not adopted without change as to its content a draft law or a draft amendment to the Constitution submitted by not less than one-tenth of the electorate; 5) membership of Latvia in the European Union must be decided; 6) substantial changes in the terms regarding the membership of Latvia in the European Union must be decided, and at least one-half of the members of the Saeima have requested a national referendum on this matter. Article 2 All citizens of Latvia who are eligible to vote in the Saeima elections may participate in national referendums and in initiating legislation. Article 3 (1) Pursuant to the procedure prescribed by law, national referendums shall be prepared and supervised by the Central Election Commission, which shall issue the necessary instructions. (2) Members of election commissions and persons authorized by the said commissions shall be prohibited from campaigning. Chapter II ORGANIZATION OF NATIONAL REFERENDUMS Article 4 (1) If the Saeima has amended the first, second, third, fourth, sixth or seventy-seventh Article of the Constitution, such amendments, in order to come into force as law, shall be submitted to a national referendum. (2) A national referendum on such laws shall be held not earlier than one month before and not later than two months after the date when these laws have been adopted by the Saeima. Article 5 (1) If the President of Latvia has proposed the dissolution of the Saeima, he/she shall notify the Central Election Commission thereof. (2) A national referendum on such a proposal by the President of Latvia shall be held not earlier than one month before and not later than two months after the date the Central Election Commission has received such notification. Article 6 (1) If the President of Latvia has suspended the proclamation of a law, then not later than on the eleventh day after the adoption of the law by the Saeima the text of the suspended law and the decision on the suspension of its proclamation shall be communicated to the public in accordance with the procedure for proclaiming laws. (2) After such a communication, the Central Election Commission shall inform all city, county and pagasts** election commissions that the collection of signatures for a national referendum can begin and shall supply the above commissions with petition lists. Article 7 (1) The Central Election Commission shall set a term of 30 days during which the petition lists for voters to sign shall be available at the places designated by city, county or pagasts councils. The term should include successive days, excluding days when the elections of the Saeima, the European Parliament, city councils, county councils or pagasts councils or national referendums take place and when the collection of signatures for petitioning a national referendum is not permitted. (2) Signing stations must be set up in each city, county and pagasts so that there is one signing station per 10,000 people. (3) Campaigning at the signing stations shall be prohibited. (4) Not later than three days prior to the beginning of signature collection referred to in paragraph 1 of this Article, city, county and pagasts election commissions shall determine the time when the voters will be able to sign petition lists at places designated by city, county or pagasts councils. The time shall not be shorter than four hours a day, including Saturdays, Sundays and public holidays. (5) The relevant council shall ensure that notifications about places and times designated for collection of signatures are placed at the building of the relevant council (or information center) and at signing stations, as well as published in the local newspaper or municipal newspaper, if available. (6) Voters who are abroad during signature collection may sign the petition lists in the embassies and other diplomatic or consular missions of the Republic of Latvia. The place and time of signature collection shall be determined by the head of the relevant mission. Article 7.1 (1) If any voter for health reasons is unable to come to a signing station, the election commission, on the basis of a written request submitted by the voter or a person authorised by him/her, shall collect the signature where the voter is located. The request shall be submitted to the relevant election commission or collector of signatures not later than by noon on the 29th day of signature collection (during the working hours of the election commission). All such requests shall be recorded in a special journal. Collection of signatures at the locations of voters shall be conducted by the election commission on the last day of signature collection. (2) Collection of signatures from persons who are regarded as suspects or are accused or on trial and for whom custody has been imposed as a security measure shall take place in accordance with the procedure prescribed in paragraph 1 of this Article. Requests of these persons shall be forwarded to the relevant election commission by the administration of the relevant penal institution. Article 8 (1) The petition lists shall contain the full name and the personal identity number/code of each signatory as indicated in his/her Latvian citizen’s passport, as well as the date of signing the petition list. (2) If a physical handicap prevents a voter from signing the petition list, a member of his/her family or some other trustworthy person shall sign the petition list in the voter’s presence according to his/her verbal instructions. A special entry to this effect shall be made in the petition list. Article 9 (1) The stamp of the relevant city, county or pagasts election commission and the signature of the commission chairperson shall be put at the bottom of each petition list to certify that the collection of signatures has taken place in accordance with the procedure prescribed by law. (2) When the period for collecting signatures as prescribed by the Central Election Commission has expired, the city, county and pagasts election commissions shall send the petition lists to the Central Election Commission in accordance with the procedure prescribed by the Commission. Article 10 (1) When the period for collecting signatures has expired, the Central Election Commission shall count the signatures, record the results, notify the President of Latvia about the results and publish them in the newspaper Latvijas Vēstnesis***. If not fewer than one-tenth of the citizens of Latvia eligible to vote in the previous Saeima elections have signed the petition lists, within three days the Central Election Commission shall announce a national referendum. (2) A national referendum for repealing the suspended law shall be held not earlier than one month before and not later than two months after the day of the announcement of the referendum. Article 11 (1) If the Saeima has not adopted without change as to its content a draft law or a draft amendment to the Constitution submitted by at least one-tenth of the electorate, this draft law or draft amendment to the Constitution must be put to a national referendum. (2) A national referendum on a draft law or a draft amendment to the Constitution submitted by the electorate shall be held not earlier than one month before and not later than two months after the day the said draft law or draft amendment to the Constitution has been rejected or has been adopted with changes in its content. (3) Membership of Latvia in the European Union shall be decided by a national referendum. (4) The Saeima shall propose holding a national referendum on substantial changes in the terms regarding Latvia’s membership in the European Union if so requested by at least one-half of the members of the Saeima. Article 12 (1) The date of a national referendum shall be set and announced by the Central Election Commission, but in cases referred to in paragraphs 3 and 4 of Article 11 of this Law, the date of the referendum shall be set and announced by the Saeima. (2) A national referendum shall be held on a Saturday. Chapter III VOTING AT NATIONAL REFERENDUMS AND COUNTING OF VOTES Article 13 (1) Voting shall take place by secret ballot with ballot papers and in accordance with the procedure prescribed by the Central Election Commission. (2) The ballot papers shall be prepared by the Central Election Commission. Article 14 (1) The matter put to a national referendum (Article 1 of this Law) and the words “for” and “against” shall be written on each ballot paper. When a national referendum is to be held on matters referred to in paragraphs 5 and 6 of Article 1 of this Law, the wording of the relevant question shall be drafted by the Saeima. (2) If a national referendum takes place on more than one matter referred to in Article 1 of this Law, separate ballot papers must be issued for each matter. Article 15 (1) Voting at a national referendum shall take place from 7:00 a.m. to 10:00 p.m. local time. (2) At 7:00 a.m. the chairperson or the secretary of the polling station commission, in the presence of the commission, shall check to see that the ballot boxes into which the ballot papers will be inserted are empty. Then the ballot boxes shall be sealed.
(3) At a polling station, up to two authorised observers at a time from each political organisation (party) or association of political organisations (parties), as well as members of the Central Election Commission or the relevant district election commission or persons authorised by the said commissions, members of the relevant city, county or pagasts election commission and media representatives, may observe the voting process but may not interfere with the voting procedure. Article 16 (1) Each voter shall cast a vote in person. If a physical handicap prevents a voter from voting or signing the list of voters, a member of his/her family or some other trustworthy person shall mark the ballot paper or sign the list of voters in the voter’s presence and according to his/her verbal instructions. A special entry to this effect shall be made in the list of voters. A member of the relevant polling station commission may not act as such a trustworthy person. (2) A voter is free to cast his/her vote at any polling station. (3) On the day of a national referendum, servicemen shall be given a leave of absence for the time required for voting. Article 17 (1) In the polling station, the polling station commission, after checking that the person is an eligible voter and that his/her passport does not already bear a mark about participation in the current referendum, shall issue that person a ballot paper bearing the mark of the polling station. After the ballot paper has been issued, the person’s full name and personal identity number shall be recorded in the list of voters, and the person’s passport shall be marked to attest to his/her participation in the referendum. The voter shall sign the list of voters to confirm the receipt of the ballot paper. (2) A separate room or compartment shall be arranged inside the polling station where the voter may make his/her choice in privacy by putting a “+” mark opposite the words “for” or “against”. (3) After the voter has marked the ballot paper, he/she shall fold the ballot paper and insert it into the ballot box in the presence of a member of the polling station commission. (4) On the referendum day, only those voters who have arrived at the polling station before 10:00 p.m. shall be allowed to cast their votes after 10:00 p.m. Then the polling station shall be closed. Article 18 (1) If any voter is unable to come to the polling station for health reasons, then on the basis of a written request filed by the voter or a person authorised by him/her and registered in a special journal, the polling station commission shall conduct voting by secret ballot at a place where the voter is located (off site). Specially authorised observers shall have the right to supervise such voting. (2) Voting off site may also be organised for caregivers of the persons specified in paragraph 1 of this Article, provided they have filed a written request in due time. (3) For persons who are regarded as suspects or are accused or on trial and for whom custody has been imposed as a security measure, voting shall be organised in accordance with the procedure specified in paragraph 1 of this Article. (4) Other voters are not permitted to vote outside the polling station. (5) On referendum day, the polling station commission shall continue to accept written requests to conduct on-site voting. Requests received after 12:00 noon shall be fulfilled if it is possible to arrive before 10:00 p.m. at the place where the voter is located. (6) Names of the voters who vote off site as provided in paragraphs 1, 2 and 3 of this Article shall be entered in a separate list of voters, and their ballot papers shall be inserted into a separate sealed ballot box. (7) Information about the number of ballot papers issued at the place of the voter and the number of unused ballot papers, including damaged ones, shall be entered in the minutes of the voting process. Article 19 (1) Deleted by the 8 May 2003 Law. (2) The votes shall be counted in an open sitting of the polling station commission in accordance with the procedure prescribed by the Central Election Commission. Article 20 (1) Voters residing in a foreign country at the time of a national referendum shall vote at the polling stations established by the Central Election Commission in the diplomatic or consular missions of the Republic of Latvia as recommended by the Ministry of Foreign Affairs, or they shall vote by mail. Upon consultation with the Ministry of Foreign Affairs, the Central Election Commission may also establish polling stations in other premises suitable for this purpose. (2) If a national referendum takes place simultaneously with the election of the Saeima or the European Parliament, voting in foreign countries shall take place in all the polling stations set up in accordance with the procedure prescribed by law. (3) Voters who are abroad during a national referendum may also vote by mail. Voting by mail shall take place in accordance with the procedure prescribed by the Saeima Election Law. Article 20.1 (1) Invalid ballot papers shall be those which: 1) are torn; 2) do not bear the stamp of the respective polling station; 3) bear a “+” mark opposite both “for” and “against”;. 4) do not bear a “+” mark opposite “for” or “against”. (2) Any differences of opinion concerning the validity of the ballot papers shall be decided by a majority vote of the polling station commission members. If there is a tie vote, the chairperson of the commission shall have the deciding vote. Article 21 During national referendums, the maintenance of order at a polling station shall be the responsibility of the chairperson of the polling station commission. It shall be his/her responsibility to ensure that there is no infringement of voting rights, no public disturbance and no campaigning in the polling station or within 50 meters from the entrance of the building in which the polling station is located. Chapter IV Initiation of Legislation Article 22 Not fewer than 10,000 Latvian citizens eligible to vote, upon indicating their full name and personal identity number, shall have the right to submit to the Central Election Commission a fully elaborated draft law or a draft amendment to the Constitution. Not earlier than 12 months before the submission of the draft law or the draft amendment to the Constitution, each signature must be certified by a sworn notary public or a local government authority that performs notarial functions. Article 23 (1) Having ascertained that the submitted draft law or draft amendment to the Constitution has been signed by not fewer than 10,000 Latvian citizens eligible to vote, the Central Election Commission shall announce that the collection of signatures in support of the law can begin and shall send the respective draft law or draft amendment to the Constitution, together with a sufficient number of blank petition lists, to all city and pagasts election commissions. (2) An announcement about commencing the collection of signatures in support of a legislative initiative, together with the submitted draft law or the draft amendment to the Constitution, shall be published in the newspaper Latvijas Vēstnesis. Article 24 (1) The collection of signatures shall take place in accordance with the procedure prescribed by Articles 7–9 of this Law. (2) Citizens who have signed the submitted draft law or the draft amendment to the Constitution in accordance with the procedure prescribed by Article 22 of this Law shall be included in the total number of supporters of the given law. If these citizens have also signed the petition lists in accordance with the procedure prescribed by paragraph 1 of this Article, their signatures on the petition lists shall not be taken into account. (3) The Central Election Commission shall count the signatures and record the results, and then, within three days, shall notify the President of Latvia about the results and shall send the President the draft law or the draft amendment to the Constitution submitted by the electorate. Article 25 (1) If the draft law or the draft amendment to the Constitution has been signed by not fewer than one-tenth of Latvian citizens who were eligible to vote in the previous Saeima elections, the President of Latvia shall submit to the Saeima the draft law or the draft amendment to the Constitution. (2) The Saeima must consider the draft law or the draft amendment to the Constitution during the session when the draft was submitted. If the draft law or the draft amendment to the Constitution has been submitted during a recess or at an extraordinary session, it must be considered at the next regular session or a special extraordinary session which is convened to consider the said draft law or the draft amendment to the Constitution. Chapter V FINAL PROVISIONS Article 26 Costs arising from the preparation and holding of the elections shall be covered from the state budget. The Central Election Commission shall apportion the resources among city, pagasts and polling station election commissions. Transitional Provision Until 1 January 2004, voters living abroad who by the referendum day have not been issued a Latvian citizen’s passport shall present or mail to the polling station commission a registration document issued by the Board of Citizenship and Migration Affairs bearing the voter’s personal identity number. This Law was adopted by the Saeima on 31 March 1994. The President of Latvia, G. ULMANIS Riga, 20 April 1994 *Modified by amendments adopted on 26 July 1995, 3 September 1998, 8 May 2003, 4 September 2003, 18 September 2003, 6 April 2006, 21 February 2008. **The smallest rural administrative unit in Latvia. ***The official Gezette of the Government of Latvia. |
|
|
