Riigikogu Election Act
Passed
(RT1 I 2002, 57, 355),
entered into force
Chapter 1
General Provisions
(1) The Riigikogu2
is comprised of 101 members.
(2) Riigikogu elections
shall be free, general, uniform and direct. Voting shall be secret.
(3) Each voter shall
have one vote.
(4) Election results
shall be verified on the basis of proportional representation.
§ 2.
Time of regular elections
(1) Regular Riigikogu
elections shall be held on the first Sunday in March in the fourth year
following the year of the preceding Riigikogu elections.
(2) The President of the
Republic shall, by a resolution, call regular Riigikogu elections on the basis
of clause 78 3) of the Constitution of the
§ 3.
Bases and time of extraordinary elections
(1) The President of the
Republic shall, by a resolution, call extraordinary Riigikogu elections on the
basis of clause 78 3) of the Constitution of the
1) within three days as
of the duty to call elections arising in the cases prescribed in §§ 89 and 119
of the Constitution of the
2) within three days as
of publication of the results of a referendum in the Riigi Teataja in the case
prescribed in subsection 105 (4) of the Constitution of the
(2) In the case
prescribed in § 97 of the Constitution of the Republic of Estonia, the
President of the Republic may, on the proposal of the Government of the
Republic, call extraordinary Riigikogu elections within three days as of the
date of an expression of no confidence in the Government of the Republic or the
Prime Minister.
(3) Extraordinary
Riigikogu elections shall not be held earlier than twenty days or later than
forty days after the elections are called.
(4) The date for
extraordinary Riigikogu elections shall be specified by the President of the
Republic. Extraordinary elections shall be held on a Sunday.
§ 4. Right to vote and to stand as candidate
(1) Estonian citizens
who have attained 18 years of age by election day have the right to vote.
(2) A person who has
been divested of his or her active legal capacity by a court does not have the
right to vote.
(3) A person who has
been convicted of a criminal offence by a court and is imprisoned shall not
participate in voting.
(4) Estonian citizens
who have attained 21 years of age by the last day for the registration of
candidates have the right to stand as candidates.
(5) A person who has
been divested of his or her active legal capacity by a court does not have the
right to stand as a candidate.
(6) A person who has
been convicted of a criminal offence by a court and is imprisoned shall not
stand as a candidate for election to the Riigikogu.
Chapter 2
Campaigning
§ 5. Time of election campaigning
(1) The time of active
election campaigning is deemed to be the time from the last day for the
registration of candidates.
(2) Active election
campaigning is prohibited on election day.
(3) Election campaigning
is prohibited in polling places and premises through which voters enter polling
places.
Chapter 3
Electoral Districts and Polling Divisions
Riigikogu elections
shall be held in twelve multi-mandate electoral districts:
Electoral district no.
1: the
Electoral district no.
2: the
Electoral district no.
3: the
Electoral district no.
4: Harjumaa (except
Electoral district no.
5: Hiiumaa, Läänemaa and
Electoral district no.
6: Lääne-Virumaa;
Electoral district no.
7: Ida-Virumaa;
Electoral district no.
8: Järvamaa and Viljandimaa;
Electoral district no.
9: Jõgevamaa and Tartumaa (except the city of
Electoral district no.
10: the city of
Electoral district no.
11: Võrumaa, Valgamaa and Põlvamaa;
Electoral district no.
12: Pärnumaa.
§ 7. Distribution of mandates between electoral
districts
(1) The National
Electoral Committee shall, by a resolution, divide the mandates between the
electoral districts as follows:
1) the total number of
voters shall be divided by the number 101;
2) the number of voters
in an electoral district shall be divided by the number obtained as a result of
the calculation specified in clause 1) of this subsection;
3) each electoral
district shall be awarded a particular number of mandates in correspondence
with the integer of the number obtained as a result of the calculation made
according to clause 2) of this subsection;
4) mandates which are
not distributed pursuant to clause 3) of this subsection shall be distributed
on the basis of the largest-remainder rule, using the fractions of numbers
obtained as a result of the calculation specified in clause 2) of this
subsection.
(2) The number of voters
shall be obtained on the basis of the information held in the Estonian Population
Register (hereinafter population register) as at the first day of the month
when the elections are called.
(3) The Minister of
Internal Affairs shall submit the number of voters by county and, in
(4) The National
Electoral Committee shall promptly disclose a resolution specified in
subsection (1) of this section.
§ 8. Formation of polling divisions
(1) In order to hold
voting, polling divisions shall be formed in the territory of an electoral
district.
(2) Polling divisions
shall be formed by a regulation of the rural municipality or city government,
which shall set out:
1) the numeration of the
polling divisions;
2) the boundaries of the
polling divisions;
3) the location of
polling places;
4) at least one polling
division where voters can vote outside the polling division of their residence
(subsection 41 (2));
5) a polling division
where voters can vote if the information on their residence in the rural
municipality or city is entered in the population register to the accuracy of
the rural municipality or city, or in
(3) Polling divisions
are permanent. Voting shall be held in the same polling divisions for Riigikogu
and local government council elections and referendums, unless the rural
municipality or city government determines otherwise and amends the regulation
specified in subsection (2) of this section.
(4) A rural municipality
or city government may amend a regulation specified in subsection (2) of this
section not later than on the fiftieth day before election day or in
extraordinary cases later. The rural municipality or city government shall
promptly notify the National Electoral Committee and the chief processor of the
population register of any such amendments.
(5) A rural municipality
or city government shall make the information specified in subsection (2) of
this section public before each election.
(6) A county electoral
committee shall make the information specified in subsection (2) of this
section public during the week before the start of advance polls.
Chapter 4
Electoral Committees
§ 9. Types of electoral committees
(1) Riigikogu elections
are organised by the following electoral committees:
1) the National
Electoral Committee;
2) the county electoral
committees;
3) division committees.
(2) In the cities of
§ 10.
Term of authority of electoral committee
(1) The term of
authority of the National Electoral Committee shall be four years.
(2) The term of
authority of county electoral committees and the electoral committees of the
cities of
(3) Division committees
shall be formed before regular and extraordinary Riigikogu elections. The
authority of a division committee shall continue until the new membership of
the committee is appointed.
§ 11. Member of electoral committee
(1) A person who has the
right to vote according to subsections 4 (1)-(3) of this Act may be a member of
an electoral committee. A member of an electoral committee shall be proficient
in Estonian.
(2) A person may be a
member of only one electoral committee.
(3) The authority of a
member of an electoral committee shall terminate prematurely due to:
1) the entry into force
of a conviction by a court against him or her;
2) his or her
resignation;
3) his or her death.
(4) A person may be released
from his or her duties as a member of an electoral committee by a reasoned
resolution of the official who or body which appointed him or her either on the
initiative of the official or body or on the proposal of the electoral
committee.
(5) The authority of a
member of an electoral committee shall be suspended if he or she:
1) becomes an authorised
representative of a political party;
2) becomes an authorised
representative of an independent candidate;
3) is nominated as a
candidate for election to the Riigikogu.
(6) The National
Electoral Committee may suspend the authority of a member of a county electoral
committee or a division committee who has violated law. A county electoral
committee may suspend the authority of a member of a division committee who has
violated law.
(7) The authority of a
member of an electoral committee shall be restored:
1) in the cases
prescribed in clauses (5) 1) and 2) of this section, as of the date when the
election results are announced;
2) in the case
prescribed in clause (5) 3) of this section, as of the date following the date
when the candidate is not registered or declines to stand as a candidate or as
of the date when the election results are announced if the candidate is not
elected.
(8) A member of an
electoral committee shall not campaign for or against political parties or
candidates.
(9) A member of an
electoral committee shall be independent in the performance of his or her
duties. A member of an electoral committee shall operate pursuant to law and
the instructions of a superior electoral committee.
§ 12. Working procedures of electoral committee
(1) The work format of
an electoral committee shall be a meeting, which shall be convened by the
chairman of the committee or, in his or her absence, by the deputy chairman,
and in the absence of both the chairman and the deputy chairman, by the
youngest member of the electoral committee.
(2) An electoral
committee has a quorum if at least one-half of the members of the committee are
present, including the chairman or deputy chairman.
(3) Minutes shall be
taken of the meetings of an electoral committee.
(4) The meetings of an
electoral committee shall be public. Everyone has the right to examine
resolutions of an election committee and the minutes of committee meetings.
(5) An electoral
committee shall decide issues within its competence by a majority of votes in
favour. Any dissenting opinion of a member of the committee shall be recorded
in the minutes.
(6) If the authority of
a member of an electoral committee is suspended or terminates, the chairman
shall notify the first alternate member thereof who shall assume the
obligations of the member of the electoral committee.
(7) On the basis of a
resolution of an electoral committee, alternate members or other persons may
participate in election activities.
(8) If a member of the
National Electoral Committee cannot participate in a meeting of the Committee,
an alternate member who has all the rights and obligations of a member of the
Committee, except the rights and obligations of the Chairman or Deputy
Chairman, shall substitute for him or her.
(9) For the time
elections are being organised, the employment contract or service relationship
of a member or alternate member of an electoral committee or a person assisting
the committee shall be suspended on the basis of a proposal made by the
electoral committee.
§ 13. Assistance to electoral committee
(1) State and local
government bodies, administrative agencies and other agencies are, within their
competence, required to assist electoral committees in the organisation of
elections.
(2) An electoral
committee has the right to address state or local government bodies,
administrative agencies or other agencies in writing regarding issues
concerning the organisation of elections. An answer shall be provided to an
inquiry made by an electoral committee within three working days as of the
receipt thereof.
§ 14. Formation of National Electoral Committee
(1) The members of the
National Electoral Committee shall be as follows:
1) a judge of a court of
first instance appointed by the Chief Justice of the Supreme Court;
2) a judge of a court of
appeal appointed by the Chief Justice of the Supreme Court;
3) an adviser to the
Legal Chancellor appointed by the Legal Chancellor;
4) an official of the
State Audit Office appointed by the Auditor General;
5) a public prosecutor
appointed by the Chief Public Prosecutor;
6) an official of the
Chancellery of the Riigikogu appointed by the Secretary General of the
Riigikogu;
7) an official of the
State Chancellery appointed by the State Secretary.
(2) The members of the
National Electoral Committee shall be appointed not later than on the tenth day
before the authority of the Committee terminates.
(3) The Chairman and
Deputy Chairman of the National Electoral Committee shall be elected by the
electoral committee from among its members at the first meeting of the
committee. The first meeting of the National Electoral Committee shall be
convened by the Chairman or Deputy Chairman of the National Electoral Committee
not later than on the seventh day after the beginning of the term of the
Committee.
(4) The person who
appoints a member of the National Electoral Committee to office shall appoint
an alternate member for the member.
(5) The Chief Justice of
the Supreme Court may appoint a judge as a member of the National Electoral
Committee only with the consent of the judge and after considering the opinion
of the chief judge of the court.
(6) Operational and
clerical support shall be provided to the National Electoral Committee by the
Chancellery of the Riigikogu.
(7) The National
Electoral Committee shall establish its working procedure.
§ 15. Competence of National Electoral Committee
(1) The function of the
National Electoral Committee is to verify voting results and election results
across the whole country, ensure the uniformity of the conduct of Riigikogu
elections, instruct other electoral committees, exercise supervision over their
activities and perform other functions arising from law.
(2) The National
Electoral Committee has the right to:
1) issue precepts for
the elimination of deficiencies of an act of a county electoral committee or
division committee or a resolution of a county electoral committee;
2) suspend an act of a
county electoral committee or division committee or the validity of a
resolution of a county electoral committee;
3) declare a resolution
of a county electoral committee invalid and, if necessary, issue a precept for
a new resolution to be adopted.
(3) The National
Electoral Committee shall issue regulations in the cases prescribed in
subsection (4) of this section. Regulations of the National Electoral Committee
shall be signed by the Chairman. Regulations enter into force on the third day
after publication in the Riigi Teataja.
(4) The National
Electoral Committee shall establish the following by a regulation:
1) the working procedure
of the National Electoral Committee;
2) the procedure for the
nomination and registration of candidates;
3) the standard format
of applications for the registration of candidates, the standard format of the
list of candidates in an electoral district, the standard format of the
national lists of candidates, the standard format of applications to stand as a
candidate and the standard format of the personal data forms of candidates;
4) the standard format
of polling lists;
5) the procedure for
voting in foreign states;
6) the procedure for the
holding of voting and verification of voting results and election results;
7) the standard format
of ballot papers;
8) the standard format
of the records of voting results and election results;
9) the status of
observer;
10) the procedure for
the use of money allocated for the organisation of elections;
11) the procedure for
the preparation, submission and publication of the report concerning election
expenditure.
(5) The National
Electoral Committee shall adopt a resolution in order to resolve an individual
matter within the competence of the National Electoral Committee. The
resolution shall be signed by the Chairman of the Committee. The resolution
shall enter into force upon signature thereof.
(6) Regulations,
resolutions and instructions of the National Electoral Committee shall be
binding on county electoral committees and division committees.
§ 16. Formation of county electoral committee
(1) A county electoral
committee shall be comprised of up to thirteen members.
(2) A county secretary
shall be the chairman of a county electoral committee. The county governor, on
the proposal of the county secretary, shall appoint the members of the county
electoral committee not later than on the tenth day before the authority of the
committee terminates. The county governor, on the proposal of the county
secretary, shall also appoint up to four alternate members who, during the term
of authority of the committee and in the order specified by the county
governor, shall replace the members of the committee whose authority is
suspended or terminates.
(3) The chairman of the
electoral committees of the cities of
(4) The deputy chairman
of a county electoral committee shall be elected by the committee from among
its members.
(5) Operational and
clerical support shall be provided to county electoral committees and the
electoral committees of the cities of
§ 17. Competence of county electoral committee
(1) The function of a
county electoral committee is to verify voting results in the county, instruct
division committees, exercise supervision over their activities and perform
other functions arising from this Act.
(2) A county electoral
committee has the right to:
1) issue precepts for
the elimination of deficiencies of an act of a division committee;
2) suspend an act of a
division committee.
(3) A county electoral
committee shall adopt a resolution in order to resolve an individual matter
within the competence of the county electoral committee. The resolution shall
be signed by the chairman of the committee. The resolution shall enter into
force upon signature thereof.
(4) Resolutions and
instructions of county electoral committees shall be binding on division committees.
§ 18. Formation of division committee
(1) The chairman and up
to eight members of a division committee shall be appointed by a resolution of
the local government council (hereinafter council) not later than on the
twentieth day before election day.
(2) The council shall
appoint half of the members of a division committee on the proposal of the
rural municipality or city secretary and the rest of the members from among the
persons put forward by the political parties which participate in the elections.
Political parties shall put forward one member candidate for a division
committee to the rural municipality or city secretary not later than on the
forty-fifth day before election day. The candidate must consent to being put
forward. If political parties do not put forward candidates or if the number of
candidates put forward is lower than the number of members of the division
committee appointed from among the candidates of political parties, the council
shall appoint the rest of the members on the proposal of the rural municipality
or city secretary.
(3) On the proposal of
the rural municipality or city secretary, the council shall also appoint at
least two alternate members who, during the term of authority of the committee
and in the order specified by the council, shall replace the members of the
committee whose authority is suspended or terminates.
(4) A division committee
shall elect a deputy chairman of the committee from among its members.
(5) Operational and
clerical support shall be provided to a division committee by the rural
municipality government or city government.
§ 19. Competence of division committee
The function of a
division committee is to conduct voting, verify voting results in the polling
division and perform other functions arising from this Act.
Chapter 5
Registration of Voters
(1) Voters shall be
registered in the population register.
(2) The procedure for
maintenance of the population register shall be prescribed by law.
(3) Voters shall be registered
on the basis of the following information entered in the population register:
1) given name and
surname;
2) date of birth;
3) personal
identification code;
4) information on
citizenship;
5) information on
divestment of active legal capacity;
6) information on place
of residence.
(1) The chief processor
of the population register shall organise the preparation of polling cards and
their sending to voters not later than on the twentieth day before election
day. A polling card shall not be sent to a voter if the information on his or
her residence is entered in the population register on the initiative of a
local government to the accuracy of the rural municipality or city, or in
(2) The following shall
be entered on a polling card:
1) the given name and
surname of the voter;
2) the year of birth of
the voter;
3) the residential
address of the voter;
4) the name of the rural
municipality or city and the number of the polling division where the voter is
entered in the polling list;
5) the time and place of
voting on advance polling days and election day.
(3) A voter who has not
received a polling card by fifteen days before election day or whose polling
card contains incorrect information may file an application with the rural
municipality or city secretary for clarification to be given or errors to be
corrected. The rural municipality or city secretary shall promptly review the
application together with the person who prepared the polling card and shall
respond to the application in writing within three working days as of receiving
the application.
(1) The chief processor
of the population register shall organise the preparation and printing of the
polling lists for each polling division on the basis of the information held in
the population register and shall organise the delivery of polling lists to the
division committees by the day before the start of advance polls.
(2) The basis for the
preparation of polling lists shall be the information prescribed in subsection
20 (3) of this Act, as at thirty days before election day. Upon preparation of
a polling list, any changes made to the information specified in clauses 20 (3)
1)-5) of this Act later than thirty days before election day shall also be
taken into account. Any changes made to the residential address less than
thirty days before election day shall not be taken into account.
(3) A person shall not
be entered in a polling list if he or she has been convicted of a criminal
offence by a court pursuant to information held in the punishment register and
if, as of thirty days before election day, he or she is to be imprisoned until
election day.
(4) A voter shall be
entered in the polling list of the polling division in the territory of which
his or her residence, as entered in the population register, is located on the
thirtieth day before election day. If the information on the residence of a
voter is entered in the population register to the accuracy of the rural municipality
or city, or in Tallinn to the accuracy of the city district, the voter shall be
entered in the polling list of a polling division determined pursuant to clause
8 (2) 5) of this Act.
(5) The following
information on each voter shall be entered in the polling list:
1) given name and
surname;
2) personal
identification code;
3) residential address.
(6) Voters shall be
entered in a polling list in alphabetical order according to their surname.
(7) The person who prepares
a polling list shall sign the polling list before the start of advance polls
and the chairman of the division committee shall sign the polling list on
election day after the close of voting.
(8) Polling lists shall
be preserved permanently in the archives.
§ 23. Accessibility of polling lists
(1) A voter may check
the correctness of information entered in the polling list concerning himself
or herself.
(2) After election day,
the authorised representatives of political parties and independent candidates
and their authorised representatives may, in the event of justified interest,
examine polling lists to the extent necessary and the lists may also be used
for scientific purposes.
§ 24. Checking correctness of information
entered in polling list and correction of errors
(1) If a voter finds
that information entered in the polling list concerning himself or herself
contains errors, he or she shall submit an application for correction of the
errors to the division committee which shall promptly forward it to the rural
municipality or city secretary.
(2) The rural
municipality or city secretary shall promptly review the application together
with the person who prepared the polling list and shall respond to the
applicant and inform the division committee of the results of the review.
(3) The division
committee shall correct the error in the polling list on the basis of a notice
issued by the rural municipality or city secretary.
(4) If it is clear from
the documents submitted to a division committee that the information entered in
the polling list contains errors, the division committee may correct the
errors. The rural municipality or city secretary shall be promptly informed of
correction of the errors.
§ 25. Making amendments to polling list
(1) A polling list shall
be amended only if:
1) a person who has not
been entered in any polling list but who has the right to participate in voting
pursuant to this Act is to be entered in the list;
2) a person who does not
have the right to participate in voting is to be deleted from the list.
(2) In order to amend a
polling list, a person shall submit an application to be entered in the
population register or an application for the amendment of register information
which is the basis for the registration of voters to a rural municipality or
city secretary. The rural municipality or city secretary shall review the
application together with the person who prepared the polling list and shall
promptly respond to the person.
(3) If a person is
entered in the population register or if register information which is the
basis for the registration of voters is amended such that this brings about the
entry of the person in a polling list, the rural municipality or city secretary
shall promptly notify the division committee thereof.
(4) A division committee
shall make an amendment in a polling list on the basis of a notice issued by
the rural municipality or city secretary.
(5) If a rural
municipality or city secretary denies an application specified in subsection
(2) of this section, the applicant may file an action with an administrative
court of his or her residence against the act of the rural municipality or city
secretary. The action shall be filed with the rural municipality or city
secretary who shall forward the action and his or her written explanation to
the administrative court of his or her location within twenty-four hours.
(6) The administrative
court shall review the action and make a judgment within three working days
after the date of receipt of the action.
(7) The administrative
court shall make one of the following judgments:
1) to dismiss the
action;
2) to satisfy the action
and issue a precept to the rural municipality or city secretary to arrange that
the person be entered in the population register or to amend the register
information which is the basis for the registration of voters.
(8) If the
administrative court satisfies the action, the person shall be promptly entered
in the population register or the information pertaining to him or her shall be
amended and the division committee shall be promptly notified thereof.
Chapter 6
Nomination and Registration of Candidates
(1) Political parties
which are entered in the non-profit associations and foundations register not later
than on the last day for the nomination of candidates may participate in
Riigikogu elections.
(2) The Minister of
Justice shall send a list of political parties to the National Electoral
Committee within three working days after the elections are called. Political
parties which are in the non-profit associations and foundations register on
the date the elections are called shall be entered in the list.
(3) Political parties
shall participate in Riigikogu elections under their own name.
(4) A political party
shall, upon nominating candidates, submit a written notice to the National
Electoral Committee which sets out the names, personal identification codes,
addresses and telecommunications numbers of the authorised representatives of
the political party. A person entitled to represent a political party according
to the Non-profit Associations Act (RT I 1996, 42, 811; 1998, 96, 1515; 1999,
10, 155; 23, 355; 67, 658; 2000, 55, 365; 88, 576; 2001, 56, 336; 93, 565) or
the articles of association of the political party shall sign the notice. If a
political party is not in the list set out in subsection (2) of this section,
the political party shall also submit a certificate concerning entry in the
non-profit associations and foundations register.
(5) A political party
may authorise up to two persons to represent the party.
(6) Within two days
after the last day for the nomination of candidates, the Minister of Justice
shall send the lists of the members of political parties which are entered in
the non-profit associations and foundations register, as at the last day for
the nomination of candidates, to the National Electoral Committee in electronic
form. The lists shall include the names and personal identification codes of
the members and the date on which they became members of the political party.
(1) Every person who has
the right to stand as a candidate (subsections 4 (4)-(6)) may nominate himself
or herself as an independent candidate and perform the acts necessary for
registration. A person who has the right to vote pursuant to subsections 4
(1)-(3) of this Act may nominate another person as an independent candidate and
perform the acts necessary for registration on the basis of a corresponding
authorisation document.
(2) An independent
candidate may be nominated in only one electoral district.
(1) The following are
candidate documents:
1) an application to
stand as a candidate;
2) a personal data form
of the candidate.
(2) In an application to
stand as a candidate, a person shall:
1) express his or her
desire to stand as a candidate in the list of a political party or to stand as
an independent candidate;
2) confirm that he or
she complies with the requirements of this Act for candidates standing in Riigikogu
elections.
(3) The following
information shall be entered on the personal data form of a candidate:
1) given name and
surname;
2) personal
identification code;
3) membership of a
political party;
4) residential address;
5) telecommunications
numbers.
(4) The following
information may be entered on the personal data form of a candidate:
1) place of birth;
2) education, area of
specialisation, name of educational institution and time of graduation;
3) research degree;
4) place of employment;
5) position.
(5) The National
Electoral Committee shall not disclose the personal identification code,
residential address or telecommunications numbers of a candidate.
(6) A candidate shall
use only his or her given name and surname as his or her name when standing as
a candidate.
(1) A political party
shall prepare:
1) the lists of
candidates in electoral districts;
2) the national list of
candidates.
(2) Nominated candidates
shall be included in both lists specified in subsection (1) of this section.
(3) The number of
candidates in an electoral district may exceed the number of mandates in the
electoral district by up to two candidates.
(4) A person may stand
as a candidate in only one electoral district. Standing as a candidate is not
related to the electoral district of the residence of the person.
(5) A person may stand
as a candidate in the list of candidates of only one political party. A person
who is nominated as an independent candidate or who is a member of another
political party shall not stand in a list of candidates.
(6) A political party
may put forward only one list of candidates for registration in an electoral
district.
(7) The order of the
candidates in a list shall be specified by the political party.
(8) All the authorised representatives
of a political party shall sign the lists of candidates in electoral districts
and the national list of candidates.
§ 30. Nomination of candidates
(1) The nomination of
candidates shall begin on the working day following the distribution of
mandates. A political party may put forward its candidates after submission of
a notice specified in subsection 26 (4) of this Act.
(2) The nomination of
candidates shall end on the forty-fifth day before election day at
(3) In order to register
candidates, a political party shall submit the following to the National
Electoral Committee:
1) an application for
the registration of candidates;
2) the lists of
candidates in electoral districts;
3) the national list of
candidates;
4) a copy of the payment
order certifying the payment of security;
5) the candidate
documents of each candidate (subsection 28 (1)).
(4) An independent
candidate shall submit the following to the National Electoral Committee:
1) an application for
registration of the candidate;
2) a copy of the payment
order certifying the payment of security;
3) the candidate
documents (subsection 28 (1)).
(5) Before nominating
candidates, a political party or an independent candidate shall deposit an amount,
the size of which is equal to two minimum salary rates as established by the
Government of the Republic for each person nominated, in the bank account of
the National Electoral Committee as security.
§ 31. Acceptance and return of documents
(1) The National
Electoral Committee shall maintain records concerning the nomination of
candidates.
(2) The registration
documentation of candidates shall be delivered by an authorised representative
of the political party. The registration documentation of an independent
candidate shall be delivered by the independent candidate or his or her
authorised representative.
(3) If not all the
required documents are submitted to the National Electoral Committee or if the
documents contain errors or omissions or they are not in conformity with the
standard format established by the National Electoral Committee, the person who
accepts documents shall propose to the submitter of the documents that the
required documents or information be submitted, that documents conforming with
the standard format be submitted or that the errors be corrected. All submitted
documents shall be returned.
(4) If a political party
or an independent candidate wishes to make amendments to the registration
documentation of candidates, the National Electoral Committee shall return all
the submitted documents and, upon re-submission thereof, the documents shall be
deemed to have been submitted for the first time.
(5) If a candidate is
deleted from the list of nominated candidates on the basis of a personal
application, the National Electoral Committee shall return the candidate
documents to him or her and inform an authorised representative of the
political party or independent candidate thereof. The political party need not
re-submit the registration documentation of candidates.
(6) If a political party
or an independent candidate submits documents before 6 p.m. on the forty-fifth
day before election day and it becomes evident that not all the required
documents have been submitted, that the documents contain omissions or are not
in conformity with the standard format established by the National Electoral
Committee, or that the submitted documents contain errors which cannot be
corrected immediately, the documents shall be accepted. The person who accepts
the documents shall propose to the submitter of the documents that the missing
documents or information be submitted, that documents conforming with the
standard format established by the National Electoral Committee be submitted or
that the errors be corrected. In such case, the political party or independent
candidate shall perform the required acts not later than before
§ 32. Registration of candidates
(1) The National Electoral
Committee shall, after expiry of the term for the nomination of candidates but
not later than on the fortieth day before election day, register all persons
nominated in accordance with the requirements of this Act in the order of their
nomination.
(2) Each candidate shall
be assigned a registration number. Registration numbers shall begin at 101 and
shall be assigned to the candidates in the order of their registration.
(3) If, within the term
specified in subsection 31 (6) of this Act, a political party or an independent
candidate fails to perform the acts required by the National Electoral
Committee, the National Electoral Committee shall not register:
1) any of the candidates
nominated by the political party if documents specified in clauses 30 (3) 1),
2), 3) or 4) of this Act are missing or if the documents contain errors or are
not in conformity with the standard format;
2) a candidate if
documents or information concerning him or her are missing or if their
documents contain errors or are not in conformity with the standard format.
(4) The National
Electoral Committee shall adopt a reasoned resolution on failure to register a
candidate.
(5) The National
Electoral Committee shall revoke a resolution to register a candidate if:
1) the candidate declines
to stand as a candidate on the basis of a written application which may be
submitted by him or her within three days after registration;
2) the candidate dies;
3) it is established
that the candidate does not comply with the requirements prescribed in
subsections 4 (4)-(6) and 29 (5) of this Act.
(6) The National
Electoral Committee shall register a person who was not registered previously
after the term specified in subsection (1) of this section if the Committee
finds that the person complies with the requirements prescribed in subsections
4 (4)-(6) and 29 (5) of this Act or if the resolution of the National Electoral
Committee not to register the candidate is revoked by a judgment of the Supreme
Court.
(7) A resolution on
registration may be revoked and a person who was not registered may be
registered not later than on the day before the start of advance polls.
§ 33. Consolidated list of candidates in
electoral district
(1) After the
registration of candidates, the National Electoral Committee shall prepare a
consolidated list of candidates in each electoral district.
(2) Candidates shall be
entered in the consolidated list of candidates in an electoral district by the
lists of candidates of political parties in the electoral district in the order
of their registration. The name of the political party which puts forward the
list shall be indicated at the top of the list of candidates in the electoral
district. Independent candidates shall be entered in the consolidated list of
candidates in the electoral district in the order of their registration after
the lists of candidates of political parties in the electoral district.
(3) The registration
number and name of each candidate shall be set out in the consolidated list of
candidates in an electoral district. If several candidates with the same name
stand in one electoral district, their dates of birth shall also be set out in
the consolidated list.
(4) The National
Electoral Committee shall inform the electoral committees, representations
organising voting in foreign states and masters of ships of all corrections and
amendments to consolidated lists of candidates in electoral districts, and they
shall make the corresponding corrections or amendments to the consolidated
lists of candidates in the electoral districts. The consolidated lists of
candidates shall not be amended after the start of advance polls.
Chapter 7
Voting Procedure
(1) Voting in a polling
division shall be held at a polling place designated by the rural municipality
or city government. Different polling places may be designated for voting on
election day and on advance polling days.
(2) A polling place
shall have places for the distribution of ballot papers, voting booths and a
ballot box. In a polling division where voters can vote outside the polling
division of their residence, the polling place shall have a separate voting
booth and ballot box for voters voting outside the polling division of their
residence during advance polls. The consolidated list of candidates in the
electoral district and the national lists of candidates shall be posted in the
polling place.
(3) Order in a polling
place shall be maintained by the division committee. Lawful oral orders given
by members of the division committee are mandatory for all persons in the
polling place.
(1) A voting booth shall
enable voting to be secret.
(2) There shall be a
table and a writing instrument in a voting booth. The consolidated list of
candidates in the electoral district shall be posted on the wall of the voting
booth.
(1) Before voting opens,
the division committee shall inspect and seal the ballot box. Ballot boxes
sealed before the start of advance polls shall be used for advance polls only.
(2) The opening of a
ballot box shall be covered. It shall be opened only to deposit a ballot paper
in the box.
(3) After the close of
voting on advance polling days, the division committee shall seal the opening
of the ballot box used for advance polls.
(1) The standard format
of ballot papers shall be established by the National Electoral Committee.
(2) The National
Electoral Committee shall organise the preparation of ballot papers and their
delivery to the division committees.
(3) After the receipt of
ballot papers, the division committee shall affix the seal of the division
committee to the ballot papers. The National Electoral Committee shall affix
its seal to ballot papers used for voting in foreign states and on board ships.
(1) Voting on election
day shall open at
(2) Advance polls shall
begin on the sixth day before election day and close on the fourth day before
election day. Voting on advance polling days shall open at
(3) Home voting shall be
held on election day in the cases prescribed in this Act.
(4) Voting in custodial
institutions shall be held on advance polling days in the cases prescribed in
this Act.
(1) A voter shall vote
in the polling division where he or she is entered in the polling list, except
in the cases prescribed in §§ 41-45 and 47 and in Chapter 8 of this Act.
(2) In order to obtain a
ballot paper, a voter shall present an identity document to the division
committee. The voter shall sign the polling list against receipt of the ballot
paper.
(3) The voter shall
complete the ballot paper in a voting booth.
(4) The voter shall
write the registration number of the candidate in the electoral district of his
or her residence for whom he or she wishes to vote in the designated space on
the ballot paper.
(5) The voter shall
complete the ballot paper himself or herself. If he or she is unable to
complete the ballot paper himself or herself due to a physical disability,
another voter, but not a candidate in the election district of his or her
residence, may do so at his or her request and in his or her presence.
(6) If a voter spoils the
ballot paper, he or she has the right to be given a new ballot paper by the
division committee. In such case the voter shall return the spoiled ballot
paper to the division committee.
(7) After completing the
ballot paper, the voter shall fold the ballot paper and hand it to a member of
the division committee who shall affix the seal of the division committee to
the outside of the folded ballot paper.
(8) The voter shall
deposit the ballot paper in the ballot box himself or herself. If he or she is
unable to deposit the ballot paper in the ballot box himself or herself due to
a physical disability, another voter may do so at his or her request and in his
or her presence.
(1) Advance polls shall
be held pursuant to the procedure prescribed in § 39 of this Act.
(2) A voter entered in
the polling list who has attained 18 years of age by the day of the advance
polls has the right to vote at the advance polls.
(3) Advance polls shall
be organised by at least three members of the division committee.
(4) A member of the
division committee shall mark the date of voting in the polling list concerning
each voter who has voted.
(5) The division
committee shall keep the ballot box and voting documents on advance polling
days and the following days such that only members of the division committee
have access to them.
§ 41. Specifications for advance polls held
outside polling division of residence
(1) On advance polling
days (subsection 38 (2)), voters may vote outside the polling division of their
residence in a polling division designated by the rural municipality or city
government or electronically on the webpage of the National Electoral
Committee.
(2) A division committee
designated by the rural municipality or city government shall organise voting
outside the polling division of residence. The rural municipality or city
government may designate a division committee which, in addition to advance
polls, organises voting only at the location of a voter (§ 43) or only in
custodial institutions (§ 45).
§ 42. Advance polls held in polling places
outside polling division of residence
(1) A voter who wishes
to vote in a polling place outside the polling division of his or her residence
shall present an identity document to a member of the division committee and
the voter shall be entered in the list of voters voting outside the polling
division of their residence.
(2) The member of the
division committee shall issue a ballot paper, two envelopes and the
consolidated list of candidates in the electoral district of the residence of
the voter to the voter. The voter shall sign the list of voters voting outside
the polling division of their residence against the receipt of a ballot paper.
(3) The voter shall
complete the ballot paper pursuant to the provisions of subsections 39 (3)-(6)
of this Act.
(4) The voter shall
place the ballot paper in one of the envelopes given by the member of the
division committee. The voter shall place this envelope in the other envelope
given by the member of the division committee. The voter or the member of the
division committee shall write the name, personal identification code and
residential address of the voter on the outer envelope. The voter shall deposit
the envelope in the ballot box prescribed for the ballot papers of voters
voting outside the polling division of their residence.
§ 43. Advance polls held outside polling
division of residence at location of voter
(1) If a voter who
wishes to vote outside the polling division of his or her residence is unable
to vote at a polling place located in a polling division due to his or her
state of health or for another good reason, he or she may, until 4 p.m. on the
last day of advance polling, submit a written application to vote at his or her
location to the rural municipality or city government of his or her location or
to a division committee prescribed in subsection 41 (2) of this Act. The
division committee shall register the application. The rural municipality or
city government shall register the application and forward it to the
corresponding division committee.
(2) Voting shall be
organised by at least two members of the division committee pursuant to the
provisions of subsections 39 (4)-(6) and 42 (1), (2) and (4) of this Act.
(1) On advance polling
days, voters holding a certificate for giving a digital signature may vote
electronically on the webpage of the National Electoral Committee. A voter
shall vote himself or herself.
(2) A voter shall
identify himself or herself by giving a digital signature.
(3) After identification
of the voter, the consolidated list of candidates in the electoral district of
the residence of the voter shall be displayed to the voter on the webpage. The
opportunity for the voter to examine the national lists of candidates shall be
provided.
(4) The voter shall
indicate on the webpage the candidate in the electoral district of his or her
residence for whom he or she wishes to vote and shall confirm the vote.
(5) A notice that the
vote has been taken into account shall be displayed to the voter on the
webpage.
§ 45. Voting in custodial institutions
(1) Voting in custodial
institutions shall be held on advance polling days.
(2) The administration
of a custodial institution shall submit an application for voting to be held to
the division committee prescribed in subsection 41 (2) of this Act.
(3) Voting shall be
organised by at least two members of the division committee pursuant to the
provisions of subsections 39 (4)-(6) and 42 subsections (1), (2) and (4) of
this Act.
(4) Upon verification of
the voting results, the votes of voters who voted at advance polls in a
custodial institution shall be taken into account pursuant to the provisions of
§ 48 of this Act.
(1) If a voter is unable
to vote at a polling place due to his or her state of health or for another
good reason, he or she may apply to vote at home.
(2) In order to vote at
home, a voter shall submit a written application to the rural municipality or
city government or to the division committee of his or her residence by
(3) Home voting shall be
organised by at least two members of the division committee pursuant to the
provisions of subsections 39 (1), (2), (4), (5), (6) and (8) of this Act.
(4) A home voter shall
sign the list of home voters against the receipt of a ballot paper.
§ 47. Voting in
(1) A voter residing in
a foreign state who has been entered in the list of voters permanently residing
in a foreign state and who has not voted pursuant to the procedure provided for
in Chapter 8 may vote during advance polls in any polling division designated
pursuant to the procedure provided for in the first sentence of subsection 41
(2) of this Act.
(2) In order to obtain a
ballot paper, a voter shall present an identity document to the division
committee and shall be entered in the list of voters voting outside the polling
division of their residence.
(3) A member of the
division committee shall issue a ballot paper, two envelopes and the
consolidated list of candidates in the electoral district of the residence of
the voter to the voter. The voter shall sign the list of voters voting outside
the polling division of their residence against the receipt of a ballot paper.
(4) The voter shall
complete the ballot paper pursuant to the provisions of subsections 39 (3)-(6)
of this Act.
(5) The voter shall
place the ballot paper in one of the envelopes given by the member of the
division committee. The voter shall place this envelope in the other envelope
given by the member of the division committee. The voter or the member of the
division committee shall write the name, personal identification code,
residential address and number of the electoral district of the voter on the
outer envelope. The voter shall deposit the envelope in the ballot box
prescribed for the ballot papers of voters voting outside the polling division
of their residence.
(6) Upon the
verification of voting results, votes cast pursuant to the procedure prescribed
in subsection (1) of this section shall be taken into account pursuant to the
provisions of subsections 48 (1) and (2) and subsections 55 (2)-(6) of this
Act.
§ 48. Taking votes cast during advance polls
outside polling division of residence and electronically into account
(1) A division committee
shall pack the envelopes with the ballot papers of voters who voted outside the
polling division of their residence by county, by the cities of Tallinn and
Tartu and by voters who permanently reside in a foreign state but voted in
Estonia, and shall forward the envelopes to the electoral committee of the
county of its location.
(2) The county electoral
committee shall forward the envelopes with ballot papers specified in
subsection (1) of this section to the electoral committees of the appropriate
counties through the National Electoral Committee not later than on the second
day before election day.
(3) After the close of
electronic voting, the National Electoral Committee shall prepare a list of
voters who voted electronically by polling division and shall forward the list
to the county electoral committees not later than on the second day before
election day.
(4) A county electoral
committee shall forward the envelopes with ballot papers received pursuant to
the procedure provided for in subsections (2) and (3) of this section from
other county electoral committees and the envelopes with the ballot papers of
persons who voted in foreign states and on board ships received from the
National Electoral Committee and the lists of voters who voted electronically
to the appropriate division committees not later than on the day before
election day.
(5) After receipt of the
envelopes with ballot papers and the list of voters who voted electronically
pursuant to the procedure prescribed in subsection (4) of this section, the
division committee shall check that each voter is entered in the polling list
of the polling division and that he or she has not voted more than once. At
least three members of the division committee shall be present during the
verification.
(6) If a voter has not
been entered in the polling list of a polling division or has voted several
times, the division committee shall not take into account any of the ballot
papers of the voter received pursuant to the procedure prescribed in subsection
(4) of this section. If a voter has voted several times, including
electronically, the division committee shall promptly send a corresponding
notice to the National Electoral Committee. On the basis of the notice, the
National Electoral Committee shall not take into account any vote cast
electronically by the voter. If the voter has not voted in the polling division
of his or her residence, a member of the division committee shall make a
notation in the polling list concerning voting at the advance polls.
(7) After performing the
acts prescribed in subsections (5) and (6) of this section, the division
committee shall open the outer envelopes, deposit the inner envelopes with
ballot papers in the ballot box used at the advance polls and seal the opening
of the ballot box again.
Chapter 8
Voting in Foreign State
(1) Voting in a foreign
state for voters permanently residing in the foreign state and voters
temporarily staying there shall be organised by representations of
(2) An honorary
consulate, the honorary consul of which is an Estonian citizen, may be
designated to organise voting by an order of the Government of the Republic. In
such case, the honorary consulate shall perform the acts prescribed in this
Chapter.
(3) Voting shall be
organised by the head of a representation or an official designated by him or
her. In the case prescribed in subsection (2) of this section, voting shall be
organised by an honorary consul or a person designated by him or her. The
person who organises voting must be a person who has the right to vote pursuant
to subsections 4 (1) and (2) of this Act.
(4) The chief processor
of the population register shall organise the forwarding of lists of voters
permanently residing in foreign states to the representations. The following
information shall be entered in the list of voters:
1) given name and
surname;
2) personal
identification code;
3) residential address,
if known;
4) the number of the
electoral district of which the consolidated list of candidates is sent to the
voter.
(5) If the address of a
voter permanently residing in a foreign state or a voter temporarily staying
there is known, the representation shall send him or her a polling card by post
or electronic mail not later than on the eighty-fifth day before election day.
(6) The following shall
be entered on a polling card:
1) the given name and
surname of the voter;
2) the date of birth of
the voter;
3) the address of the
voter;
4) the address of the
representation;
5) the procedure for
submitting an application to vote by post, for voting by post and for voting at
the representation;
6) the due date for the
receipt by the representation of applications to vote by post;
7) the due date for the
receipt by the representation of ballot papers sent by post;
8) the time of voting at
the representation.
§ 50. Submission of application to vote
(1) If a voter wishes to
vote by post, he or she shall send a corresponding application to the Estonian
representation in the country of his or her habitual residence. If there is no
Estonian representation in the country of habitual residence of the voter, he
or she shall send the application to the nearest Estonian representation.
(2) A voter who has been
entered in the list of voters permanently residing in a foreign state shall:
1) append a copy of the
page of his or her identity document containing personal data to the
application;
2) indicate in the
application his or her residential address in the foreign state.
(3) A voter who has not
been entered in the list of voters permanently residing in a foreign state
shall:
1) append a copy of the
page of his or her identity and citizenship document containing personal data
to the application or submit copies of other documents which certify that he or
she has the right to vote in accordance with subsections 4 (1) and (2) of this
Act;
2) indicate his or her
residential address in the foreign state;
3) indicate his or her
last residence in
(4) A voter temporarily
staying in a foreign state shall indicate his or her residential address in
(5) Applications shall
have been received by the representation not later than on the thirtieth day
before election day.
§ 51. Sending of election documents to voter
(1) At the earliest
possible opportunity, a representation shall send the following to voters who
sent their applications in due time and who comply with the requirements of
this Act:
1) a ballot paper;
2) the consolidated list
of candidates in the electoral district pursuant to the information in the list
of voters permanently residing in a foreign state or in accordance with clause
50 (3) 3) or subsection 50 (4) of this Act;
3) two envelopes.
(2) If a voter
permanently residing in a foreign state has indicated Tallinn as his or her
last residence or the last residence of his or her parents or grandparents but
has not specified the city district, the consolidated list of candidates in
electoral district no. 1 shall be sent to the voter.
(3) If a voter
permanently residing in a foreign state has indicated Petseri county as his or
her last residence or the last residence of his or her parents or grandparents,
the consolidated list of candidates in electoral district no. 10 shall be sent
to the voter.
(1) A voter shall complete
a ballot paper pursuant to the provisions of this Act. The voter shall place
the completed ballot paper in one of the envelopes sent by the representation.
The voter shall place this envelope in the other envelope sent by the
representation. The voter shall write his or her name and personal
identification code and the number of the electoral district on the outer
envelope. A voter temporarily staying in a foreign state shall also write his
or her residential address in
(2) Ballot papers sent
by post shall have been received by the representation on the day determined by
the representation, which shall be determined such that the National Electoral
Committee will receive the ballot papers not later than on the fourth day
before election day.
(3) A representation
shall prepare a list of voters who voted by post and shall forward the list to
the National Electoral Committee such that the National Electoral Committee
will receive the list not later than on the fourth day before election day.
(4) Upon voting by post,
the expenses relating to the acts specified in subsection 50 (1) of this Act
and subsection (1) of this section shall be borne by the voter.
§ 53. Electronic voting in foreign states
(1) A voter who has been
entered in the list of voters permanently residing in a foreign state or who is
temporarily staying in a foreign state and who holds a certificate for giving a
digital signature may vote on the webpage of the National Electoral Committee.
(2) Electronic voting
shall be held at the time prescribed in subsection 38 (2) of this Act and
pursuant to the procedure prescribed in § 44 of this Act.
§ 54. Voting at representation
(1) If a voter does not
submit an application to vote by post within the term provided for in
subsection 50 (5) of this Act or does not send a ballot paper to the
representation by the due date provided for in subsection 52 (2) of this Act,
he or she may vote at the representation at a time determined by the
representation.
(2) A representation
shall allow voting at the representation on at least two days in the period
between fifteen days and ten days before election day.
(3) At a representation,
a voter shall complete a ballot paper pursuant to the provisions of this Act.
Thereafter the voter shall place the completed ballot paper in an envelope. The
voter shall place this envelope in another envelope. The voter or the person
organising the voting shall write the name and personal identification code and
the number of the electoral district of the voter on the outer envelope. A
voter temporarily staying in a foreign state shall also write his or her
residential address in
(4) A voter voting at a
representation shall sign the list of voters voting at the representation
against the receipt of a ballot paper.
§ 55. Taking ballot papers into account upon
verification of voting results
(1) The ballot papers
received by a representation shall be taken into account in the verification of
voting results if they are received by the National Electoral Committee not
later than on the fourth day before election day.
(2) When the National
Electoral Committee has received the envelopes with ballot papers of voters
permanently residing in a foreign state, the Committee shall verify that the
voters permanently residing in a foreign state have not voted several times and
that the voters permanently residing in a foreign state who voted in Estonia
are entered in the list of voters permanently residing in a foreign state.
(3) If a voter
permanently residing in a foreign state has voted several times or has not been
entered in the list of voters permanently residing in a foreign state, the
National Electoral Committee shall not take into account any of the ballot
papers completed by the voter or any vote cast electronically by the voter in
the verification of the voting results.
(4) The National
Electoral Committee shall designate a county electoral committee for each electoral
district which shall verify the voting results of voters permanently residing
in a foreign state.
(5) The National
Electoral Committee shall forward the ballot papers of voters permanently
residing in a foreign state to the electoral committee designated in subsection
(4) of this section not later than on the second day before election day.
(6) Envelopes with the
ballot papers of voters permanently residing in a foreign state shall remain in
the county electoral committee and shall be opened on election day in order to
verify the voting results.
(7) Not later than on
the day before election day, the National Electoral Committee shall forward the
envelopes with the ballot papers of voters temporarily staying in a foreign
state to the corresponding division committees where the ballots are to be
taken into account when the voting results are being verified pursuant to the
provisions of subsections 48 (4)-(7) of this Act.
§ 56. Voting on board ship flying national flag
of
(1) If a ship flying the
national flag of the Republic of Estonia which has voters on board is located
in international waters or waters of a foreign state on advance polling days or
election day, the master of the ship may submit an application to the National
Election Committee to hold voting on board the ship.
(2) The master of a ship
shall organise voting on board the ship pursuant to the provisions of this Act.
A voter shall vote on board a ship pursuant to the provisions of subsections 42
(3) and (4) of this Act. Upon verification of the voting results, votes cast on
board a ship shall be taken into account pursuant to the provisions of
subsections 55 (1) and (7) and subsections 48 (4)-(7) of this Act.
Chapter 9
Verification of Voting Results and Election
Results
§ 57. Verification of voting results in division
committees
(1) A division committee
shall open the ballot boxes on election day after the close of voting. More
than one-half of the members of the division committee shall be present at the
opening.
(2) Before the ballot
boxes are opened, the division committee shall count and cancel all ballot
papers that were not issued to voters and all spoiled ballot papers returned by
voters. Ballot papers shall be cancelled by cutting off a corner of the ballot
paper.
(3) Before the ballot
boxes are opened, the division committee shall use the polling lists to verify
the number of voters entered in the lists and count the signatures in the
polling lists given in receipt of a ballot paper to verify the number of voters
who were given a ballot paper, and shall enter these numbers in a standard
format record.
(4) When a ballot box is
opened, the condition of the impression of the seal on the box shall be
inspected.
(5) The seal of the
division committee shall be affixed to the outside of ballot papers of home
voters, and the ballot papers shall be placed among the ballot papers of voters
who voted at the polling place.
(6) The seal of the
division committee shall be affixed to the outside of ballot papers of voters
who voted outside the polling division of their residence, and these ballots
shall be placed together with the ballot papers of persons who voted at the
advance polls among the ballot papers of persons who voted on election day.
(7) On the basis of the
ballot papers in the ballot box, the division committee shall verify the number
of voters who participated in the voting, the number of invalid ballot papers
and the number of votes cast for candidates and political parties, and shall
enter these numbers in a standard format record.
(8) A ballot paper shall
be deemed to be invalid if:
1) it does not bear two
seals of the division committee;
2) no candidate
registration number or more than one candidate registration number has been
written on the ballot paper;
3) the candidate whose
number is written on the ballot paper is not standing in the electoral
district;
4) the candidate
registration number written on the ballot paper has been changed;
5) the candidate
registration number written on the ballot paper is illegible.
(9) If no candidate
registration number has been written on a ballot paper but the will of the
voter is clear and unambiguous, the ballot paper shall be deemed to be valid.
(10) A standard format
record shall be prepared concerning the verification of the voting results. The
chairman of the committee shall sign the record. The date and time of
preparation of the record shall be indicated therein.
(11) After verification
of the voting results, valid ballot papers shall be packed by candidate.
Invalid ballot papers, ballot papers which were not issued to voters and
spoiled ballot papers returned by voters shall be packed separately. The
polling division from which the ballot papers originate and the type and number
of ballot papers in the pack shall be marked on the pack. The chairman of the
division committee shall sign the label.
(12) Ballot papers,
polling lists, records concerning voting results and any dissenting opinions of
members of the committee shall be promptly delivered to the county electoral
committee.
(13) Voting results
shall be verified in a division committee in public.
§ 58. Counting of votes cast at advance polls
(1) A division committee
shall open the ballot box used for advance polls to count the votes cast at the
advance polls at
(2) The votes cast in
the advance polls shall be counted in a room separate from the polling place.
(3) The inner envelopes
which contain the ballot papers of voters who voted outside the polling
division of their residence shall be opened, and the ballots shall be taken into
account when summaries are made concerning the results of the advance polls and
they shall be kept separately from other ballot papers.
(4) A summary, signed by
the chairman of the committee, shall be prepared concerning the results of the
advance polls. The results of the advance polls shall be promptly delivered to
the county electoral committee or the National Electoral Committee.
(5) The results of the
advance polls shall not be disclosed before
(6) The counting of
votes cast at the advance polls in a polling division shall be public. Persons
who are present at the counting of votes shall follow any oral orders given by
members of the division committee. Persons who are present at the counting of
votes shall not bring any means of communication into the room where the votes
are counted or leave the room before
§ 59. Verification of voting results of voters
permanently residing in foreign state
(1) The county electoral
committee designated in subsection 55 (4) of this Act shall begin counting the
votes cast by voters permanently residing in a foreign state at
(2) The inner envelopes
which contain the ballot papers of voters permanently residing in a foreign
state shall be opened and a seal shall be affixed to the outside of the ballot
papers.
(3) On the basis of the
ballot papers, the county electoral committee shall verify the number of voters
permanently residing in a foreign state who participated in the voting, the
number of invalid ballot papers and the number of votes cast for candidates and
political parties. A ballot paper shall be declared invalid pursuant to the
provisions of subsections 57 (8) and (9) of this Act.
(4) The voting results
of voters permanently residing in a foreign state shall not be disclosed before
(5) A standard format
record shall be prepared concerning verification of the voting results of
voters permanently residing in a foreign state. The chairman of the committee
shall sign the record. The date and time of preparation of the record shall be
indicated therein.
(6) The voting results
of voters permanently residing in a foreign state shall be verified in public,
taking into account the restrictions prescribed in subsection 58 (6) of this
Act.
§ 60. Verification of voting results in county
electoral committees
(1) On the basis of the
records received from the division committees, the county electoral committees
shall verify the number of voters entered in the lists, the number of voters
who were given a ballot paper, the number of voters who participated in voting,
the number of invalid ballot papers and the number of votes cast for candidates
and political parties. The result obtained shall be checked by recounting the
ballot papers.
(2) If the numbers
obtained by recounting the ballot papers are different from the numbers in the
records of a division committee, the county electoral committee shall set out
the differences and the circumstances which caused such differences in the
appendix to the record. The records of the division committee shall not be
amended. The county electoral committee shall adopt a decision concerning the
final voting results.
(3) A county electoral
committee shall prepare a record concerning voting results in the county, in
each electoral district in
(4) Voting results shall
be verified in a county electoral committee in public.
§ 61. Verification of voting results in National
Electoral Committee
(1) On the basis of the
records concerning the voting results of voters in counties and voters
permanently residing in a foreign state which are received from the county
electoral committees and on the basis of the voting results of voters who voted
electronically, the National Electoral Committee shall, for each electoral
district, verify the number of voters entered in the polling lists, the number
of voters who were given a ballot paper, the number of voters who participated
in voting, the number of invalid ballot papers and the number of votes cast for
candidates and political parties.
(2) The National
Electoral Committee shall prepare a record concerning the voting results which
shall be signed by the Chairman of the Committee. The date and time of
preparation of the record shall be indicated therein.
(3) The results of
electronic voting shall not be disclosed before the close of voting on election
day.
(4) The verification of
voting results in the National Electoral Committee shall be public.
§ 62. Verification of election results
(1) A simple quota shall
be calculated for each electoral district, which shall be obtained by dividing
the number of valid votes cast in the electoral district by the number of
mandates in the district.
(2) A candidate for whom
the number of votes cast exceeds or equals the simple quota is elected.
(3) In the lists of
candidates of those political parties in an electoral district whose candidates
receive at least 5 per cent of the votes nationally, the candidates shall be
ranked according to the number of votes cast for each candidate. The votes cast
for candidates standing in the list of candidates of the same political party
in an electoral district shall be totalled. A political party shall be given as
many mandates as the number of times by which the number of votes it receives
in the electoral district exceeds the simple quota. Mandates obtained pursuant
to subsection (2) of this section are also deemed to be mandates of a political
party. The number of mandates of a political party shall be increased by one if
the remaining votes total at least 75 per cent of the simple quota. A political
party shall also be given a mandate if the number of votes is at least 75 per
cent of the simple quota. The candidates at the top of the list for whom the
number of votes cast is at least 10 per cent of the simple quota are elected.
If at least two candidates receive an equal number of votes, the candidate who
is further towards the top of the national list of candidates shall be elected.
(4) Mandates which are
not distributed in electoral districts on the basis of a simple quota shall be
distributed as compensation mandates between the political parties whose
candidates receive at least 5 per cent of the votes nationally.
(5) The compensation
mandates shall be distributed using a modified d'Hondt distribution method with
the distribution series of 1, 20,9, 30,9, 40,9,
etc. In calculating the comparative figure for each political party, as many
first elements of the series shall be omitted as the number of mandates
obtained by the political party in the electoral districts. If the comparative
figures of at least two political parties are equal, the political party whose
candidates were registered earlier shall be given the mandate.
(6) The candidate who is
further towards the top of the list and for whom the number of votes cast is at
least 5 per cent of the simple quota shall be given a compensation mandate in
the national list of candidates. Upon the distribution of mandates, the
candidates who were elected in electoral districts shall be omitted.
(7) If, upon the
distribution of compensation mandates, it becomes evident that there are not
enough candidates in the national list of candidates for whom the number of votes
cast is at least 5 per cent of the simple quota of his or her electoral
district, the candidate of the same list who has received the highest
percentage of votes of the simple quota of his or her electoral district shall
be given a compensation mandate. In the event of an equal number of votes, the
candidate who is further towards the top of the submitted list shall be given a
compensation mandate.
(8) No political party
shall be given more mandates than there are candidates in its list.
(9) If a resolution to
register a candidate of a political party is revoked (subsection 32 (5)), the
votes cast for him or her in a foreign state shall be retained by that
political party. The votes of a candidate who dies after the start of advance
polls shall also be retained by the political party. If a resolution to
register an independent candidate is revoked or if he or she dies, the votes
cast for him or her shall not be taken into account in the verification of
election results.
(10) The National
Electoral Committee shall prepare a record concerning the election results
which shall be signed by the Chairman of the Committee. The date and time of
preparation of the record shall be indicated therein.
(11) Election results
shall be verified in the National Electoral Committee in public.
Chapter 10
Specifications for Extraordinary Riigikogu
Elections
§ 63. Specifications for extraordinary Riigikogu
elections
(1) Extraordinary
Riigikogu elections shall be held in accordance with this Act, taking into
account the specifications provided for in this Chapter.
(2) The National
Electoral Committee shall establish the following terms for acts concerning
extraordinary elections to the Riigikogu:
1) submission of the
number of Estonian citizens with the right to vote (subsection 7 (3));
2) amendment of the
division of polling divisions (subsections 8 (3) and (4));
3) formation of division
committees (§ 18);
4) sending of polling
cards (§ 21);
5) submission of the
list of political parties (subsection 26 (2));
6) nomination of candidates
(§ 30);
7) registration of
candidates (§ 32);
8) sending of polling
cards to voters temporarily residing in a foreign state (subsection 49 (5));
9) submission of
applications to representations to vote by post (§ 50);
10) receipt of ballot
papers sent by post (subsection 52 (2));
11) the time of voting
at a representation (subsection 54 (2)).
(3) In the event of
extraordinary Riigikogu elections, a total of at least ten days shall be
provided for the nomination and registration of candidates.
(4) In the event of
extraordinary elections, voters shall be entered in the list of the polling
division in the territory of which their residence, as entered in the
population register, is located on the date elections are called. If the
address details of the residence of a voter are entered in the population
register to the accuracy of the rural municipality or city, or in Tallinn to
the accuracy of the city district, the voter shall be entered in the polling
list of a polling division determined pursuant to clause 8 (2) 5) of this Act.
Chapter 11
Election Expenditure
§ 64. Expenditure relating to organisation of
elections
(1) Expenses incurred in
the preparation and organisation of Riigikogu elections shall be covered from
the state budget.
(2) The National Electoral
Committee shall prepare a draft budget for election expenditure.
(3) The National
Electoral Committee shall decide on the distribution of budget expenditure on
the basis of the size of the allocations from the state budget.
(4) Expenses relating to
the registration of voters (Chapter 5) shall be covered from the state budget
out of separate funds allocated to the budget of the Ministry of Internal
Affairs.
§ 65. Report on financing of election campaign
of political party or independent candidate
(1) A political party or
an independent candidate shall submit a report on the expenditure relating to
its election campaign and the sources of the funds used (hereinafter report) to
the National Electoral Committee within one month after election day. The National
Electoral Committee shall disclose such reports.
(2) If a person who
stands as a candidate in the list of a political party incurs expenditure for
the election campaign separately from the campaign expenditure of the political
party, the report shall also contain information on these expenses. The
provisions concerning the reports of political parties apply to the specified
expenditure.
(3) A report shall be
prepared in conformity with the standard format established by a regulation of
the National Electoral Committee.
(4) A report shall
consist of a part which sets out the sources of funds and a part relating to
the expenditure.
§ 66. Funds used for election campaign
(1) A political party or
an independent candidate shall set out the following in a report:
1) the date of receipt
of the funds;
2) the type of funds;
3) the value of the
funds in kroons;
4) the name and personal
identification code or registry code of the person who allocated the funds.
(2) The following are
the types of funds received by a political party:
1) the membership fees
and joining fees collected by the political party;
2) donations (monetary
donations, non-monetary gifts and activity support);
3) estate;
4) allocations from the
state budget;
5) income earned on the
funds of the political party deposited in Estonian or foreign credit
institutions;
6) proceeds from the
economic activities permitted for the political party;
7) income earned on the
assets of the political party;
8) loans.
(3) The following are
the types of funds received by an independent candidate:
1) donations (monetary
donations, non-monetary donations and activity support);
2) estate;
3) loans;
4) personal funds.
(4) Anonymous donations
are prohibited.
§ 67. Expenditure relating to election campaign
(1) A political party or
an independent candidate shall set out the following in a report:
1) the date on which the
expenditure is incurred;
2) the name and personal
identification code or registry code of the beneficiary;
3) the number of the
invoice which is the basis of the payment;
4) the type of
expenditure;
5) the size of the
payment in kroons.
(2) The types of
expenditure are:
1) advertising expenses
(expenses for publications, television advertising, radio advertising and
advertising in newspapers and magazines shall be set out separately);
2) public relations
expenses;
3) publication expenses;
4) transportation
expenses;
5) rent expenses;
6) expenses for the
organisation of public events;
7) communication
expenses;
8) postal expenses;
9) other expenses.
(3) An expenditure
report shall also set out information on outstanding contractual payments and
unpaid invoices. A political party or an independent candidate shall submit an
additional report on outstanding contractual payments and unpaid invoices.
Chapter 12
Complaints
For the purposes of this
Act, a complaint is a request for the review of a resolution of an electoral
committee and for the declaration of the resolution as invalid or for the
declaration of an act of an electoral committee as unlawful, which is filed
with a county electoral committee or the National Electoral Committee and is
prepared according to the requirements of this Act.
§ 69. Requirements for complaint
(1) A complaint shall be
prepared in writing and shall set out the following:
1) the name of the body
with which the complaint is filed;
2) the name, postal
address and telecommunications numbers of the complainant;
3) information on the
resolution or a description of the act against which the complaint is filed;
4) a clearly expressed
request;
5) the reasons for the
complaint;
6) the date.
(2) A complaint shall be
signed by the complainant. A complaint filed by a political party shall be
signed by an authorised representative of the political party.
(3) If a complaint is
not in conformity with the requirements prescribed in subsections (1) and (2)
of this section or the complaint is filed in violation of the procedure
prescribed in §§ 70 and 71 of this Act, the body with which the complaint is
filed may refuse to review the complaint and may return it to the complainant.
§ 70. Procedure for filing complaint against act
of division committee and for review of complaint
(1) If an individual, a
candidate or a political party (hereinafter interested person) finds that an
act of a division committee violates his or her rights, the person may file a
complaint with the county electoral committee.
(2) The complaint shall
be filed with the county electoral committee within three days as of the act
prescribed in subsection (1) of this section being performed.
(3) The county electoral
committee shall review the complaint and adopt a resolution within three
working days as of receipt of the complaint. The county electoral committee
shall promptly communicate the resolution to the complainant.
(4) The complaint shall
be reviewed in public. The county electoral committee shall inform the
complainant of the date and place of review of the complaint.
(5) The county electoral
committee shall adopt one of the following resolutions:
1) to dismiss the
complaint;
2) to satisfy the
complaint;
3) to satisfy the
complaint partially.
(6) If a county
electoral committee satisfies the complaint, the committee may decide:
1) to suspend the
activities of a member of a division committee who has violated the law;
2) to declare an act of
a division committee unlawful and to issue a precept to the division committee
for elimination of the violation;
3) to make a proposal to
the National Electoral Committee to declare the voting results in the polling
division invalid and to hold a repeat vote in the polling division if the
violation significantly affected or could have significantly affected the
voting results.
§ 71. Procedure for filing complaint against
resolution or act of county electoral committee and for review of complaint
(1) If an interested
person finds that a resolution or act of a county electoral committee violates
his or her rights, the person may file a complaint with the National Electoral
Committee. A person whose complaint against an act of a division committee is
dismissed by a county electoral committee may file a complaint against the act
of the division committee with the National Electoral Committee.
(2) The complaint shall
be filed with the county electoral committee which adopted the resolution or
performed the act against which the complaint is filed or which reviewed the
complaint filed against an act within three days as of the resolution or act prescribed
in subsection (1) of this section being adopted or performed. The county
electoral committee shall forward the complaint together with its written
explanation promptly to the National Electoral Committee.
(3) The National
Electoral Committee shall review the complaint and adopt a resolution within
three working days as of receipt of the complaint. The National Electoral
Committee shall promptly communicate the resolution to the complainant.
(4) The complaint shall
be reviewed in public. The National Electoral Committee shall inform the
complainant of the date and place of review of the complaint.
(5) The National
Electoral Committee shall adopt one of the following resolutions:
1) to dismiss the
complaint;
2) to satisfy the
complaint;
3) to satisfy the
complaint partially.
(6) If the National
Electoral Committee satisfies the complaint, the Committee may decide:
1) to suspend the
activities of a member of a division committee or a county electoral committee
who has violated the law;
2) to repeal a
resolution of a county electoral committee or to declare an act of a division
committee or a county electoral committee unlawful and to issue a precept to
the division committee or county electoral committee for elimination of the
violation;
3) to declare the voting
results in the polling division, the electoral district, the county, the city
of Tallinn or Tartu or the state invalid and to hold a repeat vote if the
violation significantly affected or could have significantly affected the
voting results.
§ 72. Filing of complaints against resolutions
or acts of National Electoral Committee
(1) If an interested
person finds that an act of a division committee, a resolution or act of a
county electoral committee or a resolution or act of the National Electoral
Committee violates his or her rights, the person may file an appeal with the
Supreme Court pursuant to the procedure prescribed in the Constitutional Review
Court Procedure Act (RT I 2002, 29, 174).
(2) An appeal against a
resolution or act of an electoral committee may be filed with the Supreme Court
after adjudication of the matter in the National Electoral Committee. The
appeal shall be filed with the Supreme Court through the National Electoral
Committee within three days as of the resolution or act of the National
Electoral Committee being announced or performed.
§ 73. Invalidation of voting results
(1) If the National
Electoral Committee or the Supreme Court has declared the voting results in a
polling division, an electoral district, a county, the city of Tallinn or Tartu
or the state invalid, the National Electoral Committee shall determine a new
date for the election and a repeat vote shall be held in the corresponding
polling division, electoral district or county or in the city of Tallinn or
Tartu or in the whole state. The results of Riigikogu elections shall be
verified after the results of the repeat vote become clear.
(2) The provisions of §§
40-45 and 47 and Chapter 8 of this Act do not apply to a repeat vote.
Chapter 13
Final Provisions
§ 74. Registration of members of Riigikogu and
declaration of election results
(1) The National
Electoral Committee shall, by a resolution, register the elected members of the
Riigikogu after election day if the term for filing complaints and appeals with
the National Electoral Committee and the Supreme Court has expired or if final
resolutions have been adopted in respect of filed complaints and appeals.
(2) In the case
prescribed in § 73 of this Act, the National Electoral Committee shall register
the elected members of the Riigikogu after the repeat vote, taking into
consideration the provisions of subsection (1) of this section.
(3) The election results
are deemed to be declared on the date following publication of the resolution
of the National Electoral Committee set out in subsection (1) or (2) of this
section in the Riigi Teataja.
§ 75. Registration of alternate members of
Riigikogu
(1) The National
Electoral Committee shall register alternate members of the Riigikogu by a
resolution. The National Electoral Committee shall forward the resolution to
the Board of the Riigikogu.
(2) Alternate members
shall be registered to the political parties whose candidates have collectively
received at least 5 per cent of the valid votes nationally.
(3) Candidates shall be
registered, by each electoral district, to political parties as alternate
members for candidates who were elected in electoral districts and shall be
ranked according to the number of votes received. If candidates receive an
equal number of votes from the voters, the candidate who was positioned further
towards the top of the list of candidates of the political party in the
electoral district shall be positioned ahead. Unelected candidates for whom the
number of votes cast amounts to at least 10 per cent of the simple quota of the
electoral district shall be registered as alternate members.
(4) Unelected candidates
for whom the number of votes cast amounts to at least 5 per cent of the simple
quota of the electoral district shall be registered as alternate members for
candidates who were elected on the basis of compensation mandates in the order
specified in the national list of the political party, and thereafter the rest
of the unelected candidates of the same political party shall be registered in
the order of the percentage of votes calculated on the basis of the simple
quota of the electoral district. If the percentage of votes of candidates is
equal, the candidate who was positioned further towards the top of the national
list of the political party shall be positioned ahead.
§ 76. Registration of additional mandates
(1) The table of
comparative figures of political parties which is approved by a resolution of
the National Electoral Committee shall be the basis for the distribution of
additional mandates. The National Electoral Committee shall forward the
resolution to the Board of the Riigikogu.
(2) The table of
comparative figures sets out the comparative figures obtained for political
parties (subsection 62 (5)) in size order, starting from the comparative figure
which was the first not to be taken into account upon distribution of
compensation mandates.
(3) If at least two
comparative figures are equal, the comparative figure of the political party
which received more votes from voters shall receive a higher ranking. If the
number of votes of political parties is equal, the political party whose
candidates were registered earlier shall receive a higher ranking.
Security shall be
returned to an independent candidate or a political party if the candidate is
elected or receives votes to the extent of at least one-half of the simple
quota in the electoral district or if the candidates of the political party
receive at least 5 per cent of the votes nationally. The National Electoral
Committee shall transfer unreturned security into the public revenues.
§ 78. Implementation of electronic voting
Electronic voting shall
not be implemented before 2005.
§ 79. Amendment of Riigikogu Internal Rules Act
The Riigikogu Internal Rules
Act (RT 1992, 46, 582; RT I 1999, 2, 44; 16, 271; 2000, 25, 145; 2002, 29, 174;
36, 220) is amended as follows:
1) section 11 is amended
and worded as follows:
"§ 11. The
alternate member of a member of the Riigikogu who is elected in an electoral district
is the first candidate of the same political party to be registered as an
alternate member who stood as a candidate in the same electoral district. The
alternate member of a member of the Riigikogu who is elected on the basis of a
compensation mandate is the first candidate of the same political party to be
registered as an alternate member who stood as a candidate in the national
list.
If the political party
has no more candidates who are registered as alternate members in the electoral
district, the first candidate of the same political party to be first
registered as an alternate member who stood as a candidate in the national list
shall be the alternate member.
If a member of the
Riigikogu to be substituted stood as a candidate outside the lists or if there
are no more registered alternate members in the same list, the alternate member
designated on the basis of an additional mandate which is distributed between
the national lists and registered with the National Electoral Committee shall
become a member of the Riigikogu.
The authority of the
person who last assumes membership of the Riigikogu as an alternate member from
among the candidates of the same political party in the same electoral district
or in the national list terminates due to restoration of the authority of the
member of the Riigikogu either:
1) on the day on which
the President of the Riigikogu ceases to perform the duties of the President of
the Republic, or
2) on the day on which
the member of the Riigikogu is released from the duties of a member of the
Government of the Republic.";
2) Subsection 12 (1) is
amended and worded as follows:
"(1) "The
assumption of membership of the Riigikogu by an alternate member or the
termination of his or her authority, on the basis of § 11 of this Act and the
list of alternate members of the Riigikogu registered by a resolution of the
National Electoral Committee, shall be formulated by a resolution of the Board
of the Riigikogu or, in the case provided for in subsection 4 (2) of this Act,
by a resolution of the National Electoral Committee."
§ 80. Amendment of Political Parties Act
The Political Parties
Act (RT I 1994, 40, 654; 1996, 37, 739; 42, 811; 1998, 59, 941; 1999, 27, 393;
2002, 21, 117; 29, 174; 42, 264) is amended as follows:
1) subsection 5 (2) is
amended and worded as follows:
"(2) The Non-profit
Associations Act applies to admittance to and resignation and exclusion from a
political party, unless otherwise provided by this Act.";
2) subsection (21)
is added to § 5 worded as follows:
"(21) A
member of a political party resigns from the political party on the basis of a
written notice. Resignation enters into force after delivery of the notice to
the leadership of the political party.";
3) in clause 8 2), the
words "dates of birth" are substituted by the words "personal
identification codes";
4) section 81
is amended and worded as follows:
"§ 81.
List of members of political party
(1) The leadership of a
political party shall maintain a list of members of the political party with
the given name, surname and personal identification code of each member and the
time of his or her admittance, resignation or exclusion. Other information may
also be entered on the list if it is not in conflict with law.
(2) The leadership of a
political party shall submit the list of members of the political party, with
the exception of members who have resigned or been excluded, as at 1 January to
the registration department of the court of the location of the political party
by 1 February each year. In order to ensure implementation of the Riigikogu
Election Act, the leadership of a political party shall submit the list of
members of the political party as at the last day for the nomination of
candidates for election to the Riigikogu for registration on the day following
that day.
(3) The Minister of
Justice shall establish the requirements for the electronic submission of the
list specified in subsection (2) of this section.
(4) The leadership of a
political party may submit or, at the request of a person who has resigned or
been excluded from the political party, shall submit a corresponding notice to
the registration department of the court. If the person's membership of the
political party is set out in the list of members of the party published on a
webpage, the registration department of the court shall make a notation there
concerning his or her resignation or exclusion on the basis of the notice.
(5) If the leadership of
a political party has not submitted a notice specified in subsection (4) of
this section, a person who has resigned or been excluded from the political
party may submit a notice himself or herself in order for a notation to be
made. The notice shall be notarially authenticated. A notary shall send a
notarially authenticated copy of the notice to the leadership of the political
party.";
5) section 12 is amended
and worded as follows:
"§ 12. Ensurance of
legality of activities of political party, and merger, division and termination
thereof
(1) The legality of the activities
of political parties shall be ensured and the merger, division and termination
of political parties shall be effected on the basis of the Non-profit
Associations Act. Political parties participating in merger or division shall,
in addition to the information prescribed in the Non-profit Associations Act,
also submit the information prescribed in § 8 of this Act. The list of members
of the political party shall reflect the situation after the merger or
division.
(2) The registration
department of a court has the right to demand that the leadership of a
political party submit the list specified in subsection 81 (2) of
this Act as at the date designated by the registration department if there is
reason to believe that the actual number of members of the political party has
fallen below 1000.
(3) If the number of
members of a political party falls below 1000 and voluntary dissolution is not
commenced, the registration department of a court, in addition to persons
specified in subsection 40 (1) of the Non-profit Associations Act, may request
the commencement of compulsory dissolution.";
6) subsection (21)
is added to § 124 worded as follows:
"(21) In
order to prepare an annual report, political parties which receive allocations
from the state budget are required to conduct an audit.";
7) subsection 125
(1) is repealed;
8) the second sentence
of subsection 125 (2) is repealed;
9) subsection (3) is
added to § 125 worded as follows:
"(3) The National
Electoral Committee has the right to demand additional documents concerning
expenses incurred and sources of funds used by persons who stand as
candidates."
§ 81. Repeal of previous Riigikogu Election
Act
The Riigikogu Election
Act (RT I 1994, 47, 784; 1998, 105, 1743; 107, 1765; 1999, 1, 1; 18, 298; 2001,
95, 588; 2002, 29, 174) is repealed.
§ 82. Amendment of Accounting Act
Subsection 2 (11) of the
Accounting Act (RT I 1994, 48, 790; 1995, 26–28, 355; 92, 1604; 1996, 40, 773;
42, 811; 49, 953; 1998, 59, 941; 1999, 55, 584; 101, 903; 2001, 87, 527; 2002,
23, 131) is amended and worded as follows:
"(11) Non-profit
associations are not required to comply with the requirements provided for in
clauses 22 (2) 3) and 4) and subsections 24 (1) and (2) of this Act unless
otherwise provided by law."
§ 83. Amendment of Population Register Act
Subsection (12) is added
to § 42 of the Population Register Act (RT I 2000, 50, 317; 2001, 31, 173;
2002, 41, 254) worded as follows:
"(12) If a notice
of residence is submitted during the time from the first day of advance polling
in Riigikogu or local government council elections or a referendum to the day
of the elections or the referendum by a person with the right to vote regarding
whom no data on residence is entered in the population register, a competent
local government agency shall promptly submit the data on residence to be
entered in the population register. If a person who submits a notice of
residence is not able to annex to the notice of residence a copy of the
document certifying his or her right to use the space or permission from the
owner of the space for the data specified in the notice of residence to be
entered in the population register, the address details of his or her place of
residence shall be entered in the population register at least to the accuracy
of the city or rural municipality and city district or rural municipality
district."
§ 84. Amendment of Local Government Council
Election Act
The Local Government
Council Election Act (RT I 2002, 36, 220) is amended as follows:
1) subsection (3) is
added to § 6 worded as follows:
"(3) The time of
active election campaigning is deemed to be the time from the last day for the
registration of candidates.";
2) subsection 59 (3) is
repealed.
§ 85. Amendment of Referendum Act
The Referendum Act (RT I
2002, 30, 176) is amended as follows:
1) in the title of
Chapter 3 and in § 10, the word "campaigning" [kihutustöö] is
substituted by the word "campaigning" [agitatsioon] in the
appropriate case form;
2) in subsection 14 (3),
the word "campaign" [teha kihutustööd] is substituted by the word
"campaign" [agiteerida].
This Act enters into
force on the tenth day after publication in the Riigi Teataja, except for §§ 75
and 79 which enter into force on
1 RT = Riigi Teataja = State
Gazette
2 Riigikogu = the
parliament of