President of the Republic Election Act
Passed on
Contents:
Chapter 1: General Provisions
Chapter 2:Organization
of voting
Chapter 3:Verification
of voting results and election results
Chapter 4: Election of President of the
Republic by Rijkogu
Chapter 5: Election of President of the
Republic by Electoral Body
Chapter 6: Final Provisions
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President of the
Republic Election Act
Chapter 1: General
Provisions
(1)
The President of the Republic shall be elected by the Riigikogu. If the
Riigikogu fails to elect the President of the Republic, an electoral body shall
elect the President.
(2) A member of the Riigikogu or
electoral body shall have one vote in each round of voting.
(3) The President of the Republic shall
be elected by secret ballot.
§ 2.
Candidate for President of the Republic
(1)
An Estonian citizen by birth who has attained forty years of age may be
nominated as a candidate for President of the Republic.
(2) A person who is serving as
President of the Republic for a second consecutive term shall not be nominated
as a candidate for President of the Republic.
A regular election of the
President of the Republic shall be held not earlier than sixty and not later
than ten days before the end of the term of office of the President of the
Republic.
(2) An extraordinary election of the
President of the Republic by the Riigikogu shall be held within fourteen days
after:
1) the date of
premature termination of the powers of the President of the Republic; or
2) the date
the Supreme Court declares the President of the Republic incapable of
performing his or her duties for an extended period; or
3) the date
the President of the Republic fails to be elected by the electoral body.
(3) The election of the President of
the Republic by an electoral body shall be held within one month after the date
the third round of voting is held in the Riigikogu.
The election of the President of the
Republic shall be organised by the National Election Committee (hereinafter
election committee).
Expenditure for organisation of the
election of the President of the Republic shall be covered from the state
budget.
Chapter 2:
Organisation of Voting
§ 6.
Chairing sitting of Riigikogu or electoral body
(1) A sitting of the Riigikogu
or electoral body at which the President of the Republic is elected shall be
chaired by the Chairman or Deputy Chairman of the Riigikogu.
(2) A sitting of the Riigikogu or
electoral body shall not be chaired by a candidate for President of the
Republic or by the Chairman or Deputy Chairman of the Riigikogu if he or she is
temporarily performing the duties of the President of the Republic. If the
Chairman and Deputy Chairmen of the Riigikogu are candidates for President of
the Republic, the sitting of the Riigikogu or electoral body shall be chaired
by the eldest member of the Riigikogu present.
(1)
Before the declaration of voting, the chairman of the election committee shall
introduce the voting procedure and the procedure for verification of voting
results and election results to the members of the Riigikogu or electoral body.
(2) A member of the Riigikogu or
electoral body has the right to pose questions to the chairman of the election
committee concerning the voting procedure and the procedure for verification of
voting results and election results.
(3) The election committee shall
inspect and seal the ballot box.
(4) Voting shall be declared by the
chair of the sitting.
(1)
The names of the candidates shall be entered on the ballot in alphabetical
order.
(2) The standard format of the ballot
shall be established by the election committee.
(1)
The election committee shall give a ballot and an envelope bearing the seal of
the election committee to the members of the Riigikogu or electoral body. The
ballot shall be given on the basis of a list upon presentation of
identification. The member of the Riigikogu or electoral body shall sign
against receipt of the ballot.
(2) The ballot shall be completed in a
voting booth. The member of the Riigikogu or electoral body shall mark the
ballot with a cross in the space beside the name of the candidate in favour of
whom he or she votes. If the name of only one candidate is entered on the
ballot, the member of the Riigikogu or electoral body shall mark the ballot
with a cross in the space if he or she votes in favour of the candidate.
(3) After completing the ballot, the
elector shall place the ballot in the envelope and give it to the election
committee, which shall affix the seal of the election committee to the
envelope. Thereafter, the elector shall deposit the envelope in the ballot box.
(4) If the ballot is spoiled before it
is deposited in the ballot box, the member of the Riigikogu or electoral body
has the right, upon returning the spoiled ballot, to receive a new ballot from
the election committee, with regard to which a notation shall be made on the
list.
(5) The chair of the sitting shall
declare the voting closed one hour after the declaration of voting.
§ 10.
Protests concerning violation of voting procedure
(1) Before the votes are
counted, a member of the Riigikogu or electoral body has the right to submit a
written protest to the election committee concerning a violation of the voting
procedure.
(2) The election committee shall review
the protest after the close of voting, and adopt and communicate a reasoned
decision. If the voting procedure has been materially violated, the election
committee shall hold a repeat vote.
Chapter 3:
Verification of Voting Results and Election Results
§
11. Verification of voting results
(1)
The election committee shall count the votes publicly immediately after the
close of voting and resolution of protests.
(2) The election committee shall:
1) according
to the list of the members of the Riigikogu or electoral body, verify the
number of electors and the number of electors who received a ballot;
2) on the
basis of the number of ballots in the ballot box, verify the number of electors
who participated in the voting;
3) verify the number of invalid
ballots;
4) verify the number of ballots on
which no space is marked with a cross;
5) verify the
number of votes cast for each candidate for President of the Republic.
(3) An invalid ballot is a ballot:
1) with a
cross marked in more than one space;
2) on which or on the envelope of which
the seal of the election committee is missing.
(4) Voting results shall be
communicated by the chairman of the election committee.
§ 12.
Protests regarding violation of procedure for verification of voting results
(1)
Before verification of the election results, a member of the Riigikogu or
electoral body has the right to submit a written protest concerning a violation
of the procedure for verification of voting results.
(2) The election committee shall review
the protest after the votes are counted, and adopt and communicate a reasoned
decision. If the procedure for verification of voting results has been
violated, the election committee shall recount the votes.
§ 13.
Verification of election results
(1) The chair of the sitting shall
declare a recess in order to verify the election results.
(2) The election committee shall adopt
a decision concerning the election results which shall enter into force upon
signature. The decision shall be communicated by the chairman of the election
committee immediately after its entry into force.
Chapter 4: Election
of President of the Republic by Riigikogu
The Chairman of the Riigikogu shall, on
the proposal of the President of the Republic, the Government of the Republic
or at least one-fifth of the membership of the Riigikogu, convene an
extraordinary session or supplementary sitting of the Riigikogu in order to
elect the President of the Republic. Before convening the Riigikogu, the
Chairman of the Riigikogu shall consider the opinion of the election committee.
§ 15.
Nomination, presentation for registration and registration of candidates for
first round of voting
(1)
The right to nominate a candidate rests with not less than one-fifth of the
membership of the Riigikogu.
(2) A member of the Riigikogu may
nominate only one candidate.
(3) Presentation of candidates for
registration shall begin on the fourth day at
(4) In order to register a candidate,
the nominators shall submit an application to the election committee, which
shall contain:
1) the given
name and surname of the candidate;
2) the year,
month and day of birth of the candidate;
3) the names
and signatures of the nominators;
4) the date of
preparation of the application.
(5) The nominators shall append the
following to the application:
1) the dated and signed autographic
consent of the candidate to run as a candidate for President of the Republic
and confirmation that he or she meets the requirements provided by law for a
candidate for President of the Republic;
2) the dated
and signed autographic oath of the candidate or a statement from the
administrative agency which received a prior oath indicating to whom, in what
context and when the candidate took the oath;
3) documents
which certify that the candidate is an Estonian citizen by birth.
(6) The documents required for
registration of the candidate shall be submitted to the election committee by a
nominator of the candidate.
(7) If, upon presentation of a
candidate for registration, some of the required documents are omitted or they
contain errors, the person who accepts documents shall propose to the presenter
of the candidate for registration to submit the required documents or correct
the errors before the end of the registration period. The submitted documents
shall be returned. The presenter of the candidate for registration shall sign
against their receipt. If the documents are resubmitted, they shall be
considered submitted for the first time and shall be registered as of the date
and time of their resubmission.
(8) The election committee shall, on
the day after expiry of the deadline for presentation of candidates for
registration, register the candidates presented according to the requirements.
(9) The candidates shall be registered
in the order of their presentation for registration.
(10) After registration of candidates,
no changes shall be made in the list of candidates to be entered on the ballot,
except upon the death of a candidate or the submission of a document which
establishes that a certain candidate does not meet the requirements set out in
§ 2 of this Act.
(1)
For the first round of voting, the names of the candidates registered for the
round shall be entered on the ballot.
(2) The candidate in favour of whom a
two-thirds majority of the membership of the Riigikogu votes shall be
considered elected.
(3) If no candidate receives the
required majority, a second round of voting shall be held on the next day.
(4) The chair of the sitting shall
announce the starting time of the second round of voting in the election of the
President of the Republic to the members of the Riigikogu immediately after the
announcement of the results of the first round of voting.
§ 17.
Nomination, presentation for registration and registration of candidates for the
second round of voting
(1)
For the second round of voting, a new nomination, presentation for registration
and registration of candidates shall be held pursuant to subsections 15 (1),
(2), (4)–(7), (9) and (10) of this Act. Upon presentation for registration of a
candidate registered for the first round, the documents specified in clauses 15
(5) 2) and 3) of this Act need not be appended to the application.
(2) Presentation of candidates for
registration shall begin four hours and end two hours before the beginning of
the second round of voting.
(3) The election committee shall
register the candidates presented according to the requirements, before the
beginning of the second round of voting.
(1)
For the second round of voting, the names of the candidates registered for the
round shall be entered on the ballot.
(2) The candidate in favour of whom a
two-thirds majority of the membership of the Riigikogu votes shall be
considered elected.
(3) If no candidate receives the
required majority, a third round of voting shall be held on the same day.
(4) The chair of the sitting shall
announce the starting time of the third round of voting in the election of the
President of the Republic to the members of the Riigikogu immediately after
announcement of the results of the second round of voting.
(1) For the third round of voting, the
names of the two candidates who received the greatest number of votes in the
second round shall be entered on the ballot. If at least two candidates receive
an equal number of votes in the second round of voting, the name of the elder
candidate or names of the elder candidates shall be entered on the ballot. If
only one candidate runs as a candidate in the second round of voting and he or
she does not receive the required majority, only his or her name shall be
entered on the ballot.
(2) The candidate in favour of whom a
two-thirds majority of the membership of the Riigikogu votes shall be
considered elected.
(3) If no candidate receives the
required majority, the Chairman of the Riigikogu shall convene an electoral
body for the election of the President of the Republic.
Chapter 5: Election
of President of the Republic by Electoral Body
§
20. Convention of electoral body
The Chairman of the Riigikogu shall
convene an electoral body for the election of the President of the Republic not
later than on the day following the third round of voting in the Riigikogu and
shall announce the time and place of the sitting of the electoral body. Before
convening the electoral body, the Chairman of the Riigikogu shall consider the
opinion of the election committee.
(1)
The electoral body shall be comprised of members of the Riigikogu and
representatives of the local government councils.
(2) The members of the electoral body
shall be free in rendering a decision.
§
22. Election of representatives of local government councils
(1)
On the day following the third round of voting in the Riigikogu, the election
committee shall send each local government council a notice regarding the
number of representatives it has in the electoral body.
(2) Based on the number of citizens
entered in the Estonian National Electoral Register of Citizens in the
administrative territory of a local government unit on 1 January of the
election year of the President of the Republic, the number of local government
council representatives shall be determined as follows:
1) up to 10 000
Estonian citizens with the right to vote: 1 representative;
2) 10 001–50 000 Estonian citizens with
the right to vote: 2 representatives;
3) 50 001–100 000 Estonian citizens
with the right to vote: 4 representatives;
4) more than
100 000 Estonian citizens with the right to vote: 10 representatives.
(3) A local government council
representative must be an Estonian citizen and a member of the local government
council which elects him or her. A local government council representative
shall not be a member of the Riigikogu.
(4) A local government council shall
elect its representative not later than on the seventh day before the date the
President of the Republic is elected by the electoral body.
(5) A resolution of a local government
council concerning the election of a representative or representatives of the
local government council shall be promptly forwarded to the election committee.
§ 23.
Nomination, presentation for registration and registration of candidates for
the first round of voting
(1)
The right to nominate a candidate rests with not less than twenty-one members
of the electoral body.
(2) A member of the electoral body may
nominate only one candidate.
(3) Presentation for registration and
registration of candidates shall be held pursuant to subsections 15 (3)–(10) of
this Act. Upon presentation for registration of a candidate registered for the
first or second round in the Riigikogu, the documents specified in clauses 15
(5) 2) and 3) of this Act need not be appended to the application.
§ 24.
Registration of members of electoral body
(1)
Registration of the members of the electoral body for the sitting of the
electoral body shall begin two hours before the start of the sitting of the
electoral body.
(2) The members of the electoral body
shall be registered upon presentation of identification and proof of
citizenship.
(1)
For the first round of voting, the names of the candidates who participated in
the third round of voting by the Riigikogu and the candidates who are
registered for the first round of voting by the electoral body shall be entered
on the ballot.
(2) The candidate in favour of whom votes a majority of the members of the electoral body
participating in the voting shall be considered elected.
(3) If no candidate receives the
required majority, a second round of voting shall be held on the same day.
(4) The chair of the sitting of the
electoral body shall announce the starting time of the second round of voting
to the members of the electoral body immediately after announcement of the
election results of the first round.
(1)
For the second round of voting, the names of the two candidates who received
the greatest number of votes in the first round shall be entered on the ballot.
If at least two candidates receive an equal number of votes in the first round
of voting, the name of the elder candidate or names of the elder candidates
shall be entered on the ballot. If only one candidate runs as a candidate in
the first round of voting and he or she does not receive the required majority,
only his or her name shall be entered on the ballot.
(2) The candidate in favour of whom votes a majority of the members of the electoral body
participating in the voting shall be considered elected.
(3) If no candidate receives the
required majority, the election of the President of the Republic shall be held
pursuant to clause 3 (2) 3) of this Act.
Chapter 6: Final
Provisions
§ 27.
Assumption of office by President of the Republic
(1)
The new President of the Republic elected in a regular election shall assume
office by swearing the oath of office at the first sitting of the Riigikogu
following the date of expiry of the term of office of the President of the
Republic.
The new President of the Republic
elected in an extraordinary election shall assume office by swearing the oath
of office at the first sitting of the Riigikogu following the date of election
of the President of the Republic.
§ 28.
Amendment of § 42 of Riigikogu Procedure Act
Clause 42 (2) 1) of the Riigikogu
Procedure Act (RT I 1994, 90, 1517; 1995, 11, 115; 20, 295; 74, 1285; 83, 1440
and 1444) is amended and worded as follows:
"1) to elect the President of the Republic,
on the proposal of the President of the Republic, the Government of the
Republic or not less than one-fifth of the membership of the Riigikogu;".
The President of the Republic Election
Act (RT 1992, 31, 413) is repealed.
Riigikogu = the parliament of
Unofficial translation
from Estonian Translations into English are officially sanctioned for
information purposes only. Only the Estonian language text as published in the
"Riigi Teataja" has the force of law.