Referendum Act
passed on
(RT1 I 2002, 30, 176),
entered into force
Chapter 1
General Provisions
§ 1. Issues to be submitted to referendum
(1) The Riigikogu2 shall submit any
amendment of Chapters 1 and 15 of the Constitution to a referendum. The
Riigikogu may
submit other draft Acts that amend the Constitution,
and other draft Acts or other national issues to a referendum.
(2) Issues regarding the budget,
taxation, financial obligations of the state, ratification and denunciation of
international
agreements, the declaration or termination of a state of
emergency, or national defence shall not be submitted to a referendum.
(1) A referendum is free, general,
uniform and direct. Voting is secret. Each voter has one vote. The decision of
the people shall
be reached by a majority of those who participate
in the voting.
(2) An Estonian citizen who has
attained eighteen years of age by the date of a referendum may participate in
the referendum.
(3) A person shall not participate in
the voting if he or she:
1) has been
divested of his or her active legal capacity by a court judgment;
2) has been
convicted by a court and is serving a sentence in a custodial institution.
(1) A referendum shall be held not
earlier than three months after the passage of a resolution to this effect by
the Riigikogu.
(2) A date for a referendum shall be
specified by the Riigikogu. The referendum shall be held on a Sunday.
(3) A referendum shall not be initiated
or held during a state of emergency or a state of war or at a time when less
than ninety
days remain until elections to the Riigikogu. A
referendum on a draft Act to amend the Constitution may be scheduled for a time
after the next elections to the Riigikogu. A
referendum on other draft Acts or other national issues shall not be scheduled
for a
time after the next elections to the Riigikogu. A
referendum may be scheduled for the same day as Riigikogu elections or local
government council elections.
(4) Referendums shall not be held on
the same day on issues which are mutually exclusive or for the passage of Acts
which are
in conflict with each other.
§ 4. Obligation to comply with decision of referendum
The decision of a referendum shall be binding
for all state authorities.
Chapter 2
Initiation of Referendum
The right to initiate a referendum is
provided by the Riigikogu Rules of Procedure Act (RT I 1994, 90, 1517; 2001, 1,
1; 94,
581).
§ 6. Resolution to hold referendum
(1) The Riigikogu shall decide on the
holding a referendum pursuant to the procedure provided for in the Riigikogu
Rules of
Procedure Act.
(2) The Riigikogu shall not amend or
repeal a resolution to hold a referendum.
§ 7. Postponement of referendum
(1) A referendum shall be postponed if
a state of emergency or a state of war is declared.
(2) If the Government of the Republic
declares an emergency situation due to a natural disaster, catastrophe or
infectious disease after a resolution to hold a referendum has been passed, the
Riigikogu may postpone the referendum by a resolution.
(3) The Riigikogu shall determine a new
date for the referendum within two weeks after the reasons provided for in
subsections
(1) and (2) of
this Act cease to exist, observing the term prescribed in subsection 3 (1) of
this Act which shall be calculated from the date on which the resolution of the
Riigikogu determining the new referendum date is passed.
(4) In the case prescribed in
subsection (1), the National Electoral Committee shall publish a notice within
seven working days
as of the entry into force of the resolution to
this effect.
§ 8. Cancellation of referendum
(1) A referendum shall not be held if:
1) the Supreme
Court repeals the resolution of the Riigikogu concerning submission of a draft
Act or other national issue to a referendum;
2) the
Riigikogu has not passed a resolution determining a new date for the referendum
within the term prescribed in subsection
7 (3);
3) the time of
the referendum is not in accordance with subsection 3 (3) due to extraordinary
Riigikogu elections being called.
(2) In the case prescribed in clause
(1) 1), the National Electoral Committee shall publish a notice concerning
cancellation of a referendum within seven working days as of the entry into
force of the judgment of the Supreme Court.
(3) In the case prescribed in clause
(1) 2), the National Electoral Committee shall publish a notice within seven
working days as of the expiry of the term prescribed in subsection 7 (3).
(4) In the case prescribed in clause
(1) 3), the National Electoral Committee shall publish a notice within seven
working days as of extraordinary Riigikogu elections being called.
§ 9. Publication of resolutions and notices concerning referendum
(1) Resolutions to hold a referendum,
draft Acts to be submitted to a referendum, resolutions to postpone a
referendum, resolutions which determine a new date for a referendum and notices
issued by the National Electoral Committee concerning the postponement or
cancellation of a referendum shall be published in the Riigi Teataja.
(2) Resolutions to hold a referendum
and draft Acts to be submitted to a referendum shall be published for a second
time between seven days and fourteen days before referendum day.
Chapter
3
Campaigning
§
10. Restriction on campaigning
(1) On the day of a referendum, active
campaigning in favour of or against the issue submitted to a referendum or
relating to participation in or refusal to participate in the referendum is
prohibited.
(2) Campaigning is prohibited in
polling places and in premises through which voters enter polling places.
Chapter 4
Polling Divisions
§ 11. Formation of polling divisions
(1) In order to hold voting, polling
divisions shall be formed within the territory of a local government.
(2) Polling divisions shall be formed
by a regulation of the rural municipality or city government which prescribes:
1) the
numeration of the polling divisions;
2) the
boundaries of the polling divisions;
3) the
location of the polling places;
4) at least
one polling division where voters can vote outside the polling division of
their residence according to subsection 34
(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 Estonian population register
(hereinafter population register) to the accuracy of the rural municipality or
city, or in
(3) Polling divisions are permanent. In
a referendum, voting shall be held in the same polling divisions as Riigikogu
and local government council elections, unless the
rural municipality or city government amends the regulation specified in
subsection (2) and decides otherwise.
(4) A rural municipality or city
government may amend a regulation specified in subsection (2) not later than on
the fiftieth day before the day of the referendum 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) public before
the referendum.
(6) A county electoral committee shall
make the information specified in subsection (2) public during the week before
the startof advance polls.
Chapter 5
Electoral Committees
§ 12. Types of electoral committees
(1) Referendums are organised by the
following electoral committees:
1) the
National Electoral Committee;
2) county
electoral committees;
3) division
committees.
(2) In
§ 13. Term of authority of electoral committee
(1) The term of authority and the procedure
for formation of the National Electoral Committee, county electoral committees
and the electoral committees of the cities of
(2) The authority of a division
committee shall continue until declaration of the results of the referendum or
publication of a notice provided for in § 8 concerning cancellation of the
referendum. If the Riigikogu passes a resolution concerning the holding of
another referendum before the authority of the division committee terminates,
the authority of the committee shall be extended as appropriate.
§ 14. Member of electoral committee
(1) A person who has the right to vote
according to § 2 may be a member of a division committee.
(2) The Riigikogu Election Act applies
to members of division committees.
(3) Members of electoral committees
shall not campaign in favour of or against the issue submitted to a referendum
or relating to participation in or refusal to participate in the referendum.
§ 15. Working procedures of electoral committees
The working procedures of electoral
committees shall comply with the Riigikogu Election Act.
§
16. Assistance to electoral committee
Assistance shall be provided to
electoral committees in compliance with the Riigikogu Election Act.
§ 17. Competence of National Electoral Committee
(1) The function of the National
Electoral Committee is to verify voting results across the whole country,
ensure the uniformity of the conduct of a referendum, 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 decision of a county electoral committee;
2) suspend an act of a county electoral
committee or division committee or the validity of a decision of a county
electoral committee;
3) declare a
decision of a county electoral committee invalid and, if necessary, issue a
precept for a new decision to be made.
(3) The National Electoral Committee
shall issue regulations in the cases prescribed in subsection (4). 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
standard format of polling lists;
2) the
procedure for voting in foreign states;
3) the
procedure for the holding of voting and verification of voting results;
4) the
standard format of ballot papers;
5) the
standard format of the records of voting results;
6) the status
of observer;
7) the
procedure for the use of money allocated for the organisation of a referendum.
(5) The National Electoral Committee
shall make a decision in order to resolve an individual matter within the
competence of the National Electoral Committee. The decision shall be signed by
the Chairman of the Committee. The decision shall enter into force upon
signature thereof.
(6) Regulations, decisions and
instructions of the National Electoral Committee shall be binding on county
electoral committees and division committees.
§
18. 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
make a decision in order to resolve an individual matter within the competence
of the county electoral committee. The decision shall be signed by the chairman
of the committee. The decision shall enter into force upon signature thereof.
(4) Decisions and instructions of
county electoral committees shall be binding on division committees.
§ 19. Formation of division committee
(1) A local government council
(hereinafter council) shall appoint the chairman and up to eight members of the
division committee by a decision not later than on the twentieth day before the
day of the referendum.
(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 political parties entered in the non-profit associations and
foundations register. 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 the day of the referendum. 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 terminates or is suspended.
(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.
§
20. 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 6
Registration of Voters
§ 21. Maintaining of records on voters
(1) Voters shall be registered in the
population register.
(2) The procedure for the 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 the day of the
referendum. 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 the day of the referendum;
6) the
referendum issue or the title of the draft Act and a notation concerning
publication of the draft Act in the Riigi Teataja.
(3) A voter who has not received a
polling card by fifteenth days before the day of the referendum or whose
polling card contains incorrect information may file an application with a
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 21 (3), as at
thirty days before the day of the referendum. Upon preparation of a polling
list, any changes made to the information specified in clauses 21 (3)
1)-5) later than thirty days before the
day of the referendum shall also be taken into account. Any changes made to the
residential address less than thirty days before the day of the referendum
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 the day of the referendum, he or she is to be imprisoned until the
day of the referendum.
(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 the day of the referendum. 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 11 (2) 5).
(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 the day of
the referendum after the close of voting.
(8) Polling lists shall be preserved
permanently in the archives.
§ 24. Accessibility of polling lists
(1) A voter may check the correctness
of information entered in the polling list concerning himself or herself (2)
After the day of the referendum, a voter may, in the event of justified
interest, examine the polling list to the extent necessary and the list may be
used for scientific purposes.
§ 25. Checking correctness of information entered in polling list and
correction of information
(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.
§ 26. 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 for the amendment of register information
which is the basis for making an entry in the population register or
registering 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), 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 as of the receipt of the action.
(6) The administrative court shall
review the action and make a judgment within three working days after receipt
of the action.
(7) The administrative court shall make
one of the following judgments:
1) to deny the
action;
2) to satisfy
the action and issue a precept to the rural municipality or city secretary to
organise the entry of the person 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 7
Voting Procedure
(1) Voting in a polling division shall
be held at a polling place designated by the rural municipality government or
city government. Different polling places may be designated for voting on the
day of the referendum 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 a separate
ballot box for voters voting outside the polling division of their residence
during advance polls.
(3) If a draft Act is submitted to a
referendum, voters may examine the draft act in the polling places.
(4) 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 be positioned
in a manner which enables voting to be secret.
(2) There shall be a table and a
writing instrument in a 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) If a draft Act is submitted to a
referendum, the title of the draft Act, the question "Kas Teie olete
seaduseelnõu vastuvõtmise poolt?" [Are you in favour of the draft Act?] and spaces marked with the possible answers "jah"
[yes] and "ei" [no] shall be entered on the ballot paper. If another
national issue is submitted to a referendum, the wording of the issue and
spaces marked with the possible answers "jah" [yes] and
"ei" [no] shall be entered on the ballot paper.
(2) The format of the ballot paper
shall be established by the National Electoral Committee.
(3) The National Electoral Committee shall
organise the preparation of ballot papers and their delivery to the division
committees.
(4) After receiving the 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 in foreign states and on board ships.
(1) Voting on the day of the referendum
shall open at
(2) Advance polls shall begin on the
sixth day before the day of the referendum and close on the fourth day before
the day of the referendum. Voting on advance polling days shall open at
(3) Home voting shall be held on the
day of the referendum 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 §§ 34–38 and 40 and in Chapter 8.
(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 indicate his or her
answer on the ballot paper in the space marked "jah" [yes] or
"ei" [no].
(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
person may do so at his or her request and in his or her presence.
(6) If the voter spoils the ballot
paper, he or she shall be given a new ballot paper. 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 person 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 § 32.
(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 the persons who
have 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.
§ 34. Specifications for advance polls held outside polling
division of residence
(1) On advance polling days (subsection
31 (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 (§ 36) or only in custodial institutions
(§ 38).
§ 35. 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 and two envelopes 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 32 (3)-(6).
(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 the envelope with the ballot paper 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.
§ 36. 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 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 designated pursuant to the procedure
prescribed in subsection 34 (2). The division committee shall register the
application. The rural municipality or city government shall register the
application and forward it to the appropriate division committee.
(2) Voting shall be organised by at
least two members of the division committee pursuant to the provisions of
subsections 27 (3), 32 (4)-(6) and 35 (1), (2) and (4).
(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 a digital signature.
(3) After identification of the voter,
the text on the ballot paper shall be displayed to the voter on the webpage. If
a draft Act is submitted to a referendum, the voter may examine the draft Act.
(4) The voter shall indicate his or her
answer in the space marked "jah" [yes] or "ei" [no] and
shall confirm the vote.
(5) The voter shall be informed on the
webpage that the vote has been taken into account.
§ 38. 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 designated pursuant to the procedure prescribed in subsection 34 (2).
(3) Voting shall be organised by at
least two members of the division committee pursuant to the provisions of
subsections 27 (3), 32 (4)-(6) and 35 (1), (2) and (4).
(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 § 41.
(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 27 (3) and 32 (1), (2), (4), (5), (6) and (8).
(4) A home voter shall sign the list of
home voters against the receipt of a ballot paper.
§ 40. 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 34 (2).
(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 and two envelopes 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 32 (3)-(6).
(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 the envelope with the ballot paper 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.
(6) Upon the verification of voting results,
votes cast pursuant to the procedure prescribed in this section shall be taken
into account pursuant to the provisions of subsections 41 (1) and (2) and
subsections 48 (2)-(6).
§ 41. Taking votes cast during advance polls outside 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 and by the cities of Tallinn and Tartu
and shall separately pack the envelopes with the ballot papers of voters who
permanently reside in a foreign state but voted in Estonia, and shall forward
the envelopes to the electoral committee of the country of its location.
(2) The county electoral committee
shall forward the envelopes with ballot papers specified in subsection (1) to
the electoral committees of the appropriate counties through the National
Electoral Committee not later than on the second day before the day of the
referendum.
(3) After the close of electronic
voting, the National Electoral Committee shall prepare a list of persons who
voted electronically by polling division and shall forward the list to the
county electoral committees not later than on the second day before the day of
the referendum.
(4) A county electoral committee shall
forward the envelopes received pursuant to the procedure provided for in
subsections
(2) and (3) 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 persons who voted electronically to the appropriate
division committees not later than on the day before the day of the referendum.
(5) If a division committee has received
the envelopes with ballot papers and the list of persons who voted
electronically pursuant to the procedure prescribed in subsection (4), the
committee shall verify whether the voters are entered in the polling list of
the polling division and whether they voted several times. At least three
members of the division committee shall be present during the verification of
ballot papers.
(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). If a person
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 a 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), 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), voting shall be organised by an honorary consul
or a person designated by him or her. The person who organises voting must have
the right to vote in accordance with § 2.
(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.
(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 fiftieth day
before the day of the referendum.
(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
residential 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;
9) the issue
submitted to the referendum or the title of the draft Act submitted to the
referendum and a notation concerning publication of the draft Act in the Riigi
Teataja.
§ 43. 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 § 2;
2) indicate his or her residential
address in the foreign state;
3) indicate
his or her last residence in
residing in a foreign state has not had a residence in
(4) A voter temporarily staying in a
foreign state shall indicate his or her residential address in
(5) Applications shall reach the representation
not later than on the thirtieth day before the day of the referendum.
§ 44. Sending of voting documents to voters
On the thirtieth day before the day of
the referendum, 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) two
envelopes.
(1) A voter shall complete a ballot
paper pursuant to the requirements of this Act. The voter shall place the
completed ballot paper in one of the envelopes sent by the representation. The
voter shall place the envelope with the ballot paper in the other envelope sent
by the representation. The voter shall write his or her name and personal
identification code 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
reach 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 the day of the
referendum.
(3) A representation shall prepare a
list of voters who voted by post and shall forward the list to the National
Electoral Committee. The list shall reach the National Electoral Committee not
later than on the fourth day before the day of the referendum.
(4) Upon voting by post, the expenses
relating to the acts specified in subsection 43 (1) and subsection (1) of this
section shall be borne by the voter.
§
46. 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 31 (2) and pursuant to the procedure
prescribed in § 37.
§ 47. Voting at representation
(1) If a voter does not submit an
application to vote by post within the term provided for in subsection 43 (5)
or does not send a ballot paper to the representation by the due date provided
for in subsection 45 (2), he or she may vote at the representation at a time
determined by the representation.
(2) A representation shall allow voting
on at least two days in the period between fifteen days and ten days before the
day of the referendum.
(3) At a representation, a voter shall
complete a ballot paper pursuant to the requirements of this Act. Thereafter
the voter shall place the completed ballot paper in an envelope. The voter
shall place the envelope with the ballot paper in another envelope.
The voter or the person organising the
voting shall write the name and personal identification code 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 person who votes at a
representation shall sign the list of voters voting at the representation
against the receipt of a ballot paper.
§ 48. Taking ballot papers into account upon verification of
voting results
(1) As the voting results are being
verified, the ballot papers which have been sent to the National Electoral
Committee by a representation and which have arrived not later than on the
fourth day before the day of the referendum shall be taken into account.
(2) If 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 the vote cast electronically by the voter in the verification of the
voting results.
(4) The National Electoral Committee
shall designate a county electoral committee 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 pursuant to subsection (4) not
later than on the second day before the day of the referendum.
(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 the day of the referendum in order to verify
the voting results.
(7) The National Electoral Committee
shall forward the envelopes with the ballot papers of voters temporarily
staying in a foreign state through the county electoral committee to the
division committees where the ballots are to be taken into account when the
voting results are being verified pursuant to subsections 41 (4)-(7) not later
than on the day before the day of the referendum.
§
49. Voting on board ship flying national flag of
(1) If a ship flying the national flag
of the
(2) The master of a ship shall organise
voting on board the ship pursuant to the provisions of this Act not earlier
than on the thirtieth day before the day of the referendum. A voter shall vote
on board a ship pursuant to the provisions of subsections 35
(3) and (4). Upon verification of the
voting results, votes cast on board a ship shall be taken into account pursuant
to the provisions of subsections 48 (1) and (7) and 41 (4)-(7).
Chapter 9
Verification of Voting Results
§ 50. Verification of voting results in division committees
(1) A division committee shall open the
ballot boxes on the day of the referendum 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 and the ballot
papers of persons who voted at the advance polls shall be placed among the
ballot papers of persons who voted on the day of the referendum.
(7) On the basis of the ballot papers
in the ballot box, the division committee shall verify the number of persons
who participated in the voting, the number of invalid ballot papers and the
number of affirmative and negative responses to the issue submitted to the
referendum, 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) neither or
both of the spaces for answers have been completed on the ballot paper or
3) the answer
on the ballot paper has been changed.
(9) A ballot paper is valid if neither of
the spaces for answers have been completed on the
paper but the will of the voter is clear and unambiguous.
(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 as per the answer given. Invalid
ballot papers, ballot papers which were not issued to voters and spoiled ballot
papers returned by voters shall be packed separately. The
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.
§ 51. Counting of votes cast at advance polls
(1) A division committee shall open the
ballot box used for advance polls to count the votes 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 committees 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
§
52. Verification of voting results of voters permanently
residing in foreign state
(1) The county electoral committee
designated according to subsection 48 (4) 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 affirmative and negative responses to
the issue submitted to the referendum. A ballot paper shall be declared invalid
according to subsections 50 (8) and (9).
(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 51 (6) of this Act.
§ 53. Verification of voting results at county electoral committee
(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 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 affirmative and negative
responses to the issue submitted to the referendum. The ballot papers shall be
counted in order to check the results.
(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 pass a resolution concerning the final voting
results.
(3) A county electoral committee shall
prepare a record concerning voting results in the county and in the cities of
(4) Voting results shall be verified in
a county electoral committee in public.
§
54. 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 people who voted
electronically, the National Electoral Committee shall 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 affirmative and negative responses to the issue
submitted to the referendum.
(2) The National Electoral Committee
shall prepare a record concerning 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.
(3) The results of electronic voting
shall not be disclosed before the close of voting on the day of the referendum.
(4) Voting results shall be verified in
the National Electoral Committee in public.
Chapter 10
Expenditure Relating to Referendum
§ 55. Expenditure relating to holding of referendum
(1) Expenditure for the preparation and
holding of a referendum shall be covered from the state budget.
(2) The National Electoral Committee
shall prepare a draft budget for expenditure relating to a referendum and shall
submit it to the Government of the Republic through the Minister of Finance.
(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 or the size of the amounts allocated
by the Government of the Republic.
(4) Expenditure relating to keeping
records of voters shall be covered from the state budget out of separate funds
allocated to the budget of the Ministry of Internal Affairs or out of amounts
allocated by the Government of the Republic.
Chapter 11
Complaints
For the purposes of this Act, a
complaint is a request for the review of a decision of an electoral committee
and for the declaration of the decision 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.
§ 57. Requirements for complaints
(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 decision 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.
(3) If a complaint is not prepared
according to the requirements of subsections (1) and (2) or the complaint is
filed in violation of the procedure prescribed in §§ 58 and 59, the person with
which the complaint is filed may return the complaint to the complainant
without reviewing it.
§ 58. Procedure for filing complaints against acts of division
committee and for review of complaints
(1) If an 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 a
county electoral committee within three days as of the act prescribed in
subsection (1) being performed.
(3) The county electoral committee
shall review the complaint and make a decision within three working days as of
receipt of the complaint. The county electoral committee shall promptly
communicate the decision 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 make one of the following decisions:
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 the member of a division committee who violated the law;
2) to declare
an act of a division committee unlawful and 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.
§
59. Procedure for filing complaints against decisions or acts
of county electoral committee and for review of complaints
(1) If an interested person finds that
an 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 made the decision 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 decision or act prescribed in
subsection (1) being made 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 shall make a decision within three working days
as of receipt of the complaint. The National Electoral Committee shall promptly
communicate the decision 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 make one of the following decisions:
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 the member of a division committee or county electoral
committee who violated the law;
2) to repeal a
decision of a county electoral committee or declare an act of a division
committee or 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
division, 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.
§ 60. Filing of complaints against decisions or acts of electoral
committees
(1) If an interested person finds that
an act of a division committee, a decision or act of a county electoral
committee or a decision 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.
(2) An appeal against a decision 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 decision or act of the National Electoral Committee
being announced or performed.
§ 61. Invalidation of voting results
(1) If the National Electoral Committee
or the Supreme Court has declared the voting results in a division, a county,
the city of Tallinn or Tartu or the state invalid, the National Electoral
Committee shall determine a new date for the referendum and a repeat vote shall
be held in the appropriate division or county, in the city of Tallinn or Tartu
or in the whole state. The results of the referendum shall be verified after
the results of the repeat vote become clear. Voting results shall not be
declared invalid if the violation does not significantly affect the results of
the referendum.
(2) The provisions of §§ 33–38 and 40
and Chapter 8 do not apply to a repeat vote.
Chapter 12
Announcement of Results of Referendum
§
62. Approval and announcement of results of referendum
(1) The National Electoral Committee
shall approve the results of the referendum by a decision after the day of the
referendum but not before the term for filing complaints and appeals with
county electoral committees, the National Electoral Committee and the Supreme
Court has expired or before final decisions have been made in respect of such
complaints and appeals.
(2) In the case prescribed in § 61, the
National Electoral Committee shall approve the results of the referendum after
the repeat vote, taking into consideration subsection (1) of this section.
(3) The results of the referendum are deemed
to have been declared on the date following publication of the decision of the
National Electoral Committee in the
Riigi Teataja according to subsection (1) or (2).
§
63. Proclamation and entry into force of Act passed by
referendum
(1) The National Electoral Committee
shall submit an Act passed by a referendum and a decision to approve the
results of the referendum to the President of the Republic on the date on which
the results of the referendum are announced. The President of the Republic
shall promptly proclaim the Act.
(2) An Act which amends the
Constitution and which is passed by a referendum shall enter into force on the
date specified therein, but not earlier than three months as of its
proclamation.
(3) Other Acts passed by a referendum
shall enter into force on the tenth day after their publication in the Riigi
Teataja, if no other date is prescribed in the Act.
(4) A decision made on another national
issue submitted to a referendum shall enter into force on the date on which the
results of the referendum are announced.
§ 64. Calling of extraordinary Riigikogu elections
If a draft Act submitted to a
referendum does not receive a majority of votes in favour, the President of the
Republic shall call extraordinary Riigikogu elections pursuant to the procedure
prescribed in the Riigikogu Election Act, unless the authority of the
composition of the Riigikogu which passed the resolution to submit the draft
Act to a referendum has terminated.
Chapter 13
Implementing Provisions
§ 65. Implementation of electronic voting
Electronic voting shall not be
implemented before 2005.
§ 66. Amendment of Criminal Code
Section 131 of the Criminal Code (RT
1992, 20, 287 and 288; RT I 2001, 73, 452; 85, 510; 87, 526) is amended and
worded as follows:
"§ 131. Prevention of exercise of right to vote
Preventing by means of violence, deceit
or threat or in any other manner, an elector or voter from freely exercising
his or her right to vote or to be elected as President of the Republic, a
member of the Riigikogu or a member of a local government council or to vote in
a referendum held pursuant to the legislation of the Republic of Estonia or to
campaign before an election or referendum, and buying the vote of an elector or
voter is punishable by a fine or detention or up to one year
imprisonment."
§ 67. Amendment of Code of Administrative Offences
Section 182 of the Code of
Administrative Offences (RT 1992, 29, 396; RT I 2001, 74, 453; 87, 524 and 526;
97, 605; 102,
677; 2002, 18, 98; 21, 117) is amended
and worded as follows:
"§ 182. Campaigning on President of the Republic election day, Riigikogu election day, local government
council election day or referendum day.
A fine of up to twenty fine units shall be imposed for campaigning at
political meetings, meetings or pickets or for other active campaigning in
order to influence voting results on the day on which elections are held for
President of the Republic, for the Riigikogu or for local government councils
or on the day of a referendum, and for any kind of campaigning in polling
places and in premises through which voters enter polling places."
§
68. The Riigikogu Rules of Procedure Act (RT I 1994, 90, 1517;
2001, 1, 1; 94, 581) is amended as follows:
1) section 52
is amended and worded as follows:
"§ 52. Initiation of referendum in order to pass Act
or decide on other national issue
(1) The following have the right to
initiate a referendum in order to pass an Act or decide on another national
issue:
1) members of
the Riigikogu;
2) factions of
the Riigikogu;
3) committees
of the Riigikogu.
(2) If a referendum is initiated in
order to pass an Act, the initiator shall submit:
1) the draft
Act to be submitted to a referendum together with the draft resolution to hold
the referendum or
2) the draft
resolution to hold the referendum which sets out the draft Act in the
legislative proceeding of the Riigikogu to be submitted to a referendum. In the
latter case, the initiator of the draft Act shall be indicated in the
explanatory memorandum.
(3) If a referendum is initiated in
order to decide on another national issue, the initiator shall submit the draft
resolution to hold the referendum which sets out the issue to be submitted to a
referendum to which the only possible answers are "jah" [yes] or
"ei" [no].
(4) The title of a draft resolution to
hold a referendum shall include the words "rahvahääletuse
korraldamine" [holding of referendum].
(5) The draft resolution shall set out
the date of the referendum.";
2) the Act is
amended by adding Chapter 121 worded as follows:
"Chapter 121
Resolution to Hold
Referendum in order to Pass Act or Decide on Other National Issue § 1241. Resolution to hold referendum in order to pass
Act
(1) If an initiator submits a draft Act
which the initiator wishes to submit to a referendum, proceedings regarding the
draft Act
shall be conducted together with the draft resolution
to hold the referendum pursuant to the provisions of Chapters 9 and 14 of this
Act. The plenary assembly of the Riigikogu shall deliberate the draft Act and
the draft resolution as one item on the agenda. If the draft Act is rejected at
the first reading, the draft resolution is also deemed to have been rejected
from the proceedings. Members of the Riigikogu have the right to submit motions
to amend the draft Act and the draft resolution.
(2) If an initiator submits a draft
resolution to hold a referendum pursuant to the procedure provided for in
clause 52 (2) 2) of this Act, the draft resolution shall firstly be deliberated
pursuant to the provisions of Chapter 9 of this Act. During the first
deliberation of the draft, the Riigikogu shall decide by a majority of votes in
favour whether to combine the proceedings regarding the draft resolution with
the proceedings regarding the draft Act indicated therein. If the Riigikogu
decides to combine the proceedings regarding the draft Act and the proceedings
regarding the draft resolution, the joined proceedings shall commence from the
stage of the proceedings regarding the draft Act and shall be conducted
pursuant to the provisions of Chapters 9 and 14 of this Act. The plenary
assembly of the Riigikogu shall deliberate the draft Act and the draft
resolution as one item on the agenda. If the Riigikogu does not decide to
combine the proceedings regarding the draft Act and the draft resolution, the
draft resolution is deemed to have been rejected.
(3) If an initiator withdraws from
proceedings a draft Act together with which the initiator has submitted a draft
resolution to hold a referendum or to which the Riigikogu has bound a draft
resolution to hold a referendum, the draft resolution is also deemed to have
been withdrawn from the proceedings.
(4) The Riigikogu shall decide to hold
a referendum in order to pass an Act by voting on the draft resolution at the
second or third reading of the draft Act after voting on the motions to amend,
unless the second reading of the draft Act is suspended, the draft Act is sent
to a third reading or the third reading of the draft Act is suspended.
(5) A majority of votes in favour is
required to pass a draft resolution as a resolution. In order to submit draft
Acts specified in subsection 104 (2) of the Constitution of the
§ 1242. Submission of other national
issue to referendum
A draft resolution to hold a referendum
to decide on another national issue shall be deliberated pursuant to the
provisions of Chapter 9 of this Act. A majority of votes in favour is required
to pass the resolution."
§ 69. Amendment of Legal Chancellor Act
The Legal Chancellor Act (RT I 1999,
29, 406; 2000, 92, 597; 2001, 43, 240; 58, 353) is amended as follows:
1) section 16
is amended by adding the words "and resolutions to hold a referendum"
after the words "which have entered into force";
2) subsection
(11) is added to § 18 worded as follows:
"(11) If the Legal Chancellor
finds that a draft Act, except a draft Act to amend the Constitution, or other
national issue which is submitted to a referendum is in conflict with the
Constitution or that the Riigikogu has materially violated the established
procedure upon passage of the resolution to hold the referendum, he or she
shall, within fourteen days as of receipt of the resolution of the Riigikogu,
make a proposal to the Supreme Court to repeal the resolution of the Riigikogu
concerning the submission of a draft Act or other national issue to a referendum."
§ 70. Repeal of previous Referendum Act
The Referendum Act (RT I 1994, 41, 659;
1998, 98/99, 1577; 2000, 95, 610) is repealed.
1 RT = Riigi Teataja = State Gazette
2 Riigikogu = the Parliament of