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Article 36
 

§ 36. Advance polls

(1) Advance polls shall be held pursuant to the procedure provided for in § 35 of this Act.

(2) An elector entered in the polling list who has attained eighteen years of age by the advance poll day has the right to vote at the advance polls.

(3) At least three members of a division committee shall hold the advance polls.

(4) A member of the division committee shall mark the date of voting in the polling list concerning the electors who have voted.

(5) After the close of voting, the division committee shall seal the opening of the ballot box and the door to the polling place. On advance poll days and the following days, after the close of voting the division committee shall place the ballot box into a room which only the members of the division committee can access.

(16.06.99 entered into force 23.06.99 - RT I 1999, 54, 581)

§ 36 1 . Specifications for advance polls held outside polling division of residence

(1) On advance poll days (subsection 34 (2)), an elector can vote outside the polling division of his or her residence.

(2) A county election committee shall designate at least one polling division in every rural municipality and city where electors can vote outside the polling division of their residence. The corresponding decision of the committee shall be published as public information.

(3) An elector who wishes to vote outside the polling division of his or her residence shall present a document provided for in subsection 35 (2) of this Act to a member of the division committee.

(4) A member of the division committee shall issue a ballot, two envelopes and the general list of candidates in the electoral district of the residence of an elector to the elector. The elector shall sign the list of electors voting outside the polling division of their residence against the receipt of a ballot.

(5) An elector shall complete a ballot pursuant to the provisions of subsections 35 (3)-(6) of this Act.

(6) An elector shall place the ballot in one of the envelopes given by a member of the division committee. The elector shall place the envelope in another envelope given by a member of the division committee. The elector himself or herself or a member of the division committee shall write the name, personal identification code and address of the elector on the outer envelope. The elector shall deposit the envelope in the ballot box prescribed for the ballots of electors who vote outside the polling division of their residence.

(7) If an elector who wishes to vote outside the polling division of his or her residence is unable to vote due to his or her state of health or for another good reason in the polling place located in the polling division, he or she may submit a written application to the nearest division committee designated pursuant to the procedure provided for in subsection (2) of this section concerning voting at his or her location. The elector shall sign the list of electors voting outside the polling division of their residence against the receipt of a ballot. Voting shall be held by at least two members of the division committee pursuant to the provisions of subsections 35 (2), (4), (5) and (6) of this Act and subsections (4) and (6) of this section.

(16.06.99 entered into force 23.06.99 - RT I 1999, 54, 581)

§ 36 2 . Calculation of votes cast during advance polls outside polling division of residence in verification of voting results

(1) A division committee shall pack the envelopes with the ballots of electors who voted outside the polling division of their residence by county, and by the cities of Tallinn and Tartu and shall forward such envelopes to the county election committee of their location.

(2) A county election committee shall forward the envelopes with ballots specified in subsection (1) of this section to the corresponding county election committees through the National Election Committee not later than on the second day before election day.

(3) A county election committee shall forward the envelopes with ballots received from other county election committees pursuant to the procedure provided for in subsection (2) of this section to the corresponding division committees not later than on the day preceding election day.

(4) After receipt of the envelopes with ballots pursuant to the procedure provided for in subsection (3) of this section, the division committees shall check that an elector has not voted in the polling division of his or her residence.

(5) If an elector has voted in the polling division of his or her residence, or if an elector has voted in several divisions outside the division of his or her residence, the division committee shall not calculate the ballots completed outside the division of residence in the verification of voting results. If an elector 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.

(6) After the acts provided for in subsections (4) and (5) of this section, the division committee shall open the outer envelopes and deposit the inner envelopes with ballots in the ballot box used at the advance polls.

(16.06.99 entered into force 23.06.99 - RT I 1999, 54, 581)

§ 36 3 . Voting in penal institutions

(1) Voting in a penal institution shall be held on advance poll days on the basis of a written application of the administration of the penal institution. The administration is required to submit the application if at least one person in the penal institution who has the right to participate in voting in local government council elections pursuant to subsections 3 (1) or (2) of this Act has submitted a corresponding application to the administration.

(2) The administration of a penal institution shall submit an application to hold of voting to the nearest division committee designated pursuant to the procedure provided for in subsection 361 (2) of this Act.

(3) Voting shall be held by at least two members of the division committee pursuant to the provisions of subsections 35 (2), (4), (5) and (6) and subsection 361 (6) of this Act.

(16.06.99 entered into force 23.06.99 - RT I 1999, 54, 581)

§ 36 4 . Home voting

(1) If an elector is unable to vote in the polling place due to his or her state of health or for another good reason, he or she may apply to vote at his or her home.

(2) In order to hold home voting, an elector shall submit a written application to the rural municipality or city government, the city district government in Tallinn, or to the division committee of his or her residence by 4 p.m. on election day. The rural municipality or city government, the city district government in Tallinn, or the division committee shall register the application. The rural municipality or city government, or the city district government in Tallinn shall forward the application to the corresponding division committee.

(3) Home voting shall be held by at least two members of the division committee pursuant to the provisions of subsections 35 (2), (4), (5), (6) and (8) of this Act.

(4) An elector who votes at home shall sign the list of electors voting at home against the receipt of a ballot.

(5) A ballot box containing the ballots of electors who voted at home shall be opened on election day after the close of voting. Thereafter, the seal of the division committee shall be affixed to the outside of ballots of electors who voted at home, and the ballots shall be placed among the ballots of electors who voted on election day.

(16.06.99 entered into force 23.06.99 - RT I 1999, 54, 581)