Election observers

1. Voters and persons nominated by entities representing foreign states or international organisations may act as election observers. The mayor, the director of the municipal administration, their deputies, wardens and their deputies, as well as persons whose status is incompatible with the status of an election observer under Article 26(4) may not act as election observers in a municipality whose territory falls within the constituency that falls within the remit of the election observer.

2. Election observers may be nominated by the following entities:

1) political organisations and self-nominated candidates;

2) non-governmental organisations registered in the Republic of Lithuania whose activities are associated with either elections or protection of human rights;

3) international organisations whose activities are associated with either elections or protection of human rights;

4) persons representing foreign countries;

5) the Central Electoral Commission, on the basis of submitted requests.

3. Political organisations, self-nominated candidates and non-governmental organisations shall have the right to nominate for registration no more than two election observers in each polling district. Applications for registration of election observers must be submitted by the last Monday before polling day, unless it is necessary to replace a person who, for objective reasons, is unable to act as an election observer.

4. The following entities shall register and certify election observers:

1) the Central Electoral Commission shall register and certify election observers entitled to observe elections throughout the territory of the Republic of Lithuania, as well as in constituencies, diplomatic missions and consular offices of the Republic of Lithuania, additional polling places abroad under the diplomatic missions or consular offices of the Republic of Lithuania, all the territory of municipalities, special polling places, and polling districts;

2) a constituency electoral committee/municipal electoral committee shall register and certify election observers entitled to observe elections throughout the territory of the relevant constituency/ municipality/declared polling districts of that constituency or municipality.

5. Registration of election observers shall be governed by the procedure laid down by the Central Electoral Commission and shall follow the principle of equal treatment of election observers nominated by all political organisations, candidates and non-governmental organisations.

6. Electoral committees may refuse registration to election observers under the following circumstances: failure by the election observer to meet the requirements of this Code; conflict of activities of the election observer with the Constitution or laws; violation of the Constitution or laws by the election observer; failure of the election observer to comply with the decisions of the Central Electoral Commission. The registration of the election observer may be cancelled by the chair of the electoral committee that has registered the observer or by the chair of a hierarchically supreme electoral committee. The person who has nominated the election observer shall be informed about the refusal to issue the election observer’s certificate or about the cancellation of the registration of the election observer.

7. In polling stations of polling districts, election observers must be provided with adequate conditions enabling them to observe the organisation of voting, the counting of votes and the drawing up of the documents specified in this Code.

8. The rights of election observers:

1) to observe the activities of the relevant electoral committee, including the registration of voters and candidates;

2) to monitor the preparation for the elections and to take part in the vote;

3) to monitor the voting process, including the issue of ballot papers, the voting itself, the counting of votes, and the determination of results;

4) to get acquainted with the documents of the electoral committee under the rules ensuring the protection of personal data;

5) to make photos, video and audio recordings under the rules for the protection of personal data, with the consent of individuals concerned, and without prejudice to the right to a secret ballot;

6) to apply to the relevant electoral committee, its chair, members, or employees for amending the possible violations of this Code; to submit comments in the vote counting record and obtain a copy of the said record.

9. When observing elections, election observers may not influence the work of electoral committees and individual members of the committees, thereby disrupting their activities and elections, and may not engage in campaigning. The entity in charge of nominating the election observer shall be in charge of preparation of an election observer for carrying out the functions of an election observer.