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European Parliament Election Act

Content

European Parliament Election Act - content
Issuer:Riigikogu
Type:act
In force from:01.01.2018
In force until:31.12.2018
Translation published:04.12.2017

European Parliament Election Act1

Passed 18.12.2002
RT I 2003, 4, 22
Entry into force 23.01.2003

Amended by the following legal instruments (show)

PassedPublishedEntry into force
18.12.2003RT I 2003, 90, 60101.01.2004
21.01.2004RT I 2004, 6, 3214.02.2004
09.03.2004RT I 2004, 14, 9325.03.2004
14.04.2004RT I 2004, 30, 20801.05.2004
22.09.2004RT I 2004, 71, 50129.10.2004
29.09.2004RT I 2004, 71, 50329.10.2004
09.06.2005RT I 2005, 37, 28110.07.2005
07.06.2006RT I 2006, 30, 23114.07.2006
16.11.2006RT I 2006, 55, 40823.12.2006
11.12.2008RT I 2009, 2, 516.01.2009, partially 01.01.2011
22.01.2009RT I 2009, 12, 7014.07.2009
06.05.2009RT I 2009, 27, 16501.01.2010
20.05.2009RT I 2009, 29, 17501.07.2009
26.11.2009RT I 2009, 62, 40501.01.2010
10.02.2010RT I 2010, 10, 4215.03.2010, partially 01.01.2011
22.04.2010RT I 2010, 22, 10801.01.2011 enters into force on the date which has been determined in the Decision of the Council of the European Union regarding the abrogation of the derogation established in respect of the Republic of Estonia on the basis provided for in Article 140 (2) of the Treaty on the Functioning of the European Union, Council Decision 2010/416/EU of 13.07.2010 (OJ L 196, 28.07.2010, pp. 24-26).
19.05.2010RT I 2010, 29, 15001.01.2011
25.11.2010RT I, 10.12.2010, 101.04.2011
17.02.2011RT I, 21.03.2011, 101.01.2012
13.06.2012RT I, 10.07.2012, 301.04.2013
17.10.2012RT I, 01.11.2012, 111.11.2012
18.12.2013RT I, 10.01.2014, 120.01.2014, partially 01.01.2015
19.06.2014RT I, 11.07.2014, 121.07.2014
19.06.2014RT I, 12.07.2014, 101.01.2015, partially on the date following its publication in the Riigi Teataja.
13.04.2016RT I, 06.05.2016, 101.01.2017
14.06.2017RT I, 04.07.2017, 101.01.2018

Chapter 1 GENERAL PROVISIONS  

§ 1.  Scope of application

  This Act regulates the election of Members of the European Parliament in Estonia.

§ 2.  Bases of election system

 (1) In Estonia, six Members of the European Parliament shall be elected.

 (2) Elections to the European Parliament shall be free, general, uniform and direct. Voting shall be secret.

 (3) Each voter shall have one vote.

 (4) Election results shall be determined based on the principle of proportionality.

§ 3.  Time of elections to European Parliament

 (1) Members of the European Parliament shall be elected for a term of five years.

 (2) Elections to the European Parliament shall be held on a date falling within the period determined by the Council of the European Union. The elections shall be held on a Sunday.

 (3) Elections to the European Parliament shall be declared by the President of the Republic by a resolution not later than three months before election day.

§ 4.  Right to vote and stand as candidate

 (1) Estonian citizens who have attained 18 years of age by election day shall have the right to vote.

 (2) A citizen of the European Union who is not an Estonian national (hereinafter citizen of the European Union) shall have the right to vote if:
 1) he or she has attained 18 years of age by election day;
 2) his or her permanent residence is in Estonia, i.e. the address details of his or her residence have been entered in the Estonian population register (hereinafter population register);
 3) he or she has not been deprived of the right to vote in his or her home Member State.

 (3) A person shall not have the right to vote if:
 1) he or she is divested of the active legal capacity with regard to the right to vote;
 2) he or she has been convicted of a crime by a court and is serving sentence in a penal institution.

 (4) Estonian citizens who have attained 21 years of age by election day shall have the right to stand as candidates.

 (5) A citizen of the European Union shall have the right to stand as a candidate if:
 1) he or she has attained at least 21 years of age by election day;
 2) his or her permanent residence is in Estonia, i.e. the address details of his or her residence have been entered in the population register;
 3) he or she has not been deprived of the right to stand as a candidate in his or her home Member State.
[RT I, 10.01.2014, 1 - entry into force 20.01.2014]

 (6) The following persons shall not stand as candidates for the European Parliament:
 1) a person who has been divested of his or her active legal capacity with regard to the right to vote;
 2) a person who has been convicted of a crime by a court and is serving sentence in a penal institution;
 3) a person in active service in the Defence Forces.
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]

 (7) A person may vote or stand as a candidate only in one Member State of the European Union in the same elections to the European Parliament.
[RT I 2006, 30, 231 - entry into force 14.07.2006]

Chapter 2 CAMPAIGNING  

§ 5.  Restriction on election campaigning

 (1) Active election campaigning is prohibited on election day.

 (2) Election campaigning is prohibited in polling places and premises through which voters enter polling places.

 (3) The time of active election campaigning is deemed to be the time as of the last day for the registration of candidates.
[RT I 2005, 37, 281 - entry into force 10.07.2005]

§ 51.  Prohibition of political outdoor advertising

  Advertising of independent candidates, political parties or persons who stand as candidates in the list of a political party, or their logo or other distinctive mark or programme on a building, civil engineering works, inner or outer side of public transport vehicles or taxis, and other political outdoor advertising shall be prohibited during the active campaigning.
[RT I 2005, 37, 281 - entry into force 10.07.2005]

Chapter 3 ELECTORAL DISTRICTS  
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 6.  Electoral district

  Elections to the European Parliament are held in one national electoral district.

§ 7.  Formation of voting districts

  [Repealed - RT I 06.05, 2016, 1 - entry into force 01.01.2017]

Chapter 4 ELECTORAL MANAGEMENT  
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

Division 1 National Electoral Committee  
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 8.  Competence of National Electoral Committee

 (1) The function of the National Electoral Committee is to ensure compliance with the principles provided for in § 2 of this Act, to ascertain the voting results and election results across the whole country, to exercise supervision over the activities of the elections managers, to settle complaints and to perform other functions arising from law.

 (2) For the performance of their functions, the National Electoral Committee has the right:
 1) to issue precept to the elections manager for the protection of the principles provided for in § 2 of this Act or ensuring the subjective rights of a person;
 2) to annul the votes cast in the advance voting partially or in full due to material violation of the law and call on the voters to vote again during advance voting or on election day;
 3) to declare the voting results in a voting district or an electoral district invalid or to declare the electronic voting results invalid in full or partially and to hold a repeat vote if the violation significantly affected or could have significantly affected the voting results;
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]
 4) not to start electronic voting or to terminate electronic voting if the security or reliability of the electronic voting system cannot be insured in such way that electronic voting could be conducted pursuant to the requirements of this Act.

 (3) To resolve an issue within the competence of the National Electoral Committee, the National Electoral Committee shall adopt a resolution which shall be signed by the Chairman of the Committee. A resolution shall enter into force upon signature.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

Division 2 Elections Managers  
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 9.  Elections managers

 (1) The elections to the European Parliament shall be managed by:
 1) the State Electoral Office;
 2) rural municipality and city secretaries;
 3) voting district committees;
 4) vote counting committees.

 (2) The procedure for formation of the State Electoral Office shall be provided for in the Riigikogu Election Act.

 (3) The procedure for appointment to office and substitution of a rural municipality and city secretary shall be provided for in the Local Government Organisation Act.

 (4) The functions of a rural municipality or city vote counting committee during the elections to the European Parliament shall be performed by a rural municipality or city electoral committee formed pursuant to the procedure provided for in the Municipal Council Election Act.

 (5) A person managing elections and a person who provides assistance to him or her shall not simultaneously be an authorised representative of a political party or independent candidate, or a candidate.

 (6) A person managing elections must have the right to vote pursuant to subsections 4 (1)–(3) of this Act and be proficient in Estonian.

 (7) A person managing elections and a person who provides assistance to him or her shall be independent in the performance of his or her duties and he or she shall not campaign for or against political parties or candidates.

 (8) A person managing elections, a rural municipality or city government official or employee, or another person shall be entitled to receive remuneration for the performance of duties related to the organisation of elections.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

§ 10.  Competence of State Electoral Office

 (1) The function of the State Electoral Office is:
 1) to ensure the holding of the elections in accordance with law, to organise electronic voting and ascertain the results of electronic voting;
 2) to exercise supervision over the activities of the elections managers;
 3) to organise the development and management of the technical solutions necessary for the performance of the duties arising from the electoral acts;
 4) to perform other duties arising from this Act.

 (2) For the performance of their functions, the State Electoral Office:
 1) shall give written instructions to the elections managers for ensuring the uniformity of elections;
 2) shall issue oral and written orders to the elections managers, which are mandatory for performance;
 3) shall draw up a draft budget for the preparation and holding of the elections;
 4) shall distribute among the local authorities, upon approval of the National Electoral Committee, the funds allocated for holding of the elections and establish the procedure for using the funds allocated to the rural municipality and city secretaries and voting district committees;
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]
 5) shall ensure the availability of the inventory and services necessary for holding of the elections;
 51) shall establish the procedure for forwarding to the voting district committees and the distribution areas of the election equipment and envelopes with the ballot papers of voters who voted outside their residence;
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]
 52) shall establish the procedure for use and preservation of the election equipment;
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]
 6) shall instruct and train the elections managers;
 7) may remove a person managing elections who has violated the law or an order of the State Electoral Office from the holding of the elections;
 8) if necessary, shall make a proposal to the National Electoral Committee for adopting of the resolutions provided for in clauses 8 (2) 2)–4) of this Act.

 (3) The Head of the State Electoral Office shall sign a written order of the State Electoral Office. A written order shall enter into force upon signature thereof.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 11.  Competence of county head of elections

  [Repealed - RT I, 04.07.2017, 1 - entry into force 01.01.2018]

§ 111.  Competence of rural municipality or city secretaries

 (1) The function of a rural municipality or city secretary is to organise the elections in the rural municipality or city, instruct voting district committees and perform other functions arising from this Act.

 (2) For the performance of his or her functions, a rural municipality or city secretary:
 1) shall issue mandatory instructions to the voting district committees;
 2) shall decide on the costs of a voting district committee based on the amount of the funds allocated by the State Electoral Office;
 3) shall decide on the remuneration of a member of a voting district committee on the proposal of the chairman of a voting district committee;
 4) shall decide on the remuneration of the members of a vote counting committee.

 (3) Clerical support to a rural municipality or city secretary shall be organised by the rural municipality or city government.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

§ 12.  Assistance to elections managers

  Assistance to elections managers shall be provided pursuant to the provisions of § 18 of the Riigikogu Election Act.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 13.  Formation of voting districts

 (1) At least one voting district shall be formed within the territory of each rural municipality and city, and of the city district of Tallinn.

 (2) The rural municipality or city government shall determine the following by a regulation not later than on the fiftieth day before election day:
 1) the number, boundaries and numeration of the voting districts;
 2) the locations of polling places on the advance voting days and on the election day;
 3) at least one voting district where voters can vote outside the voting district of their residence;
 4) a voting district where voters can vote if the information on their residence in the rural municipality or city is entered in the population register to the accuracy of the rural municipality or city, or in Tallinn to the accuracy of the city district.

 (3) Voting districts are permanent. Voting shall be held in the same voting districts for Riigikogu, local government council and European Parliament elections and referendums, unless the rural municipality or city government determines otherwise and amends the regulation specified in subsection (2) of this section. To prepare a regulation specified in subsection (2) of this section, the rural municipality or city government shall enter the information set out in same subsection in the population register.

 (4) A polling place or polling places of a voting district may be situated in different locations on each day of the advance voting.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 14.  Formation of voting district committee

 (1) In order to hold voting in the territory of a voting district, the municipal council (hereinafter council) shall form a voting district committee comprising at least five members.

 (2) The council shall appoint the chairman of a voting district committee and members of a voting district committee by a resolution on the proposal of the rural municipality or city secretary and in consideration of the principle of political balance not later than on the twentieth day before election day.

 (3) The rural municipality or city secretary shall present half of the members of a voting district committee, and the political parties participating in the elections shall present the remaining members.

 (4) Political parties participating in the election may present one member candidate for a voting district committee to the rural municipality or city secretary not later than on the fortieth day before election day.

 (5) The consent of the person is required to appoint him or her a member of a voting district committee.

 (6) If political parties do not present candidates or if the number of candidates presented by them is smaller than the number of places which parties have in the voting district committee, the council shall appoint the remaining members on the proposal of the rural municipality or city secretary.

 (7) If the number of member candidates for a voting district committee presented by political parties exceeds the number of places which political parties have in the voting district committee, all the remaining candidates are appointed alternate members of the voting district committee.

 (8) The council shall appoint, on the proposal of the rural municipality or city secretary and pursuant to the provisions of subsection (7) of this section, at least two alternate members of a voting district committee.

 (9) A voting district committee shall elect a deputy chairman of the voting district committee from among its members.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 15.  Competence of voting district committee

  The function of a voting district committee is to hold voting within the territory of a voting district at a polling place, the residence or location of a voter, in custodial institutions, hospitals and twenty-four hour social welfare institutions, to ascertain voting results in the voting district and perform other functions arising from this Act.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 16.  Working procedures of voting district committee

 (1) Unless a member of a voting district committee is able to perform his or her duties, he or she shall be substituted upon a notice of the chairman of a voting district committee by an alternate member who shall have all the rights and obligations of the member of a voting district committee, except the rights and obligations of the chairman or deputy chairman. With the permission of a rural municipality or city secretary, also another person may participate in the work of a voting district committee in exceptional cases.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

 (2) Clerical support to a voting district committee shall be organised by the rural municipality or city government.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 161.  Election observation

 (1) Everyone has the right to observe the activities and procedures of the National Electoral Committee and the elections managers.

 (2) An observer must introduce himself or herself before the commencement of the observation.

 (3) An observer has the right to write down the numbers of the security means used in the sealing of the election equipment.

 (4) An observer shall neither interfere with a voter's voting nor the work of the National Electoral Committee or the elections manager nor participate in the acts within the competence of an electoral committee or the elections manager.

 (5) An observer shall have no right to examine the list of voters, except in order to verify the accuracy of the information entered in the list of voters regarding him or her.

 (6) If, due to shortage of space, it is impossible to ensure equal conditions to all observers for monitoring the procedure, the observation shall be carried out pursuant to the orders of the National Electoral Committee or the elections manager.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

Chapter 5 REGISTRATION OF VOTERS  

§ 17.  Registration of voters

 (1) Voters shall be registered in the population register.

 (2) The procedure for maintenance of the population register shall be prescribed by law.

 (3) Voters shall be registered on the basis of the information specified in subsection 13 (2) of this Act and entered in the population register, and the following information regarding a person 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.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

 (4) A rural municipality or city secretary may authorise an official or employee of the rural municipality or city government or its division to perform the functions of a rural municipality or city secretary provided for in this Chapter, notifying thereof the chief processor of the population register.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

 (5) A complaint may be filed with an administrative court of the complainant's residence against the acts of a rural municipality and city secretary provided for in this Chapter.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

§ 18.  Notification of citizens of European Union of right to vote in European Parliament elections

 (1) Not later than on the seventieth day before election day, the chief processor of the population register shall organise the preparation of notices and their sending to citizens of the European Union who, pursuant to subsections 4 (2) and (3) of this Act, have the right to participate in voting.

 (2) The following shall be entered in the notice:
 1) given name and surname of voter;
 2) date of birth of voter;
 3) residential address;
 4) information concerning the voter’s right to vote and stand as candidate;
 5) information on procedure for standing as candidate and voting.

§ 19.  Voter's card

 (1) The chief processor of the population register shall organise the preparation of voter’s cards and their sending to voters not later than on the twentieth day before election day. A voter's 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 Tallinn to the accuracy of the city district.

 (2) The following shall be entered in the voter’s card:
 1) given name and surname of voter;
 2) year of birth of voter;
 3) residential address of voter;
 4) name of rural municipality or city and number of voting district where voter is entered in list of voters;
 5) time and place of voting on advance voting days and on election day;
 6) other information concerning voting.
[RT I, 11.07.2014, 1 - entry into force 21.07.2014]

 (21) A voter may order an electronic voter's card. To order an electronic voter's card, a voter shall submit an application to the chief processor of the population register through the Estonian information gateway. For the following elections and referendums, a voter shall be sent an electronic voter's card without the need to re-submit the application.
[RT I, 11.07.2014, 1 - entry into force 21.07.2014]

 (3) A voter who has not received a voter’s card on the fifteenth day before election day or whose voter’s card contains incorrect information may file an application with the rural municipality or city secretary for clarification to be given or errors to be corrected. The rural municipality or city secretary shall promptly review the application together with the person who prepared the voter’s card and shall respond to the application in writing within three working days as of receiving the application.

§ 20.  List of voters

 (1) The chief processor of the population register shall organise the preparation and printing of the lists of voters for each voting district on the basis of the information held in the population register and shall organise the delivery of the lists of voters to the voting district committees not later than by the seventh day before election day. The electronic lists of voters shall be sent to the State Electoral Office not later than by the thirteenth day before election day.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

 (2) The basis for the preparation of the lists of voters shall be the information prescribed in subsection 17 (3) of this Act, as at the thirtieth day before election day. Upon preparation of the list of voters, any amendments made to the information specified in clauses 17 (3) 1)-5) of this Act after the thirtieth day before election day shall also be taken into account. Amendments made to the residential address details after the thirtieth day before election day shall not be taken into account.

 (3) A person shall not be entered in the list of voters if:
 1) pursuant to information held in the punishment register, the person has been convicted of a criminal offence by a court and, as at the thirtieth day before election day, is serving a prison sentence until election day;
 2) according to a notice from the competent administrative authorities of a Member State of the European Union, the person has expressed his or her wish to exercise his or her right to vote in another Member State of the European Union;
 3) the person is a citizen of the European Union and has not submitted an application to be entered in the list of voters or has submitted a request to be removed from the list.

 (4) A voter shall be entered in the list of voters of the voting district in the territory of which his or her residence, as entered in the population register, is located on the thirtieth day before election day. If the information on the residence of a voter is entered in the population register to the accuracy of the rural municipality or city, or in Tallinn to the accuracy of the city district, the voter shall be entered in the list of voters of a voting district determined pursuant to clause 7 (2) 5) of this Act.

 (5) The following information on each voter shall be entered in the list of voters:
 1) given name and surname;
 2) personal identification code;
 3) residential address.

 (6) Voters shall be entered in the list of voters in alphabetical order according to their surname.

 (7) The person who prepares the list of voters shall sign the list of voters not later than on the seventh day before election day and the chairman of the voting district committee shall sign the list of voters on election day after the close of voting. The Head of the State Electoral Office shall sign the list of voters who voted electronically after the close of voting.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

 (8) [Repealed - RT I, 01.11.2012, 1 - entry into force 11.11.2012]

§ 21.  Procedure for entry of citizens of European Union in list of voters

 (1) A citizen of the European Union who, pursuant to subsections 4 (2) and (3) of this Act, has the right to participate in the voting and who wishes to exercise the said right shall submit an application to be entered in the list of voters to the chief processor of the population register not later than on the thirtieth day before election day. The person shall append a copy of the page of his or her identity document containing personal data to the application.

 (2) In the application, the person shall state:
 1) his or her nationality;
 2) the address of his or her residence in Estonia;
 3) the local government or electoral district in his or her home Member State in the electoral register of which his or her name was last entered, if such data are available;
 4) that the person wishes to exercise his or her right to vote in Estonia only;
 5) that he or she has not been deprived of the right to vote in his or her home Member State.

 (3) The chief processor of the population register shall enter a person in the list of voters pursuant to the procedure prescribed in § 20 of this Act and inform the competent administrative authorities of the person’s home Member State thereof and inform the person of being entered or not being entered in the list of voters.

 (4) In the next elections to the European Parliament, a person who has been entered in the list of voters pursuant to the provisions of this section shall be entered in the list of voters without him or her having to submit another application, if the person:
 1) has the right to participate in the voting according to subsections 4 (2) and (3) of this Act;
 2) has had a permanent residence in Estonia, which is entered in the population register, during the entire period of time between the elections.

§ 22.  Restrictions on access to lists of voters

 (1) A voter may check the correctness of information entered in the list of voters concerning him or her.

 (2) After election day, the authorised representatives of political parties and independent candidates and their authorised representatives may, in the event of justified interest, examine lists of voters to the extent necessary with the permission of the State Electoral Office, and the lists may also be used for scientific purposes.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 23.  Checking correctness of information entered in list of voters and correction of errors

 (1) If a voter finds that information entered in the list of voters concerning him or her contains errors, he or she shall submit an application for correction of the errors to the voting district 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 list of voters and shall respond to the applicant in writing within three working days as of the date of receipt thereof and inform the voting district committee of the results of the review.

 (3) The voting district committee shall correct the error in the list of voters 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 voting district committee that the information entered in the list of voters contains errors, the voting district committee may correct the errors. The rural municipality or city secretary shall be promptly informed of the correction of errors.

§ 24.  Making amendments to list of voters

 (1) The list of voters shall be amended only if:
 1) a person who has not been entered in any list of voters 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 the voting shall be deleted from the list.
 3) a person who, according to a notice from the competent administrative authorities of another Member State of the European Union, has been entered in the list of voters or electoral register of that Member State shall be deleted from the list of voters.

 (2) In order to amend the list of voters, a person shall submit an application to be entered in the population register or an application for the amendment of register information which is the basis for the registration of voters to a rural municipality or city secretary. The rural municipality or city secretary shall review the application together with the person who prepared the list of voters 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 the list of voters, the rural municipality or city secretary shall promptly notify the voting district committee thereof.

 (4) A voting district committee shall make amendments to the list of voters on the basis of a notice issued by the rural municipality or city secretary.

 (5) If a rural municipality or city secretary denies an application specified in subsection (2) of this section, the applicant may file an action with an administrative court of his or her residence against the act of the rural municipality or city secretary. A complaint shall be filed with the rural municipality or city secretary who shall forward the complaint to the administrative court of his or her location together with a written explanation within twenty-four hours.

 (6) The administrative court shall review the action and make a judgment within three working days after the date of receipt of the action.

 (7) The administrative court shall make one of the following judgments:
 1) to dismiss the complaint;
 2) to satisfy the complaint and issue a precept to the rural municipality or city secretary to arrange that the person's data be entered in the population register or to amend the register information which is the basis for the registration of voters.

 (8) If the administrative court grants a complaint, the person's data shall be promptly entered in the population register or the information pertaining to him or her shall be amended and the voting district committee shall be promptly notified thereof.

 (9) If a citizen of the European Union is deleted from the list of voters, the chief processor of the population register shall notify thereof the competent administrative authorities of the person’s home Member State.

Chapter 6 NOMINATION AND REGISTRATION OF CANDIDATES  

§ 25.  Political party

 (1) Political parties which are entered in the non-profit associations and foundations register on the last day for the nomination of candidates may participate in European Parliament elections.

 (2) [Repealed – RT I 2010, 29, 150 - entry into force 01.01.2011]

 (3) Political parties shall participate in European Parliament elections under their own name.

 (4) A political party shall, upon nominating candidates, submit a written notice to the State Electoral Office which sets out the names, personal identification codes, addresses and telecommunications numbers of the authorised representatives of the political party. A person entitled to represent a political party according to the Non-profit Associations Act or the articles of association of the political party shall sign the notice.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

 (5) A political party may authorise up to two persons to represent the party.

 (6) [Repealed – RT I 2010, 29, 150 - entry into force 01.01.2011]

§ 26.  Independent candidate

  Any person who is entitled to stand as a candidate may present himself or herself for registration as an independent candidate and perform the acts necessary for registration. A person who has the right to vote pursuant to subsections 4 (1)-(3) of this Act may nominate another person as an independent candidate and perform the acts necessary for his or her registration on the basis of a corresponding authorisation document.

§ 261.  Documents for standing as candidate

  The State Electoral Office shall prepare and publish the sample documents for standing as a candidate and provide an opportunity to submit the documents for standing as a candidate using electronic means.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 27.  Application to stand as candidate

  [RT I, 11.07.2014, 1 - entry into force 21.07.2014]

 (1) In an application to stand as a candidate, a person shall:
 1) express his or her desire to stand as a candidate in the list of a political party or to stand as an independent candidate;
 2) confirm that he or she complies with the requirements for candidates for Member of the European Parliament set out in this Act;
 3) confirm that he or she is not standing as a candidate for election as a Member of the European Parliament in any other Member State;
 4) submit the data provided for in subsections (2)–(4) of this section.

 (2) A citizen of the European Union shall declare in an application to stand as a candidate that he or she has not been deprived of the right to stand as a candidate in his or her home Member State.

 (3) A candidate shall submit in an application to stand as a candidate the following information:
 1) given name and surname;
 2) personal identification code;
 3) membership of a political party;
 4) residential address;
 5) telecommunications numbers;
 6) contact details;
 7) information concerning the education;
 8) place of employment and position.

 (4) A citizen of the European Union shall additionally enter the following data in an application to stand as a candidate:
 1) data on citizenship;
 2) his or her date and place of birth;
 3) last residential address in home Member State;
 4) information on the local government or electoral district in his or her home Member State in the electoral register in which his or her name was last entered.

 (5) The State Electoral Office shall publish the information provided for in clauses (3) 1), 3), 6), 7) and 8) and clause (4) 1) of this section.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

 (6) A candidate shall use only his or her given name and surname as his or her name when standing as a candidate.

 (7) A candidate shall sign an application to stand as a candidate.

 (8) The National Electoral Committee shall promptly give notice of the submission of an application to stand as a candidate by a citizen of the European Union to the competent administrative authority of the home Member State from whom the National Electoral Committee shall receive the information concerning the existence of the person's right to stand as a candidate in his or her home Member State.
[RT I, 11.07.2014, 1 - entry into force 21.07.2014]

§ 28.  List of candidates

 (1) A political party shall prepare a list of candidates.

 (2) A list of candidates may include up to twelve candidates.

 (3) A person can stand as a candidate in the list of candidates of one political party only. A person who is nominated as an independent candidate or who is a member of another political party registered in Estonia shall not stand in a list of candidates.

 (4) A political party may submit only one list of candidates for registration.

 (5) The order of candidates in the list shall be specified by the political party.

 (6) A list of candidates shall be signed by all authorised representatives of the political party.

§ 29.  Nomination of candidates

 (1) The nomination of candidates shall begin on the sixtieth day before election day. A political party may present its candidates after the submission of the notice specified in subsection 25 (4) of this Act.

 (2) The nomination of candidates shall end on the fiftieth day before election day at 6 p.m.
[RT I, 10.01.2014, 1 - entry into force 01.01.2015]

 (3) In order to register candidates, a political party shall submit the following to the State Electoral Office:
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]
 1) an application for the registration of candidates;
 2) a list of candidates;
 3) a copy of the payment order certifying the payment of security;
 4) an application to stand as a candidate of each candidate.
[RT I, 11.07.2014, 1 - entry into force 21.07.2014]

 (4) An independent candidate shall submit the following to the State Electoral Office:
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]
 1) an application for the registration of the candidate;
 2) a copy of the payment order certifying the payment of security;
 3) an application to stand as a candidate.
[RT I, 11.07.2014, 1 - entry into force 21.07.2014]

 (5) Before nominating candidates, a political party or an independent candidate shall deposit an amount, the size of which is equal to five minimum salary rates as established by the Government of the Republic, for each person nominated, in the current account of the Ministry of Finance as the security.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 30.  Acceptance and return of documents

 (1) The State Electoral Office shall maintain records concerning the nomination of candidates.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

 (2) The registration documents of candidates shall be delivered by an authorised representative of the political party. The registration documents of an independent candidate shall be delivered by the independent candidate or his or her authorised representative.

 (3) If all the required documents have not been submitted to the State Electoral Office, the submitted documents contain errors or omissions, the person who accepts the documents shall propose to the person submitting the documents to submit the required documents or data or to correct the errors. All submitted documents shall be returned.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

 (4) If a political party or an independent candidate wishes to make amendments to the registration documents of candidates, the State Electoral Office shall return all the documents submitted and, upon re-submission thereof, the documents shall be deemed to have been submitted for the first time.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

 (5) If a candidate is deleted from the list of nominated candidates on the basis of a personal application, the State Electoral Office shall return an application to stand as a candidate to him or her and inform an authorised representative of the political party or independent candidate thereof. The political party is not required to re-submit the registration documents of candidates.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

 (6) If a political party or an independent candidate submits documents before 6 p.m. on the fiftieth day before election day and it becomes evident that not all the required documents have been submitted, that the documents contain omissions or that the documents submitted contain errors which cannot be corrected immediately, the documents shall be accepted. The person who accepts the documents shall propose to the person submitting the documents to submit the missing documents or data or to correct the errors. In such case, the political party or independent candidate shall perform the required acts not later than before 6 p.m. on the forty-third day before election day.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 31.  Registration of candidates

 (1) The National Electoral Committee shall, after expiry of the term for the nomination of candidates but not later than on the fortieth day before election day, register all persons nominated in accordance with the requirements of this Act in the order of their nomination.

 (2) Each candidate shall be assigned a registration number. Registration numbers shall begin at 101 and shall be assigned to the candidates according to the lists of political parties. Independent candidates shall be assigned registration numbers after the candidates of political parties have been assigned numbers. The sequence of assigning numbers between political parties and independent candidates shall be determined by drawing lots.
[RT I 2010, 10, 42 - entry into force 15.03.2010]

 (3) If, within the term specified in subsection 30 (6) of this Act, the person submitting the documents has failed to submit the missing documents or data or to correct the errors in the documents for standing as a candidate, the National Electoral Committee shall not register:
 1) any of the candidates nominated by a political party if a document specified in clauses 29 (3) 1), 2) or 3) of this Act is missing or it contains material deficiencies;
 2) a candidate who documents or data are missing or whose documents contain material deficiencies;
 3) a candidate who does not comply with the requirements prescribed in subsections 4 (4)–(7) and 28 (3) of this Act.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

 (4) The National Electoral Committee shall adopt a reasoned resolution on failure to register a candidate.

 (5) The National Electoral Committee shall revoke a resolution to register a candidate if:
 1) the candidate declines to stand as a candidate on the basis of a written application which may be submitted by him or her within three days after registration;
 2) the candidate dies;
 3) it is established that the candidate does not comply with the requirements prescribed in subsections 4 (4)–(7) of this Act.

 (6) The National Electoral Committee shall register a person who was not registered previously after the term specified in subsection (1) of this section if the Committee finds that the person complies with the requirements prescribed in subsections 4 (4)–(7) of this Act or if the resolution of the National Electoral Committee not to register the candidate is revoked by a judgment of the Supreme Court.

 (7) A resolution on registration may be revoked and a person who was not registered may be registered not later than by the thirteenth day before election day.
[RT I, 01.11.2012, 1 - entry into force 11.11.2012]

§ 32.  Consolidated list of candidates

 (1) After the registration of candidates, the State Electoral Office shall prepare a consolidated list of candidates.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

 (2) Candidates shall be entered in the consolidated list of candidates by the lists of candidates of political parties in the order of the registration numbers. The name of the political party which submitted the list shall be indicated at the top of the list of candidates. Independent candidates shall be entered in the consolidated list of candidates in the order of the registration numbers after the lists of candidates of political parties.
[RT I 2010, 10, 42 - entry into force 15.03.2010]

 (3) The registration number and name of each candidate shall be set out in the consolidated list of candidates. If several candidates with the same name stand as candidates, their dates of birth shall also be set out in the consolidated list.
[RT I 2010, 10, 42 - entry into force 15.03.2010]

 (4) The State Electoral Office shall inform the rural municipality and city secretaries, foreign missions organising voting in foreign states and masters of ships of all corrections and amendments to consolidated lists of candidates, and they shall make the corresponding corrections or amendments to the consolidated lists of candidates in the electoral districts. The consolidated lists of candidates shall not be amended after the thirteenth day before election day.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

§ 321.  Certification of right to stand as candidate of Estonian citizens when standing as candidates in Member States of European Union

  The State Electoral Office shall forward to the competent administrative authority of the residence within five working days as of the receipt of a relevant notice the information pursuant to Article 6 (1) of Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals (OJ L 329, 30.12.1993, p. 34–38), amended by Directive 2013/1/EC (OJ L 26, 26.01.2013, p. 27–29).
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

Chapter 7 VOTING PROCEDURE  

§ 33.  Polling place

 (1) Voting in a voting district shall be held at a polling place designated by the rural municipality or city government. Different polling places may be designated for voting on election day and on advance voting days.

 (2) A polling place shall have places for the distribution of ballot papers, voting booths and a ballot box. In a voting district where voting outside the voting districts of voters’ residences is held, the polling place shall have, during advance voting, a separate voting booth and ballot box for the voters who vote outside the voting district of their residence. The consolidated list of candidates shall be posted in the polling place.

 (3) Order in a polling place shall be maintained by the voting district committee. Lawful oral orders given by members of the voting district committee are mandatory for all persons in the polling place.

§ 34.  Voting booth

 (1) A voting booth shall enable secret ballot.

 (2) A voting booth shall have a table and a writing instrument. The consolidated list of candidates shall be on the wall of the voting booth.

§ 35.  Ballot box

 (1) Voting district committees shall inspect and seal ballot boxes before voting opens. Ballot boxes sealed before the start of advance voting shall be used for advance voting 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) On advance voting days, voting district committees shall seal the openings of the ballot boxes used for advance voting after the close of voting.

§ 36.  Ballot paper

 (1) The National Electoral Committee shall establish the standard format of ballot papers and electronic votes.

 (2) The State Electoral Office shall organise the preparation and delivery of ballot papers to the voting district committees.

 (3) After the receipt of ballot papers, a voting district committee shall put an impression of the seal of the voting district committee on the ballot papers. The State Electoral Office shall put an impression of the seal on ballot papers used for voting in foreign states and on board ships.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 37.  Time of voting

 (1) Voting on election day shall open at 9 a.m. and close at 8 p.m.

 (2) Advance voting shall be held:
 1) from the tenth day to the seventh day before election day in a voting district designated by the State Electoral Office. Voting shall open at 12 a.m. and close at 8 p.m.;
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]
 2) from the sixth day to the fourth day before election day, in all voting districts. Voting shall open at 12 a.m. and close at 8 p.m. Voting at the location of a voter, in custodial institutions, hospitals and twenty-four hour social welfare institutions shall be organised between 9 a.m. and 8 p.m.;
[RT I, 11.07.2014, 1 - entry into force 21.07.2014]
 3) from the tenth day to the fourth day before election day by electronic means. Voting shall open at 9 a.m. on the tenth day before election day and shall last twenty-four hours a day until the close of voting at 6 p.m. on the fourth day before election day.

 (3) Home voting shall be held on election day in the cases prescribed by this Act.
[RT I, 01.11.2012, 1 - entry into force 11.11.2012]

§ 38.  Voting

 (1) A voter shall vote in the voting district where he or she is entered in the list of voters, except in the cases prescribed in §§ 41–44 and 46 and in Chapter 71 and 8 of this Act.
[RT I, 01.11.2012, 1 - entry into force 11.11.2012]

 (2) In order to receive a ballot paper, a voter shall present an identity document to the voting district committee. The voter shall sign the list of voters against receipt of the ballot paper.

 (3) The voter shall complete the ballot paper in a voting booth.

 (4) The voter shall write the registration number of the candidate for whom he or she wishes to vote in the designated space on the ballot paper.
[RT I 2010, 10, 42 - entry into force 15.03.2010]

 (5) The voter shall complete the ballot paper himself or herself. If a voter, due to physical disability, is unable to complete the ballot paper himself or herself, the ballot paper may be completed, at the request and in the presence of the voter, by another voter, but not by a candidate for Member of the European Parliament.

 (6) The voter shall not take the ballot paper out of the polling place. If the voter spoils the ballot paper, he or she has the right to receive another ballot paper from the voting district committee. The voter shall return the spoilt or unused ballot paper to the voting district committee.

 (7) After completing the ballot paper, the voter shall fold the ballot paper and hand it to a member of the voting district committee who shall put an impression of the seal of the voting district committee on the outside of the folded ballot paper.

 (8) The voter shall deposit the ballot paper in the ballot box himself or herself. If a voter, due to physical disability, is unable to deposit the ballot paper in the ballot box himself or herself, another voter may do so at his or her request in the presence of the voter.

§ 39.  Advance voting

 (1) Advance voting shall be held pursuant to the procedure prescribed in § 38 of this Act.

 (2) A voter entered in the list of voters who has attained 18 years of age as at the day of the advance voting has the right to vote in the advance voting.

 (3) At least three members of a voting district committee shall hold the advance voting.

 (4) A member of the voting district committee shall mark the date of voting in the list of voters concerning voters who have voted.

 (5) The voting district committee shall keep the ballot box and voting documents on advance voting days and the following days such that only members of the voting district committee have access to these.

§ 40.  Specifications for advance voting held outside voting district of residence

 (1) On advance voting days (subsection 37 (2)), voters may vote outside the voting district of their residence in a voting district designated by the State Electoral Office or rural municipality or city government.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

 (2) A voting district committee designated by the rural municipality or city government shall organise voting outside the voting district of residence on the days prescribed in clause 37 (2) 2) of this Act. The rural municipality or city government may designate a voting district committee which, in addition to advance voting, organises voting only at the location of a voter (§ 42) or in custodial institutions, hospitals and twenty-four hour social welfare institutions (§ 44).
[RT I, 11.07.2014, 1 - entry into force 21.07.2014]

 (3) The State Electoral Office shall designate, not later than on the forty-fifth day before election day, at least one voting district located in a county town, where voters can vote outside the voting district of their residence on the days prescribed in clause 37 (2) 1) of this Act.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

§ 41.  Advance voting held outside voting district of residence in polling place

 (1) A voter who wishes to vote in a polling place outside the voting district of his or her residence shall present an identity document to a member of the voting district committee and he or she shall be entered in the list of voters voting outside the voting district of their residence.

 (2) A member of the voting district committee shall issue a ballot paper and two envelopes to the voter. The voter shall sign the list of voters voting outside the voting district of their residence against the receipt of a ballot paper.

 (3) The voter shall complete the ballot paper pursuant to the provisions of subsections 38 (3)–(6) of this Act.

 (4) The voter shall place the ballot paper in one of the envelopes given by the member of the voting district committee. The voter shall place the envelope in the other envelope given to him or her by the member of the voting district committee. The voter or the member of the voting district 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 who vote outside the voting district of their residence.

§ 42.  Advance voting held outside voting district of residence at location of voter

 (1) If a voter who wishes to vote outside the voting district of his or her residence is unable to vote at a polling place located in a voting district due to his or her state of health or for another good reason, he or she may, until 2 p.m. on the last day of advance voting, 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 voting district committee prescribed in subsection 40 (2) of this Act. The voting district committee shall register the application. The rural municipality or city government shall register the application and forward the application to the appropriate voting district committee.
[RT I, 01.11.2012, 1 - entry into force 11.11.2012]

 (2) Voting shall be organised by at least two members of the voting district committee pursuant to the provisions of subsections 38 (4)–(6) and subsections 41 (1), (2) and (4) of this Act.

§ 43.  Electronic voting

  [Repealed - RT I 01.11, 2012, 1 - entry into force 11.11.2012]

§ 44.  Voting in custodial institutions, hospitals and twenty-four hour social welfare institutions

  [RT I, 11.07.2014, 1 - entry into force 21.07.2014]

 (1) Voting in custodial institutions, hospitals and twenty-four hour social welfare institutions shall be held on the days prescribed in clause 37 (2) 2) of this Act.

 (2) The administration of a custodial institution, hospital and twenty-four hour social welfare institution shall submit an application for voting to be held to the voting district committee prescribed in subsection 40 (2) of this Act.

 (3) Voting shall be organised by at least two members of the voting district committee pursuant to the provisions of subsections 38 (4)–(6) and subsections 41 (1), (2) and (4) of this Act.

 (4) Upon ascertaining of the voting results, the votes of voters who voted at advance voting in a custodial institution, hospital and twenty-four hour social welfare institution shall be taken into account pursuant to the provisions of § 47 of this Act.
[RT I, 11.07.2014, 1 - entry into force 21.07.2014]

§ 45.  Home voting

 (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 voting district committee of his or her residence by 2 p.m. on election day and the voting district committee shall register the application. If the application is submitted to the rural municipality or city government, the rural municipality or city government shall register the application and forward it to the corresponding voting district committee.
[RT I, 01.11.2012, 1 - entry into force 11.11.2012]

 (21) A voter may submit an application to vote at home also by phone to the voting district committee of his or her residence from 9 a.m. to 2 p.m. on election day. The voting district committee shall register the application.
[RT I, 01.11.2012, 1 - entry into force 11.11.2012]

 (22) An application to vote at home shall include the following:
 1) name of voter;
 2) personal identification code of voter;
 3) address of voter;
 4) telecommunications numbers of voter;
 5) reason for voting at home.
[RT I, 01.11.2012, 1 - entry into force 11.11.2012]

 (23) If the voting district committee finds that the application is unsubstantiated, the committee shall notify the applicant of the circumstances for dismissal of the application.
[RT I, 01.11.2012, 1 - entry into force 11.11.2012]

 (3) Home voting shall be organised by at least two members of the voting district committee pursuant to the provisions of subsections 38 (1), (2), (4)–(6) and (8) of this Act.

 (4) A home voter shall sign the list of home voters against the receipt of a ballot paper.

§ 46.  Voting in Estonia by voters residing in foreign states

 (1) A voter residing in a foreign state who is 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 of this Act may vote during advance voting in any voting district designated pursuant to the procedure provided for in the first sentence of subsection 40 (2) or in subsection 41 (3) of this Act.
[RT I, 01.11.2012, 1 - entry into force 11.11.2012]

 (2) In order to receive a ballot paper, a voter shall present an identity document to the voting district committee and he or she shall be entered in the list of voters voting outside the voting district of their residence.

 (3) A member of the voting district committee shall issue a ballot paper and two envelopes to the voter. The voter shall sign the list of voters voting outside the voting district of their residence against the receipt of a ballot paper.

 (4) The voter shall complete the ballot paper pursuant to the provisions of subsections 38 (3)-(6) of this Act.

 (5) The voter shall place the ballot paper in one of the envelopes given by the member of the voting district committee. The voter shall place the envelope in the other envelope given to him or her by the member of the voting district committee. The voter or the member of the voting district 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 who vote outside the voting district of their residence.

 (6) Upon the ascertaining of the voting results, votes cast pursuant to the procedure prescribed in subsection (1) of this section shall be taken into account pursuant to the provisions of subsections 47 (1) and (2) and subsections 54 (2)–(6) of this Act.

§ 47.  Taking votes cast during advance voting outside voting district of residence into account

 (1) The envelopes with the ballot papers of voters who voted outside the voting district of their residence shall be forwarded to the voting district committees of the voters' residence not later than on the day preceding election day.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

 (2) A voting district committee shall pack envelopes with the ballot papers of voters by rural municipalities and cities and forward these to a rural municipality or city secretary, who shall forward these to the State Electoral Office pursuant to the procedure established on the basis of clause 10 (2) 51) of this Act.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

 (3) A rural municipality or city secretary shall forward envelopes with the ballot papers of the voters of the secretary's rural municipality or city received pursuant to the procedure established on the basis of clause 10 (2) 51) of this Act to the relevant voting district committees.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

 (4) After receipt of the envelopes with ballot papers pursuant to the procedure prescribed in subsection (3) of this section, the voting district committee shall check that each voter is entered in the list of voters of the voting district and that he or she has not voted more than once. At least three members of a voting district committee must be present when ballot papers are checked.

 (5) If a voter is not entered in the list of voters of the voting district or he or she has voted more than once outside the voting district of his or her residence, the voting district committee shall not take into account any of the ballot papers of the voter.

 (6) If the voter has voted once, a member of the voting district committee shall make a notation in the list of voters concerning voting at the advance voting.

 (7) After performing the acts prescribed in subsections (4)-(6) of this section, the voting district committee shall open the outer envelopes, deposit the inner envelopes with ballot papers in the ballot box used at the advance voting and seal the opening of the ballot box again.
[RT I 2006, 30, 231 - entry into force 14.07.2006]

§ 471.  Taking votes cast using electronic means into account

  [Repealed - RT I 01.11, 2012, 1 - entry into force 11.11.2012]

Chapter 71 ELECTRONIC VOTING  
[RT I, 01.11.2012, 1 - entry into force 11.11.2012]

§ 472.  Organisation of electronic voting

  Electronic voting shall be organised at the time provided for in clause 37 (2) 3) of this Act and pursuant to the procedure provided for in Chapter 71 of the Riigikogu Election Act.
[RT I, 01.11.2012, 1 - entry into force 11.11.2012]

Chapter 8 VOTING IN FOREIGN STATE  

§ 48.  Preparation for voting

 (1) Voting in a foreign state for voters permanently residing in the foreign state and voters temporarily staying there shall be organised by foreign missions of Estonia.

 (2) A consular authority led by an honorary consul 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 consular authority led by the honorary consul shall perform the acts prescribed in this Chapter.
[RT I 2009, 29, 175 - entry into force 01.07.2009]

 (3) Voting shall be organised by the head of a foreign mission or an official designated by him or her. In the case prescribed in subsection (2) of this section, voting shall be held by the honorary consul or a person designated by him or her. The person who holds voting must be entitled to the right to vote pursuant to subsections 4 (1) and (3) of this Act.

 (4) The chief processor of the population register shall organise the forwarding of lists of voters permanently residing in foreign states to the foreign missions. The following information shall be entered in the list of voters:
 1) given name and surname;
 2) personal identification code;
 3) details of residential address, if known.

 (5) Voters permanently residing in a foreign state and voters temporarily staying in a foreign state based on the data in the population register shall be sent electronic voter's cards not later than on the sixtieth day before election day. To receive a voter's card, a voter shall submit an application pursuant to the procedure provided for in subsection 19 (21) of this Act.
[RT I, 11.07.2014, 1 - entry into force 21.07.2014]

 (6) The following shall be entered in the voter's card:
 1) given name and surname of voter;
 2) date of birth of voter;
 3) residential address of voter;
 4) address of foreign mission;
 5) procedure for submitting application to vote by post, for voting by post and for voting at foreign mission;
 6) due date for receipt by foreign mission of applications to vote by post;
 7) due date for receipt by foreign mission of ballot papers sent by post;
 8) time of voting at foreign mission;
 9) time of electronic voting;
 10) other information concerning voting.
[RT I, 11.07.2014, 1 - entry into force 21.07.2014]

§ 49.  Submission of applications to vote

 (1) If a voter wishes to vote by post, he or she shall send a corresponding application to the Estonian foreign mission in the country of his or her habitual residence. If Estonia does not have a foreign mission in the country of habitual residence of a voter, the voter shall send the application to the closest foreign mission of Estonia.

 (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 copies of documents which certify his or her identity and that he or she has the right to vote in accordance with subsection 4 (1) of this Act to the application;
 2) indicate his or her residential address in the foreign state;
 3) indicate his or her last residence in Estonia (the county, the city district in Tallinn, or the city of Tartu). If a voter permanently residing in a foreign state has not had a residence in Estonia, he or she shall indicate the last residence of his or her parents or grandparents in Estonia.

 (4) A voter temporarily staying in a foreign state shall indicate his or her residential address in Estonia in the application in addition to the information prescribed in clauses (2) 1) and 2) of this section.

 (5) Applications shall have been received by the foreign mission not later than on the thirtieth day before election day.
[RT I 2006, 30, 231 - entry into force 14.07.2006]

§ 50.  Sending of election documents to voter

  At the earliest possible opportunity, a foreign mission shall send the following to voters who sent their applications in due time and who comply with the requirements of this Act:
 1) a ballot paper;
 2) the consolidated list of candidates;
 3) two envelopes.

§ 51.  Voting by post

 (1) A voter shall complete a ballot paper pursuant to the provisions of this Act. The voter shall place the completed ballot paper in one of the envelopes sent by the foreign mission. The voter shall place this envelope in the other envelope sent by the foreign mission. 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 Estonia on the outer envelope. Thereafter the voter shall send the ballot paper to the foreign mission.

 (2) Ballot papers sent by post shall have been received by the foreign mission no later than by the day determined by the foreign mission, which shall be determined such that the State Electoral Office will receive the ballot papers not later than on the fourth day before election day.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

 (3) A foreign mission shall prepare a list of voters who voted by post and shall forward the list to the State Electoral Office such that the State Electoral Office will receive the list not later than on the fourth day before election day.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

 (4) Upon voting by post, the expenses relating to the acts specified in subsection 49 (1) of this Act and subsection (1) of this section shall be borne by the voter.

§ 52.  Electronic voting in foreign states

  [Repealed - RT I 01.11, 2012, 1 - entry into force 11.11.2012]

§ 53.  Voting at foreign missions

 (1) If a voter does not submit an application to vote by post within the term provided for in subsection 49 (5) of this Act or does not send a ballot paper to the foreign mission by the due date provided for in subsection 51 (2), he or she may vote at the foreign mission at a time determined by the foreign mission.

 (2) A foreign mission shall allow voting at the mission on at least two days in the period between fifteen days and ten days before the election day.

 (3) At a foreign mission, a voter shall complete a ballot paper pursuant to the provisions of this Act. Thereafter the voter shall place the completed ballot paper in an envelope. The voter shall place the envelope in another envelope. The voter or the person who holds 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 Estonia on the outer envelope.

 (4) A voter voting at a foreign mission shall sign the list of voters voting at the foreign mission against the receipt of a ballot paper.

§ 54.  Taking ballot papers into account upon ascertaining of voting results

 (1) The ballot papers received by a foreign mission shall be taken into account in the ascertaining of the voting results if they are received by the State Electoral Office not later than on the fourth day before election day.

 (2) Having received the envelopes with the ballot papers of voters permanently residing in a foreign state, the State Electoral Office 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 have been 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 with a ballot paper or if he or she has not been entered in the list of voters permanently residing in a foreign state, the State Electoral Office shall not take into account any of the envelopes with ballot papers of the voter. If a voter has voted using electronic means as well as with a ballot paper, the ballot paper of the voter shall be taken into account. If a voter has voted several times with a ballot paper and using electronic means, all envelopes with ballot papers of the voter as well as the vote cast foreign mission shall not be taken into account.

 (4) The voting results of voters permanently residing in a foreign state shall be ascertained by Tallinn City Vote Counting Committee.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

 (5) The State Electoral Office shall forward the ballot papers of voters permanently residing in a foreign state to the vote counting committee specified in subsection (4) of this section not later than on the second day before election day.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

 (6) Envelopes with the ballot papers of voters permanently residing in a foreign state shall be opened on election day in order to ascertain voting results.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

 (7) Not later than on the day before election day, the State Electoral Office shall forward the envelopes with the ballot papers of voters temporarily staying in a foreign state to the corresponding voting district committees where the ballots are to be taken into account when the voting results are being ascertained pursuant to the provisions of subsections 47 (4)–(7) of this Act.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 55.  Voting on board ship flying national flag of Estonia and located in international waters or waters of foreign state

 (1) If a ship flying the national flag of Estonia which has voters on board is located in international waters or waters of a foreign state on advance voting days or election day, the master of the ship may submit an application to the State Electoral Office to hold voting on board the ship.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

 (2) The master of a ship shall organise voting on board the ship pursuant to the provisions of this Act. Voters shall vote on a ship pursuant to the provisions of subsections 38 (3)–(6) and subsection 41 (4) of this Act. Upon ascertaining of the voting results, votes cast on board a ship shall be taken into account pursuant to the provisions of subsections 54 (1) and (7) of this Act.

Chapter 9 ASCERTAINING OF VOTING RESULTS AND ELECTION RESULTS  

§ 56.  Time of ascertaining of voting results

  The counting of votes shall begin on election day after the close of voting in Estonia. Voting results shall not be disclosed before the close of voting in all Member States of the European Union.
[RT I 2004, 30, 208 - entry into force 01.05.2004]

§ 57.  Ascertaining of voting results in voting district committee

 (1) If the counting of votes does not begin immediately after the close of voting, the voting district committee shall seal the ballot box.

 (2) Before the ballot boxes are opened, the voting district 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 voting district committee shall ascertain, on the basis of the list of voters, the number of voters, and, on the basis of the signatures given in receipt of a ballot paper and notations made, the preliminary number of those who participated in the voting, and immediately forward these to the State Electoral Office. Notations concerning voters who voted in the advance voting outside the voting district of their residence, using electronic means or at home made in the list of voters shall be considered. The number of voters shall be entered in a standard format record.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

 (4) When a ballot box is opened, the condition of the impression of the seal on the box shall be inspected. More than one-half of the members of the voting district committee shall be present at the opening.

 (5) The impression of the seal of the voting district committee shall be put on 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 impression of the seal of the voting district committee shall be affixed to the outside of ballot papers of voters who voted outside the voting district of their residence, and these ballot papers shall be placed together with the ballot papers of persons who voted at the advance voting among the ballot papers of persons who voted in the polling place.

 (7) The voting district committee shall verify the number of ballot papers extracted from the ballot boxes, including the number of invalid ballot papers and the number of votes cast for candidates and political parties, and shall enter these numbers in a standard format record.
[RT I 2010, 10, 42 - entry into force 15.03.2010]

 (8) A ballot paper shall be deemed to be invalid if:
 1) it does not bear two impressions of the seal of the voting district committee;
 2) no candidate registration number or more than one candidate registration number has been written on the ballot paper;
[RT I 2010, 10, 42 - entry into force 15.03.2010]
 3) the registration number written on the ballot paper has been corrected;
 4) the registration number written on the ballot paper is illegible.

 (9) If no candidate registration number has been written on a ballot paper but the will of the voter is clear and unambiguous, the ballot paper is deemed to be valid.
[RT I 2010, 10, 42 - entry into force 15.03.2010]

 (10) A standard format record shall be prepared concerning the ascertaining 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 in the record.

 (11) After ascertaining of the voting results, valid ballot papers shall be packed by candidate and invalid ballot papers, ballot papers which were not issued to voters and spoiled ballot papers returned by voters shall be packaged in separate packets. The voting district from which the ballot papers originate and the type and number of ballot papers in the packet shall be noted on each packet. The chairman of the voting district committee shall sign the notation.
[RT I 2010, 10, 42 - entry into force 15.03.2010]

 (12) Ballot papers, lists of voters and records concerning voting results shall be promptly forwarded to a rural municipality or city secretary.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

 (13) Voting results shall be ascertained publicly in a voting district committee. Persons who are present at the counting of votes shall follow the oral orders of the members of the voting district committee. Persons who are present at the counting of votes shall not leave the room where the votes are counted or use means of communication before the close of voting in all Member States of the European Union.

§ 58.  Ascertaining of voting results of voters permanently residing in foreign state

 (1) Tallinn City Vote Counting Committee shall organise the counting of the votes and decide on the validity of a ballot paper.

 (2) The vote counting committee shall begin the counting of the votes of voters permanently residing in a foreign state at the time prescribed in § 56 of this Act. At least three members of the vote counting committee, including the chairman of Tallinn City Vote Counting Committee, shall be present at the opening of the envelopes.

 (3) The inner envelopes which contain the ballot papers of voters permanently residing in a foreign state shall be opened and an impression of the seal shall be put on the outside of the ballot papers.

 (4) On the basis of the ballot papers, the vote counting committee shall verify the number of voters permanently residing in a foreign state who participated in the voting, the number of invalid ballot papers and the number of votes cast for candidates and political parties. Ballot papers shall be declared invalid pursuant to the provisions of subsections 57 (8) and (9) of this Act.

 (5) A standard format record signed by the chairman of Tallinn City Vote Counting Committee shall be prepared with regard to ascertaining the voting results of voters permanently residing in a foreign state. The date and time of preparation of the record shall be indicated therein.

 (6) Voting results of voters permanently residing in a foreign state shall be ascertained publicly, taking into account the restrictions prescribed in subsection 57 (13) of this Act.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

§ 59.  Ascertaining of voting results in rural municipalities and cities

  [RT I, 04.07.2017, 1 - entry into force 01.01.2018]

 (1) The vote counting committee provided for in subsection 9 (4) of this Act shall organise the counting of the votes and decide on the validity of a ballot paper.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

 (2) On the basis of the records received from the voting district committees, the vote counting committee shall verify the number of voters entered in the lists, the number of voters who were given a ballot paper, the number of ballot papers extracted from the ballot boxes, including the number of invalid ballot papers, and the number of votes cast for candidates and political parties, and shall enter these numbers in a standard format record. The result obtained shall be checked by recounting the ballot papers.

 (3) If the numbers obtained by recounting the ballot papers are different from the numbers in the records of a voting district committee, the vote counting committee shall set out the differences and the circumstances which caused such differences in the appendix to the record. Records of the voting district committee shall not be amended. The vote counting committee shall adopt a resolution concerning the final voting results.

 (4) The vote counting committee shall prepare a record concerning the voting results in a rural municipality or city, which shall be signed by the chairman of the rural municipality or city election committee. The date and time of preparation of the record shall be indicated therein.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

 (5) Voting results shall be ascertained publicly.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 591.  Counting of votes cast using electronic means

 (1) The State Electoral Office shall ascertain the results of electronic voting after 8 p.m. on election day.

 (2) At least three persons designated by the Head of the State Electoral Office and at least one-half of the members of the National Electoral Committee shall be present at the counting of votes.

 (3) Prior to the counting of electronic votes, the State Electoral Office:
 1) shall annul the electronic votes, which have been changed by the ballot papers when voting;
 2) shall separate the electronic votes subject to counting from the personal data of the voters.

 (4) To count the electronic votes, the members of the National Electoral Committee and the State Electoral Office shall use the means of access provided for in subsection 483 (3) of the Riigikogu Election Act, which ensure access to the vote-opening key.

 (5) The State Electoral Office shall verify the following with regard to each voting district and voters who have permanently voted in a foreign state:
 1) the number of voters who participated in electronic voting;
 2) the number of invalid electronic votes;
 3) the number of electronic votes annulled on the basis of clause (3) 1) of this section;
 4) the number of electronic votes cast for candidates and political parties.

 (6) An electronic vote which does not contain the registration number of the candidate or which is not in conformity with the standard format established by the National Electoral Committee shall be null and void.

 (7) Counting of votes cast using electronic means shall be public, taking into account the restrictions prescribed in subsection 57 (13) of this Act. Persons who are present at the counting of votes shall follow the oral orders of the persons designated by the Head of the State Electoral Office.

 (8) The State Electoral Office shall enter the voting results in the election information system immediately.

 (9) The Head of the State Electoral Office shall sign the results of electronic voting after the verification of the integrity of the data of the electronic voting system.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 60.  Ascertaining of voting results in National Electoral Committee

 (1) On the basis of the record concerning the voting results of voters in rural municipalities and cities received from all the rural municipality or city secretaries and the voting results of voters permanently residing in a foreign state and on the basis of the voting results of voters who voted using electronic means, the National Electoral Committee shall ascertain the number of voters entered in the lists of voters, the number of voters who were given a ballot paper, the number of voters who participated in voting, the number of invalid ballot papers and the number of votes cast for candidates and political parties.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

 (2) The National Electoral Committee shall prepare a record concerning the voting results which shall be signed by the chairman of the Committee. The date and time of preparation of the record shall be indicated therein.

 (3) The ascertaining of the voting results in the National Electoral Committee shall be public.

§ 61.  Ascertaining of election results

 (1) Mandates shall be distributed using the d'Hondt distribution method with the distribution series of 1, 2, 3, 4 etc. The comparative figure of an independent candidate shall be the total number of votes cast in favour of the candidate. A mandate shall be received by the political party or independent candidate whose comparative figure is higher. If the comparative figures of at least two political parties or independent candidates are equal, the mandate shall be received by the political party or independent candidate who was positioned further toward the bottom in the consolidated list of candidates.

 (2) The candidates shall be re-ranked in the list of the political party according to the number of votes cast for each candidate. If at least two candidates receive an equal number of votes, the candidate who was further towards the top of the list submitted by the political party shall be ranked ahead. In the re-ranked list of the political party, the mandate shall be given to the candidate who is further towards the top of the list.
[RT I 2010, 10, 42 - entry into force 15.03.2010]

 (3) No political party shall receive more mandates than there are candidates in the list of the party.

 (4) If a resolution to register a candidate included in the list of a political party is revoked (subsection 31 (5)), the votes cast for him or her in a foreign state shall be retained by that political party. The votes of a candidate who dies after the start of the advance voting shall also be retained by the political party. If the registration decision of an independent candidate is annulled or an independent candidate dies, votes cast in favour of the candidate shall not be taken into account in the ascertaining of election results.
[RT I 2010, 10, 42 - entry into force 15.03.2010]

 (5) The National Electoral Committee shall prepare a record concerning the election results which shall be signed by the Chairman of the Committee. The date and time of preparation of the record shall be indicated therein.

 (6) Election results shall be ascertained in the National Electoral Committee in public.

Chapter 10 ELECTION EXPENDITURE  

§ 62.  Expenditure for organisation of elections

 (1) Expenses incurred in the preparation and holding of European Parliament elections shall be covered from the state budget.

 (2) [Repealed - RT I, 06.05.2016, 1 - entry into force 01.01.2017]

 (3) [Repealed - RT I, 06.05.2016, 1 - entry into force 01.01.2017]

 (4) Expenditure relating to the registration of voters (Chapter 5) shall be covered from the state budget out of separate funds allocated to the budget of the Ministry of the Interior.

 (5) Expenditure related to the organisation of voting in a foreign state shall be covered from the state budget out of separate funds allocated to the budget of the Ministry of the Interior.
[RT I, 11.07.2014, 1 - entry into force 21.07.2014]

§ 63.  Report on financing of election campaign of political party and independent candidate

  [Repealed - RT I 10.12, 2010, 1 - entry into force 01.04.2011]

§ 64.  Funds used for election campaign

  [Repealed - RT I 10.12, 2010, 1 - entry into force 01.04.2011]

§ 65.  Expenditure for election campaign

  [Repealed - RT I 10.12, 2010, 1 - entry into force 01.04.2011]

Chapter 11 NOTICES AND COMPLAINTS  
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 66.  Notice concerning deficiency in electoral management

 (1) A person who finds that the elections manager has infringed his or her rights or otherwise violated the law, may submit a notice concerning a deficiency in electoral management (hereinafter notice concerning deficiency).

 (2) A notice concerning deficiency shall be submitted immediately, but not later than on the third day as of the violation specified in subsection (1) of this section.

 (3) A notice concerning deficiency shall be submitted to the State Electoral Office, which shall organise the review of the notice and responding thereto.

 (4) A notice concerning deficiency shall:
 1) indicate the name, personal identification code and data on the telecommunications of the person submitting the notice;
 2) describe the act regarding which the notice is submitted.

 (5) A notice concerning deficiency shall be submitted orally or in writing. An oral notice shall be recorded by the State Electoral Office.

 (6) A notice concerning deficiency shall be reviewed promptly, but not later than within three days as of the submission thereof. The person submitting the notice shall be promptly notified of the results of the review and the measures taken.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 67.  Definition of complaint

  For the purposes of this Act, a complaint is a request filed with the National Electoral Committee for an act of the elections manager to be declared unlawful and an appeal filed with the Supreme Court pursuant to the procedure provided for in § 701 of this Act against a resolution adopted or act made by the National Electoral Committee, which is prepared according to the requirements of this Act.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 68.  Right to file complaint

  An individual, candidate and political party (hereinafter interested person) who find that their rights have been infringed by a contested act shall have the right to file a complaint.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 69.  Requirements for complaint

 (1) A complaint shall be prepared in writing and shall set out the following:
 1) the name, personal identification code or in the absence thereof date of birth, or registry code, address and data on the telecommunications of the complainant;
 2) the name, address and data on the telecommunications of the representative of the complainant if the complainant has a representative;
 3) the description of the contested act;
 4) the reasons why the complainant finds that the contested act violates the rights of the person;
 5) the reasons why the complainant finds that the contested act is not lawful;
 6) how and when the complainant became aware of the contested act;
 7) a request for restoration of the term for filing a complaint and the reasons why the term was allowed to expire, if the complaint is filed after the expiry of the term for filing the complaint;
 8) the date of submission of a complaint.

 (2) A complaint shall be signed by the complainant. A complaint from a political party shall be signed by the authorised representative of the political party.

 (3) If a complaint does not meet the requirements prescribed in subsections (1) and (2) of this section or if a complaint has been submitted in violation of the procedure prescribed in § 68 and subsection 70 (1) of this Act, the National Electoral Committee may dismiss the complaint. In case of dismissal of the complaint, the National Electoral Committee may forward the complaint to the State Electoral Office for responding pursuant to the procedure provided for in subsection 66 (6) of this Act. If the complainant has allowed the time limit for submitting the complaint to expire with good reason, the National Electoral Committee shall restore the time limit on the basis of his or her reasoned request.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 70.  Review of complaint in National Electoral Committee

 (1) A complaint shall be filed with the National Electoral Committee within three days as of:
 1) making the contested act or
 2) reviewing a notice provided for in § 66 of this Act.

 (2) The National Electoral Committee shall review the complaint and adopt a resolution within five working days as of receipt of the complaint.

 (3) The National Electoral Committee shall adopt one of the following resolutions:
 1) to dismiss the complaint;
 2) to satisfy the complaint;
 3) to satisfy the complaint partially.

 (4) The National Electoral Committee shall promptly communicate the resolution to the complainant.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 701.  Filing of appeal against resolution or act of National Electoral Committee

 (1) If an interested person finds that an act of the elections manager or a resolution or act of the National Electoral Committee violates his or her rights, the person may file an appeal with the Supreme Court pursuant to the procedure prescribed in the Constitutional Review Court Procedure Act.

 (2) An appeal against an act of the elections manager may be filed with the Supreme Court after adjudication of the matter in the National Electoral Committee.

 (3) An appeal against an act of the elections manager or a resolution or act of the National Electoral Committee shall be filed through the National Electoral Committee with the Supreme Court within three days as of the communication of the resolution or performance of the act of the National Electoral Committee.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

§ 71.  Declaration of invalidity of voting results

 (1) If the National Electoral Committee or the Supreme Court has declared the voting results in a voting district, rural municipality, city or electoral district invalid, the National Electoral Committee shall determine a new date for the election and a repeat vote shall be held in the relevant voting district, rural municipality, city or electoral district.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

 (2) No repeat vote shall be held if the National Electoral Committee has annulled the votes cast in the advance voting partially or in full due to material violation of the law and called on the voters to vote again during advance voting or on election day.

 (3) The provisions of §§ 39–44 and 46 and Chapter 71 and 8 of this Act do not apply to a repeat vote.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

Chapter 111 LIABILITY  
[RT I 2005, 37, 281 - entry into force 10.07.2005]

§ 711.  Violation of restrictions established on outdoor political advertising

  [Repealed - RT I 12.07, 2014, 1 - entry into force 01.01.2015]

§ 712.  Taking ballot paper out of polling place

 (1) Violation of the prohibition on taking a ballot paper out of the polling place is punishable by a fine of up to 20 fine units.
[RT I 2006, 30, 231 - entry into force 14.07.2006]

 (2) [Repealed - RT I, 12.07.2014, 1 - entry into force 01.01.2015]

 (3) Police authority shall conduct extra-judicial proceedings in the matters of misdemeanours provided for in subsection (1) of this section.
[RT I 2009, 27, 165 - entry into force 01.01.2010]

Chapter 12 FINAL PROVISIONS  

§ 72.  Registration of members of European Parliament and declaration of election results

 (1) The National Electoral Committee shall register the elected Members of the European Parliament by its resolution not later than on the twentieth day after election day.

 (2) If voting results have been declared invalid in the case specified in § 71 of this Act, the National Electoral Committee shall adopt the resolution to register the elected Members of the European Parliament after the results of the repeat vote become clear.

 (3) The election results are deemed to be declared on the date following publication of the resolution of the National Electoral Committee set out in subsection (1) or (2) of this section in the Riigi Teataja. The National Electoral Committee shall forward the resolution to the European Parliament.

 (4) If a candidate who is elected holds an office listed in clause 75 2), 4), 5), 7) or 8) of this Act at the time of declaration of election results, he or she must notify the National Electoral Committee, within ten days after the date of declaration of election results, whether he or she agrees to participate in the work of the European Parliament or wishes to continue in his or her current office and decline the mandate. If the elected candidate agrees to participate in the work of the European Parliament, he or she must submit a copy of his or her letter of resignation from his or her current office to the National Electoral Committee.

 (5) If a candidate who is elected declines the mandate to the European Parliament, he or she shall be replaced by an alternate member. The replacement of a candidate who is elected shall be formulated by a resolution of the National Electoral Committee which shall be forwarded to the European Parliament.

§ 73.  Registration of alternate members of European Parliament

 (1) The alternate member of a Member of the European Parliament shall be the first candidate not elected to the European Parliament in the election from among the candidates in the same list in which the resigning Member of the European Parliament or the person who declined the mandate stood as a candidate.

 (2) The National Electoral Committee shall register the alternate members of the European Parliament by its resolution.

 (3) Candidates unelected in the list of the same political party shall be registered as alternate members when re-ranked according to the number of votes received (subsection 61 (2)).
[RT I 2010, 10, 42 - entry into force 15.03.2010]

§ 74.  Registration of additional mandates

 (1) If a Member of the European Parliament to be substituted stood as an independent candidate or if there were no more candidates in the same list, the alternate member designated on the basis of an additional mandate which is distributed between the lists and independent candidates and registered with the National Electoral Committee shall become a Member of the European Parliament.

 (2) The table of comparative figures of political parties and independent candidates which is approved by a resolution of the National Electoral Committee shall be the basis for the distribution of additional mandates.

 (3) The table of comparative figures sets out the comparative figures calculated for political parties and independent candidates (subsection 61 (1)) in size order, starting from the comparative figure which was the first not to be taken into account upon distribution of mandates.

 (4) If at least two comparative figures are equal, the comparative figure of the political party or independent candidate which received more votes from voters shall receive a higher ranking. If the number of votes of independent candidates or political parties is equal, the independent candidate or political party who was further towards the bottom of the consolidated list of candidates shall receive a higher ranking.
[RT I 2006, 30, 231 - entry into force 14.07.2006]

§ 75.  Incompatibility of office of Member of European Parliament

  The following persons shall not be Members of the European Parliament:
 1) members of the Riigikogu;
 2) the President of the Republic;
 3) members of the Government of the Republic;
 4) persons serving in offices appointed by the Riigikogu, the President of the Republic, the Government of the Republic, the Prime Minister or the head of a government agency or another state agency, except the chairman of a board if the appointment is made by the Riigikogu pursuant to law;
 5) the Chairman of the Board of Eesti Pank;
 6) a person in active service in the Defence Forces;
[RT I, 10.07.2012, 3 - entry into force 01.04.2013]
 7) rural municipality or city mayors;
 8) members of a rural municipality or city council;
 9) members of the Commission of the European Communities;
 10) Judges, Advocates-General and the Registrar of the European Court of Justice and the Court of First Instance of the European Communities;
 11) members of the Board of Directors of the European Central Bank;
 12) members of the Court of Auditors of the European Communities;
 13) the Ombudsman of the European Communities;
 14) members of the Economic and Social Committee of the European Economic Community and European Atomic Energy Community;
 15) members of the Committee of the Regions;
 16) members of committees or other bodies set up pursuant to the Treaties establishing the European Economic Community and the European Atomic Energy Community for the purpose of managing the Communities' funds or carrying out a permanent direct administrative task;
 17) members of the Board of Directors, Management Committee or staff of the European Investment Bank;
 18) active officials or servants of the institutions of the European Communities or of the specialised bodies attached to them or of the European Central Bank.

§ 751.  [Repealed - RT I 2009, 12, 70 - entry into force 14.07.2009]

§ 76.  Premature termination of authority of Member of European Parliament

 (1) The authority of a Member of the European Parliament shall terminate prematurely:
 1) if he or she assumes an office specified in § 75 of this Act;
 2) upon his or her resignation;
 3) if, according to a resolution of the National Electoral Committee, the Member of the European Parliament does not meet the requirements provided for in subsections 4 (4)–(7) of this Act;
 4) upon the entry into force of a conviction of an intentionally committed criminal offence, if the person is sentenced to imprisonment;
 5) upon his or her death;
 6) if he or she is not elected as the result of a repeat vote upon entry into force of the resolution of the National Electoral Committee specified in subsection 72 (2) of this Act.

 (2) The National Electoral Committee shall immediately notify the European Parliament of assumption of office specified in clause 75 2), 4), 5), 6), 7) or 8) of this Act by a Member of the European Parliament or of any circumstances specified in clauses (1) 3)–6) of this section or of such circumstances becoming known. Upon the resignation of a Member of the European Parliament, the Member of the European Parliament shall submit the request to the President of the European Parliament.

 (3) Upon premature termination of the authority of a Member of the European Parliament, he or she shall be replaced by an alternate member. The replacement of a Member shall be formulated by a resolution of the National Electoral Committee which shall be forwarded to the European Parliament.

§ 77.  Refund of security

  An independent candidate or political party shall receive a refund for their security if the independent candidate or political party receives at least 5 per cent of the votes nationally. The National Electoral Committee shall transfer unrefunded security into state revenues.

§ 771.  Preservation of ballot papers and election documents

 (1) A rural municipality or city secretary shall preserve the ballot papers for one month as of election day. Following the expiry of the aforementioned term, but not earlier than the adoption of the final resolutions in respect to any complaints filed, the rural municipality or city secretary shall organise the destruction of the ballot papers and document it.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

 (2) The State Electoral Office shall preserve the electronic votes for one month as of election day. Following the expiry of the aforementioned term, but not earlier than the adoption of the final resolutions in respect to any complaints filed, the State Electoral Office shall destroy the electronic votes, personal data of the voters contained in the electronic voting system and the key for opening the electronic votes.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

 (3) The records of voting results and election results shall be preserved permanently. Lists of voters shall be preserved permanently in the National Archives.
[RT I, 01.11.2012, 1 - entry into force 11.11.2012]

 (4) The State Electoral Office shall organise the preservation of the records of voting results and election results and other election documents.
[RT I, 06.05.2016, 1 - entry into force 01.01.2017]

 (5) The rural municipality and city governments shall organise the preservation of the election equipment in rural municipalities and cities during the period between elections.
[RT I, 04.07.2017, 1 - entry into force 01.01.2018]

§ 78.  Implementation of electronic voting

  Electronic voting shall not be implemented before 2005.

§ 79. – § 92. [Omitted from this text.]


1Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals (OJ L 329, 30.12.1993, p. 34–38), amended by Directive 2013/1/EC (OJ L 26, 26.01.2013, p. 27–29). [RT I, 10.01.2014, 1 - entry into force 20.01.2014]