Republic of Lithuania
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Office for Democratic Institutions and Human Rights REPUBLIC OF LITHUANIA PRESIDENTIAL ELECTION 11 MAY 2014 OSCE/ODIHR NEEDS ASSESSMENT MISSION REPORT 11-13 February 2014 Warsaw 12 March 2014 TABLE OF CONTENTS I. INTRODUCTION ............................................................................................... 1 II. EXECUTIVE SUMMARY ................................................................................. 1 III. FINDINGS ........................................................................................................... 3 A. BACKGROUND ..................................................................................................... 3 B. ELECTORAL SYSTEM AND LEGAL FRAMEWORK .................................................. 4 C. ELECTION ADMINISTRATION ............................................................................... 4 D. ALTERNATIVE VOTING MECHANISMS ................................................................. 6 E. VOTER REGISTRATION ........................................................................................ 6 F. CANDIDATE REGISTRATION ................................................................................ 7 G. ELECTION CAMPAIGN ......................................................................................... 8 H. CAMPAIGN FINANCE ........................................................................................... 8 I. MEDIA................................................................................................................. 9 J. COMPLAINTS AND APPEALS .............................................................................. 10 K. ELECTION OBSERVATION .................................................................................. 11 IV. CONCLUSIONS AND RECOMMENDATION ............................................ 11 ANNEX: LIST OF MEETINGS ............................................................................... 12 REPUBLIC OF LITHUANIA PRESIDENTIAL ELECTION 11 May 2014 OSCE/ODIHR Needs Assessment Mission Report I. INTRODUCTION On 7 January 2014, the Ministry of Foreign Affairs of Lithuania invited the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) to observe the 11 May presidential election. In accordance with its mandate, the OSCE/ODIHR undertook a Needs Assessment Mission (NAM) to Vilnius from 11 to 13 February. The NAM included Richard Lappin, OSCE/ODIHR Senior Election Adviser, and Alexey Gromov, OSCE/ODIHR Election Adviser. The purpose of the mission was to assess the pre-election environment and the preparations for the election. Based on this assessment, the NAM should recommend whether to deploy an OSCE/ODIHR election-related activity for the forthcoming election, and if so, what type of activity best meets the identified needs. Meetings were held with officials from state institutions and the election administration, as well as with representatives of political parties, media, and civil society. A list of meetings is annexed to this report. The OSCE/ODIHR would like to thank the Ministry of Foreign Affairs for their assistance and co-operation in organizing the NAM. The OSCE/ODIHR would also like to thank all of its interlocutors for taking the time to meet with the NAM. II. EXECUTIVE SUMMARY Lithuania is a parliamentary republic, with specific executive powers vested in the office of the president, including foreign policy and national defence. On 11 May 2014, voters will elect the president for a five-year term, with a possible second round of voting on 25 May. Presidential elections are primarily regulated by the Constitution and the Law on Presidential Elections. Amendments made in 2013 to electoral legislation are mainly of a technical nature. The legal framework governing the presidential election appears to provide a sound basis for the conduct of democratic elections. Nevertheless, several interlocutors noted that a number of prior OSCE/ODIHR recommendations remain unaddressed in the law, particularly in respect of candidate rights, national minorities, and complaints and appeals. A working group has been established to prepare a consolidated Electoral Code, to be considered after this election. The election is administered by the Central Election Commission (CEC), 60 Municipal Election Commissions and 2,017 Precinct Election Commissions (PECs). The CEC has extensive responsibilities and powers, as well as a wide supervisory role. All OSCE/ODIHR NAM interlocutors expressed full confidence in the election administration, although some noted that the PECs would benefit from additional training, including the handling of electronic voter lists. Republic of Lithuania Page: 2 Presidential Election, 11 May 2014 OSCE/ODIHR Needs Assessment Mission Report The law provides voters with a wide range of possibilities for exercising their suffrage, including early, postal, homebound, and out-of-country voting. Alternative voting mechanisms enjoy a high level of trust. While challenges to the verification of voter eligibility and the secrecy of the vote were acknowledged by some interlocutors, no fundamental objections were raised about their use in the upcoming election. All citizens over 18 years of age have the right to vote, except for those recognized as incapable by a court decision. Voter registration is passive and the CEC maintains a nationwide electronic voter list. According to the CEC, there are currently some 2.6 million registered voters. This will be the first presidential election when all voters will be marked off in the nationwide electronic voter list upon receiving their ballot at the polling station. While none of the OSCE/ODIHR NAM interlocutors expressed concerns regarding the accuracy of the voter lists, the continued development and implementation of electronic voter lists could benefit from further attention. Any citizen by birth, over the age of 40, who has lived in Lithuania for at least the last three years, and is eligible to be elected to the parliament, may stand for president. The same person may not be elected president for more than two consecutive terms. Citizens who are bound by an allegiance to a foreign state cannot stand as candidates. Candidates may be nominated by political parties or through self-nomination and are obliged to pay an electoral deposit and provide at least 20,000 valid supporting signatures no later than 27 March. OSCE/ODIHR NAM interlocutors noted a pluralistic political landscape and expected a wide range of candidates to register. The law provides that a person who has been removed from office in accordance with impeachment proceedings may not be elected president. In 2011, the European Court on Human Rights ruled that this lifetime ban on standing for elected office was a disproportionate punishment. Despite ongoing parliamentary initiatives to amend this provision, the restriction has not yet been remedied in the law. This requirement may affect former president Rolandas Paksas, impeached in 2004, who has announced his intention to stand. The media environment is diverse and coverage of the campaign is thoroughly regulated. Candidates are provided with free air time on an equal basis on the public broadcaster and media are obliged to provide equal conditions for paid advertising. Several OSCE/ODIHR NAM interlocutors stated that incumbent officials enjoy greater media coverage, but that this would not impact the level playing field among candidates. The campaign is expected to be active and no concerns about the ability to campaign freely were raised, although some concerns were expressed about possible vote-buying and the continued criminalization of defamation. Decisions and actions of election commissions can be challenged at the higher commission only by parties that have nominated candidates and by candidate proxies. Decisions and actions of the CEC, except on election results, can be appealed to the Supreme Administrative Court, which is the first and final instance. The law does not provide clear deadlines for filing complaints. Only the parliament can challenge the final election results to the Constitutional Court. The Court’s conclusions in this case are not a ruling, but a basis for the final decision of the parliament. The OSCE/ODIHR has previously recommended that the timelines for Republic of Lithuania Page: 3 Presidential Election, 11 May 2014 OSCE/ODIHR Needs Assessment Mission Report considering such complaints should be extended and that the final decision be taken by a court. Electoral contestants can appoint their observers to all election commissions, but the PEL does not provide for non-partisan citizen observation, which is not fully in line with the OSCE commitments. Several parties informed the OSCE/ODIHR NAM that they will deploy observers on election day. All OSCE/ODIHR NAM interlocutors expressed confidence in the impartiality and professionalism of the election administration, noting that the diverse political and media landscape enhance transparency and accountability. As such, there would likely be limited value in deploying a significant OSCE/ODIHR presence on election day. Nevertheless, most interlocutors indicated that they would welcome a potential OSCE/ODIHR observation activity for this election, recognizing that an external assessment and recommendations offered by the OSCE/ODIHR could contribute to ongoing reform of the electoral legal framework. In this context, some aspects of the electoral process may benefit from further scrutiny, including issues related to candidate registration,