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Republic of Lithuania, Law on Referendum

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Republic of Lithuania, Law on Referendum REPUBLIC OF LITHUANIA LAW ON REFERENDUM 4 June 2002 No IX-929 (As last amended on 12 September 2012 — No XI-2216) Vilnius The Seimas of the Republic of Lithuania, relying upon the legally established, open, just, harmonious, civic society and principles of a law - based State and the Constitution: the provisions of Article 2 that “the State of Lithuania shall be created by the People. Sovereignty shall belong to the Nation”; the provision of Article 3 that “no one may limit or restrict the sovereignty of the Nation and make claims to the sovereign powers belonging to the entire Nation”; the provision of Article 4 that “the Nation shall execute its supreme sovereign power either directly or through its democratically elected representatives”; and the provision of Article 9 that “the most significant issues concerning the life of the State and the Nation shall be decided by referendum”, passes this Law. CHAPTER I GENERAL PROVISIONS Article 1. Purpose of the Law This Law shall establish the procedure of implementing the right of the citizens of Lithuania to a referendum, the type of referendum and initiation, announcement, organising and conducting thereof. 2. The citizens of the Republic of Lithuania (hereinafter - citizens) or the Seimas of the Republic of Lithuania (hereinafter - Seimas) shall decide the importance of the proposed issue in the life of the State and the People in accordance with the Constitution of the Republic of Lithuania and this Law. Article 2. General Principles of Referendum 1. Taking part in the referendum shall be free and based upon the democratic principles of the right of elections: universal, equal and direct suffrage and secret ballot. 2. Citizens who have reached the age of 18 years shall have the right to participate in the referendum. Citizens, whom the court has recognised as legally incapable, shall not participate in a referendum. 3. Citizens shall participate in a referendum on the basis of equality. 4. A referendum shall be direct. The citizens shall participate in the referendum directly and individually. 5. In holding the referendum the voting will take place by secret ballot and it is not permitted to control the free will expressed by the citizens. 6. The citizens’ right to take part in the referendum, can not be restricted due to one’s gender, race, nationality, language, origin, social situation, religion, convictions or views. Article 21. Prohibition to Bribe Citizens 1. From the day of registration of a citizens’ initiative group for a referendum in accordance with the procedure laid down by this Law or from the day of submission to the Seimas of a proposal by a group of the Seimas members to call a referendum until the beginning of voting at the referendum as well as on the day of voting at the referendum it shall be prohibited to directly or indirectly buy votes of citizens, to induce by offering gifts or other rewards citizens to support or not to support a request for calling a referendum, and (or) to attend or not to attend a referendum, and (or) to vote for or against adoption of a resolution put to a referendum, as well as to promise to reward the citizens for supporting a request to call a referendum and (or) voting after the referendum, by having a purpose to affect the will of citizens when voting at a referendum and thus hinder citizens from implementing their right to referendum. 2. Production or distribution free of charge of printed matter (the text of a resolution put to a referendum, information or opinions approving of or opposing calling of a referendum and (or) adoption of a resolution put to a referendum or other leaflets, calendars, postcards, stickers of information character) and pins intended for propagating a referendum or opposing it shall not be considered as bribery of citizens. 3. The Central Electoral Commission shall, in the manner prescribed by it, examine and evaluate the facts of bribery of citizens. The Central Electoral Commission shall announce the established facts of bribery in the Internet. After the recognition of the facts of bribery as grave violation of this Law, the consequences defined in this Law and other laws shall arise. Article 3. Types of Referendum Mandatory and consultative (deliberative) referendums may be held in the Republic of Lithuania. Article 4. Mandatory Referendums 1.Referendums shall be mandatory with regard to the following issues: 1) on the amendment to the provision of Article 1 of the Constitution of the Republic of Lithuania that, “the State of Lithuania shall be an independent and democratic republic;” 2) on the amendment to the provisions of Chapter I of the Constitution of the Republic of Lithuania, “the State of Lithuania;” 3) on the amendment to the provisions of Chapter XIV of the Republic of Lithuania Constitution, “Amending the Constitution;” 4) on the amendment to the Constitutional Act, dated June 8, 1992, “On Non-Alignment of the Republic of Lithuania to Post-Soviet Eastern Alliances;” 5) regarding participation by the Republic of Lithuania in international organisations, should this participation be linked with the partial transfer of the scope of competence of Government bodies to the institutions of international organisations or the jurisdiction thereof. 2. Mandatory referendums may be held also with regard to other laws or provisions thereof, which 300 thousand citizens having the right to vote or the Seimas shall submit a proposal for to be decided by means of a referendum. Article 5. Consultative (Deliberative) Referendums Consultative (deliberative) referendums may be held with respect to other issues of utmost importance to the State and the People, regarding which it is not necessary to hold a mandatory referendum, they are being proposed for a referendum by 300 thousand citizens having the right to vote or the Seimas. Article 6. Referendum Requirements of Proposed Laws, Other Enactments and Draft Resolutions 1. A draft law which is being proposed for a referendum must conform to the requirements set forth by the Law on the Procedure of Drafting of Republic of Lithuania Laws and Other Regulatory Enactments. 2. The proposed draft resolution on a referendum shall indicate: 1) the type of referendum; 2) the text of the law proposed for a referendum, text of another enactment or text of an issue to be deliberated, which concerns an issue (resolution) on the life of the State or of the People; 3. Upon a petition by the representatives of a citizens’ initiative group, the Seimas Office must ensure its support, in drafting the text (resolution) of the law, other enactment proposed for a referendum or an issue concerning the life of the State or the People proposed for deliberation, by enlisting legal experts. 4. The concept “resolution” used in this Law shall include the law, other enactment and resolution. Article 7. Determination of Results of Mandatory Referendum 1. A mandatory referendum shall be deemed having taken place, if over one half of the citizens, having the right to vote and having been registered in electoral rolls, have taken part in it. 2. The resolution regarding the provision of Article one of the Constitution of the Republic of Lithuania, “The State of Lithuania shall be an independent, democratic Republic,” and also concerning the Constitutional Act of June 8, 1992, “On Non-Alignment of the Republic of Lithuania To Post-Soviet Eastern Alliances, shall be deemed as adopted, if at least three- fourths of the citizens having the right to vote and having been registered in electoral rolls, have approved it. 3. The resolution regarding the amendment of the provisions of Article 1 of the Republic of Lithuania Constitution on, “The State of Lithuania” and Chapter XIV, on “Amending the Constitution” shall be deemed as passed if more than half of the citizens, having the right to vote and having been registered on electoral rolls have approved it. 4. A resolution regarding other issues, laws or provisions thereof, which have been deliberated in a mandatory referendum, shall be deemed as approved, if more than one half of the citizens, who had taken part in the referendum, but at least one - third of the citizens having the right to vote and having been registered on electoral rolls. 5. The decision on the issues stipulated in paragraph 5 Article 4 of this Law, shall be deemed adopted if it has been approved by more than one half of the voters who have participated in the referendum. Article 8. Determination of Results of Consultative (Deliberative) Referendum 1. A consultative (deliberative) referendum shall be deemed as having taken place if over one half of the citizens, who are eligible and have been registered in electoral rolls, have taken part in it,. 2. In the event, that over one half of the voters have taken part in the referendum and at least one half of those voters who have participated, have been in favour of the resolution, the resolution shall be deemed as having been adopted. The issue of the conducting of this referendum must be deliberated in the Seimas according to the procedure established by the Seimas Statute, within one month from its announcement. 3. In the event when fewer voters have taken part in the referendum, than has been stipulated in paragraph one of this Article, it shall be deemed that the referendum has not taken place, and the voter’s opinion voiced during its course, may be considered in the Seimas during the deliberation of laws and other draft legal acts. CHAPTER II INITIATION AND CALLING OF REFERENDUM Article 9. Right of Initiative of Calling Referendum 1. The right of initiative of calling a referendum shall belong to the citizens and the Seimas.
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