Case No. 14/2012 THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA CONCLUSION ON THE INQUIRY OF THE PRESIDENT OF THE REPUBLIC OF LITHUANIA WHETHER THE REPUBLIC OF LITHUANIA LAW ON THE ELECTIONS TO THE SEIMAS WAS NOT VIOLATED DURING THE 2012 ELECTIONS TO THE SEIMAS 26 October 2012 Vilnius The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court Egidijus Bieliūnas, Toma Birmontienė, Pranas Kuconis, Gediminas Mesonis, Egidijus Šileikis, Algirdas Taminskas, Romualdas Kęstutis Urbaitis, and Dainius Žalimas, with the secretary—Daiva Pitrėnaitė, in the presence of the representatives of the President of the Republic of Lithuania, the petitioner, who were Rasa Svetikaitė, chief advisor to the President of the Republic, and Indrė Pukanasytė, an advisor to the President of the Republic, Zenonas Vaigauskas, Chairman of the Central Electoral Commission of the Republic of Lithuania, and the members of the said commission—Rokas Stabingis and Jonas Udris, pursuant to Item 1 of Paragraph 3 of Article 105 of the Constitution of the Republic of Lithuania, Paragraph 2 of Article 1, Item 1 of Article 73 and Article 77 of the Law on the Constitutional Court of the Republic of Lithuania, on 24 October 2012, in the Court’s public hearing considered case No. 14/2012 subsequent to the 23 October 2012 inquiry of the President of the Republic of Lithuania requesting for a conclusion whether during the 2012 elections to the Seimas of the Republic of Lithuania the Republic of Lithuania Law on Elections to the Seimas was not violated. 2 The Constitutional Court has established: I 1. On 14 October 2012, the elections to the Seimas took place in 71 single-member constituencies and one multi-member constituency. 3 Members of the Seimas were elected in single-member constituencies, 67 Members of the Seimas were not elected from the 71 single- member constituencies and, on 28 October 2012, the run-off voting will be carried out (Decision of the Central Electoral Commission No. Sp-308 “On the Results of the 14 October 2012 Elections to the Seimas in Single-member Constituencies and the Multi-member Constituency” of 21 October 2012). 2. One of the single-member constituencies in which the voting took place on 14 October 2012 is Zarasai–Visaginas constituency No. 52. On 21 October 2012, the Central Electoral Commission, by its Decision No. Sp-311 “On the Violation of Article 51 of the Law on Elections to the Seimas Committed by the Candidate for a Member of the Seimas of the Republic of Lithuania Rimvydas Podolskis” (hereinafter also referred to as decision of the Central Electoral Commission No. Sp-311 of 21 October 2012) (that decision was published on the Seimas’ internet website), while invoking the Conclusion “On the Alleged Violation of Article 51 of the Republic of Lithuania Law on Elections to the Seimas Committed by the Candidate for a Member of the Seimas of the Republic of Lithuania Rimvydas Podolskis” of 20 October 2012 (the said decision indicates 19 October 2012 as the date of that conclusion) (hereinafter also referred to as the conclusion of the Working Group for Investigation into Briberies) made by the Working Group for Investigation into Briberies of the Central Electoral Commission (hereinafter also referred to as the Working Group for Investigation into Briberies), recognised that the candidate for a Member of the Seimas Rimvydas Podolskis had violated the prohibition consolidated in Article 51 of the Law on Elections to the Seimas to bribe voters and persons eligible to vote and thus grossly violated Article 51 of the Law on Elections to the Seimas. On 21 October 2012, the Central Electoral Commission, by its Decision No. Sp-313 “On Recognising the Election Results in Zarasai–Visaginas Constituency No. 52 as Invalid” (hereinafter also referred to as decision of the Central Electoral Commission No. Sp-313 of 21 October 2012) and by Item 2 of its Decision No. Sp-308 “On the Results of the 14 October 2012 Elections to the Seimas of the Republic of Lithuania in Single-member Constituencies and in the Multi-member Constituency” (hereinafter also referred to as decision of the Central Electoral Commission No. Sp- 308 of 21 October 2012), recognised the results of the 14 October 2012 elections in Zarasai– Visaginas single-member constituency No. 52 as invalid due to the established gross violations of 3 Article 51 of the Law on Elections to the Seimas. 3. On 22 October 2012, the political party “Order and Justice” filed a complaint with the President of the Republic regarding decision of the Central Electoral Commission No. Sp-308 of 21 October 2012 insofar as the said decision recognised the results of the 14 October 2012 elections in Zarasai–Visaginas single-member constituency No. 52 as invalid and decided to carry out the run- off voting in 67 single-member constituencies on 28 October 2012 by excluding Zarasai–Visaginas constituency No. 52, and requested that the President of the Republic apply to the Constitutional Court with an inquiry regarding violation of the Law on Elections to the Seimas. 4. By her Decree No. 1K-1248 “On the Inquiry to the Constitutional Court of the Republic of Lithuania” of 23 October 2012, the President of the Republic applied to the Constitutional Court requesting for a conclusion whether during the 2012 elections to the Seimas the Law on Elections to the Seimas had not been violated. Article 1 of the said decree points out two decisions of the Central Electoral Commission whereby the election results in Zarasai–Visaginas constituency No. 52 were recognised as invalid: decision No. Sp-313 of 21 October 2012 and decision No. Sp-308 of 21 October 2012 (Item 2). II 1. At the Constitutional Court hearing the representatives of the President of the Republic, the petitioner, who were R. Svetikaitė and I. Pukanasytė, explained that the President of the Republic applied to the Constitutional Court with an inquiry whether during the 2012 elections to the Seimas the Law on Elections to the Seimas had not been violated because she was seeking to disperse the doubts whether by decision of the Central Electoral Commission No. Sp-313 of 21 October 2012 and Item 2 of its decision No. Sp-308 of 21 October 2012, which recognised the results of the 14 October 2012 elections in Zarasai–Visaginas single-member constituency No. 52 as invalid, one had not violated the Law on Elections to the Seimas. 2. At the Constitutional Court hearing, Z. Vaigauskas, Chairman of the Central Electoral Commission, and R. Stabingis and J. Udris, members of that commission, explained what facts were investigated and assessed by the Central Electoral Commission and what arguments it followed while adopting its decision No. Sp-313 of 21 October 2012 and Item 2 of its decision No. Sp-308 of 21 October 2012. 3. At the Constitutional Court hearing, a witness—Daiva Kelečienė, Chairwoman of the Electoral Commission of Zarasai–Visaginas Constituency No. 52—was questioned. 4 The Constitutional Court holds that: I 1. On 14 October 2012, at the elections to the Seimas, voting took place at Zarasai– Visaginas constituency No. 52. Upon counting the votes of the voters, it was established that the following candidates for Members of the Seimas received the most votes of the voters: Algimantas Dumbrava—4,881 (voting in polling districts—4,242, by mail—639), i.e. he received 29.88 percent of valid votes, Rimvydas Podolskis—2,921 (voting in polling districts—2,312, by mail—609), i.e. he received 17.88 percent of valid votes, and Nikolajus Gusevas—2,527 (voting in polling districts—2,142, by mail—385), i.e. he received 15.47 percent of valid votes. 2. On 21 October 2012, the Central Electoral Commission adopted decision No. Sp-311, wherein, while taking account of the investigation into the actions of R. Podolskis, a candidate nominated by the Labour Party in Zarasai–Visaginas constituency No. 52, by whom violations of the prohibition to bribe voters and persons eligible to vote and violations of Article 51 of the Law on Elections to the Seimas may have been committed, while invoking the conclusion made by the Working Group for Investigation into Briberies and pursuant to Article 51 of the Law on Elections to the Seimas, decided: “1. To recognise that the candidate for a Member of the Seimas Rimvydas Podolskis has violated the prohibition consolidated in Article 51 of the Republic of Lithuania Law on Elections to the Seimas to bribe voters and persons eligible to vote; 2. To recognise that the candidate for a Member of the Seimas Rimvydas Podolskis has grossly violated Article 51 of the Republic of Lithuania Law on Elections to the Seimas.” 3. On the same day, on 21 October 2012, the Central Electoral Commission adopted two decisions whereby the election results in Zarasai–Visaginas constituency No. 52 were recognised as invalid: decision No. Sp-313 of 21 October 2012 and decision No. Sp-308 of 21 October 2012 (Item 2). It is clear from decision of the Central Electoral Commission No. Sp-313 of 21 October 2012 that the commission that has performed the investigation into the actions of R. Podolskis, a candidate nominated by the Labour Party in Zarasai–Visaginas constituency No. 52, by whom violations of the prohibition to bribe voters and persons eligible to vote and violations of Article 51 of the Law on Elections to the Seimas may have been committed, while invoking the conclusion made by the Working Group for Investigation into Briberies and decision of the Central Electoral Commission No. Sp-313 of 21 October 2012, established that in that Zarasai–Visaginas constituency No.