First instance body dealing with electoral disputes

Lithuania

Lithuania

Source

Law on Elections to the Seimas (as of2012, in English)

 

Source: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=430477

 

Article16. The constituency electoral committee shall:

10) consider complaints against decisions and actions of thepolling committees and adopt decisions, repeal decisions which contravene therequirements of laws and other legal acts;

 

Article 18. The polling districtcommittee shall:

7) consider the complaints of the voters and observers of theirelectoral district on issues concerning preparation of the elections,organisation of polls, vote counting, drawing up a vote counting record, andadopt decisions related to them; and

 

Article 21. 1. A party which hasnominated a candidate for Seimas member, a person running for election to theSeimas, a representative for elections, and an election observer may appeal thedecision of the electoral committee which was adopted before closing of thepolls or against any other act of the committee:

1) an appeal against a polling district committee decision shallbe lodged with theconstituency electoral committee;

2) an appeal against the decision of a constituency electoralcommittee decision shall be lodged with the Central Electoral Commission;

3) an appeal against the Central Electoral Commission decisionshall be lodged with theSupreme Administrative Court of Lithuania.

 

 

Article86. 1.Parties which have nominated a candidate for Seimas member, candidates forSeimas member, their representatives for elections, election observers mayappeal against the decisions of polling district electoral committeesconcerning the drawing up of vote counting records to the constituencyelectoral committee not later than within 24 hours of their drawing up. Thesecomplaints must be investigated no later than within 24 hours.

2. The decisions of theconstituency electoral committee concerning vote counting records may beappealed against to the Central Electoral Commission no later than within 72hours following their drawing up and must be considered before the officialannouncement of election results.

Comment

There are two types of procedures regarding the term of application: 1. appealing against decisions of election commissions adopted before closing of the polls (decision of the lower level election commission can be appealed in the upper level election commission , while the decision of the CEC can be appealed in the Supreme Administrative Court, which is the first and the last judicial instance for the decisions adopted before the closing of the polls); 2. inquiry concerning decisions of the CEC after proclamation of elections results (the inquiry may be filed to the Constitutional Court by the Seimas or the President; after the findings of the Constitutional Court, the Seimas can adopt the final decision on election results).



Both the system ofelection commissions and Supreme Administrative Court are first instancebodies. Decision of lower level election commission can be appealed in theupper level commission, while the decision of the CEC can be appealed in thefirst instance to Supreme Administrative Court.

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