Electoral Dispute Resolution Framework in Lithuania

20THEUROPEAN CONFERENCE OF ELECTORAL MANAGEMENT BODIES ON STABILITY OF ELECTORAL LAW PRACTICAL ASPECTS Co-organised by the Central Electoral Commission of the Republic of Lithuania and the Council for Democratic Elections of the Council of Europe 20ECONFERENCE EUROPEENNE DES ADMINISTRATIONS ELECTORALES SUR LA STABILITE DU DROIT ELECTORAL - ASPECTS PRATIQUES Coorganis e par la Commission lectorale centrale de la R publique de Lituanie et le Conseil des lections d mocratiques du Conseil de l Europe 15-16.04.2025 Vilnius Second session Deuxi me session Rokas Stabingis Head of Law and Investigation Unit in the Secretariat of the Central Electoral Commission of Lithuania Chef de l unit droit et investigation du Secr tariat de la Commission lectorale centrale de la Lituanie Speeches and presentations are published in the language in which they were submitted to the Secretariat / Les discours et pr sentations sont publi s dans la langue dans laquelle ils ont t soumis au secr tariat www.coe.int/EMB

RULES ON ELECTION DISPUTES RESOLUTION, INCLUDING THE CANCELLATION OF ELECTION RESULTS IN LITHUANIA By Rokas Stabingis Head of Law and Investigation Unit (CEC Lithuania)

The principle of stability of electoral law The principle of stability of electoral law is set out in guideline II.2.b of the Code of Good Practice in Electoral Matters: The fundamental elements of electoral law, in particular the electoral system proper, membership of electoral commissions and the drawing of constituency boundaries, should not be open to amendment less than one year before an election, or should be written in the constitution or at a level higher than ordinary law.

The legal framework for the system of EDR 1 The system of electoral dispute resolution (EDR) is primarily regulated by the Electoral Code which came into force from 1 September2022. The Law on Administrative Proceedings regulates how cases are being adjudicated in administrative courts where appeals could be submitted regarding the decisions of the Central Electoral Commission (the CEC). The Law on the Constitutional Court regulates the procedures of post- electoral dispute resolution regarding the validity of election results in cases of parliamentary and presidential elections.

The legal framework for the system of EDR 2 The Code of Administrative Offences provides for the procedures and financial sanctions for minor electoral offences specified in the code (for example, the fine for the violation of the voting procedure in elections starts from 20 EUR to 560 EUR). The Criminal Code and the Code of Criminal Procedure deal with electoral crimes such as vote buying or forgery of an election or referendum document (punishment fine, arrest, or prison sentence up to 4 years). The Law on Political Organizations foresees procedures and sanctions for political organizations in the field of political finance (for example, financing a political organization with funds from unauthorized sources).

The bylaws that complement the rules on EDR in the Electoral Code the Regulation of the Central Electoral Commission adopted by the CEC itself provides for the procedures of adoption of the CEC s decisions, including on EDR and reception, registration and handling of requests, notifications and complaints. the CEC decision, as of 27 October 2022, No. Sp-97 On the approval of the Procedures for the Reception and Consideration of Complaints, Requests and Notifications by Election (Referendum) Commissions provides for the detailed procedures on how the complaints are being investigated by the lower-level election commissions, including the decision-making. The procedural rules complement the main rules of EDR envisaged in the The procedural rules complement the main rules of EDR envisaged in the Electoral Code. Electoral Code.

The main elements of the system of EDR in the Electoral Code 1 definition of electoral disputes definition of electoral disputes - the examination of complaints, requests, and notifications from individuals or legal entities (hereinafter collectively referred to as complaints ) regarding violations of the Electoral Code. competent bodies competent bodies: : Polling station election commissions Polling station election commissions (regarding the entry of a voter on the electoral roll of a polling district or concerning errors established in the electoral roll; the premises of a polling station; the voting procedure in the polling station); Constituency election commissions Constituency election commissions (regarding the violations of the Electoral Code committed on the territory of the electoral constituency and which fall outside the competence of the polling station election commission or when electoral disputes involve two or more polling stations during the political campaign, where it is necessary to ensure their equal examination); the CEC the CEC (regarding all electoral disputes outside the period of political campaign, as well as electoral disputes that fall outside the competence of a constituency election commission or polling station election commission during the election campaign, or electoral disputes involving two or more constituencies during the election campaign, where it is necessary to ensure their equal examination).

The main elements of the system of EDR in the Electoral Code 2 the right to file complaints the right to file complaints within 30 days from the day of infringement of the Electoral Code. Complaints regarding the financing of electoral campaigns, vote buying,and other violations related to elections may be filed no later than two years, and complaints regarding political advertising no later than 6 months from the date of occurrence of the possible violations. the the right right to to file file complaints complaints regarding regarding election election results interested interested parties parties (acomplaint regarding the vote counting results or election results may be filed by an election observer, election representative, candidate, or political organization that nominated a candidate or list of candidates in the election whose vote counting results or election results are being appealed). results is is reserved reserved only only to to the the

The main elements of the system of EDR in the Electoral Code 3 the subject matter (what issues are eligible for an election the subject matter (what issues are eligible for an election- -related complaint) and deadlines: related complaint) and deadlines: Short deadlines: Short deadlines: 1) 1) a complaint regarding the inclusion of a voter in the voter list a complaint regarding the inclusion of a voter in the voter list within 2 days, but not later than election day; within 2 days, but not later than election day; 2) 2) a complaint regarding ballot papers a complaint regarding ballot papers within 3 days, but not later than election day; within 3 days, but not later than election day; 3) 3) a complaint regarding the registration of a participant of a complaint regarding the registration of a participant of an candidates or the publication of information about them candidates or the publication of information about them within 5 days; an election campaign, a candidate election campaign, a candidate, , or a list of within 5 days; or a list of 4) 4) A complaint regarding the results of the vote counting or the election results shall be filed within 24 hours A complaint regarding the results of the vote counting or the election results shall be filed within 24 hours from the date of the compilation of the vote counting protocol by the electoral commission or the from the date of the compilation of the vote counting protocol by the electoral commission or the performance of the relevant action by the electoral commission. These complaints must be examined no performance of the relevant action by the electoral commission. These complaints must be examined no later than 48 hours from the date of their receipt. The Central Electoral Commission shall examine all later than 48 hours from the date of their receipt. The Central Electoral Commission shall examine all complaints regarding the vote counting or the election results until the date of the announcement of the final complaints regarding the vote counting or the election results until the date of the announcement of the final election results. election results. Long deadlines for the complaints regarding electoral campaign financing, political advertising Long deadlines for the complaints regarding electoral campaign financing, political advertising and and vote buying. vote buying.

Complaints on election results In local elections and elections to the European Parliament In local elections and elections to the European Parliament, , the decisions of the CEC on the results of the vote counting, the compilation of the vote counting CEC on the results of the vote counting, the compilation of the vote counting protocol protocol, , or the establishment of the results or the establishment of the results - - within 5 days may be appealed to the Supreme Administrative Court of Lithuania. This court shall examine these appeals Supreme Administrative Court of Lithuania. This court shall examine these appeals within 5 days. within 5 days. In parliamentary and presidential elections In parliamentary and presidential elections, , only may may apply apply to the Constitutional Court to the Constitutional Court w with ith a question as to whether the Electoral Code was violated in the preparation and conduct of elections in a specific Code was violated in the preparation and conduct of elections in a specific electoral district no later than within 3 days after the official announcement of the electoral district no later than within 3 days after the official announcement of the decision of the decision of the CEC CEC on the establishment of the final results on the establishment of the final results. The examined examined within within 120 120 hours hours. . Only Only after after the the conclusion conclusion of of the Constitutional the Constitutional Court on the on the final final election election results results. . the decisions of the within 5 days may be appealed to the only the a question as to whether the Electoral the Parliament Parliament or or the the President President . The inquiry inquiry must must be be Court does does the the Parliament Parliament decide decide

The only amendment regarding the rules of EDR was adopted on 25 October 2023. The Article 185 of the Electoral Code was complemented as to the appeals of the CEC decisions to the administrative courts. amendment regarding the rules on EDR According to the amendments, election disputes with the short deadlines (regarding voter registration, ballot papers, candidate registration, loss of a status of electoral campaign participant, collection of voter signatures,or inaction of the CEC) shall be heard by the Lithuanian Supreme Administrative Court within 3 days. 1 All other decisions of the CEC shall be heard by the regional administrative courts in standard timelines, i.e.,1 month to submit the appeal. In the law, there is no deadline for a court to adjudicate on the case.

This amendment was adopted almost 1 year before the date of the parliamentary elections scheduled for 13 October 2024 and less than 1 year before the presidential elections of 12 May 2024 and cconstitutional referendum on dual citizenship, but before the beginning of the electoral campaign,which started one month after the amendment. Considering that the amendment was rather important for the system of EDR but cannot be really deemed to be a fundamental element of the electoral law in terms of the Code of Good Practice in Electoral Matters. Because this question in general was covered by the Law on Administrative Proceedings, but without specific deadlines for adjudication for the Lithuanian Supreme Administrative Court in electoral cases. Although such deadlines were in the separate laws covering separate elections before the codification in 2022. The amendment regarding the rules on EDR 2

The previously mentioned amendment regarding the rules of EDR was very needed and beneficial to the legal certainty. Thus, it posed no difficulties. One of the recent examples of the late changes was the amendment of Article 168 of the Electoral Code one month before the elections to the European Parliament. It was noticed that the electoral threshold for the joint candidates lists of 7 % was in contradiction with European Union law. Therefore, swift changes were necessary. Difficulties regarding the late changes

Challenges regarding the stability of law This provision is somewhat in line with the principle of stability of electoral law set out in guideline II.2.b of the Code of Good Practice in Electoral Matters, as election campaigns by law last more than 9 months. Thus, the principle of stability of law is acknowledged by the lawmakers and is widely respected, except in some extraordinary situations. Article 194 of the Electoral Code contains a provision that the Code may not be amended during an election campaign, except in cases where it is necessary to implement an act of the Constitutional Court or a legal act of European Union.

Thank you for yourattention! Rokas Stabingis Rokas Stabingis rokas.stabingis@vrk.lt rokas.stabingis@vrk.lt