Estonian National Electoral Committee

Excerpt from the Riigikogu Election Act

Chapter 4
ELECTORAL COMMITTEES

§ 9. Types of electoral committees
(1) Riigikogu elections are organised by the following electoral committees:
1) the National Electoral Committee;
2) the county electoral committees;
3) division committees. 
(2) In the cities of Tallinn and Tartu, the functions of the county electoral committees shall be
performed by the city electoral committee. 

§ 10. Term of authority of electoral committee
(1) The term of authority of the National Electoral Committee shall be four years. 
(2) The term of authority of county electoral committees and the electoral committees of the
cities of Tallinn and Tartu shall be four years. 
(3) Division committees shall be formed before regular and extraordinary Riigikogu elections.
The authority of a division committee shall continue until the new membership of the
committee is appointed. 

§ 11. Member of electoral committee
(1) A person who has the right to vote according to subsections 4(1)-(3) of this Act and whose
authority of a member of an electoral committee has not been terminated in the course of the
last five years by a decision of the National Electoral Committee may be a member of an
electoral committee. A member of an electoral committee shall be proficient in Estonian. 
(2) A person may be a member of only one electoral committee. 
(3) The authority of a member of an electoral committee shall terminate prematurely
1) if it becomes evident that he or she has no right to vote according to subsections 4 (1)-(4)
of this Act;
2) upon his or her resignation;
3) upon his or her death;
4) by a decision of the National Electoral Committee. 
(4) A person may be released from his or her duties as a member of an electoral committee by
a reasoned resolution of the official who or body which appointed him or her either on the
initiative of the official or body or on the proposal of the electoral committee. 
(5) The authority of a member of an electoral committee shall be suspended
1) if he or she becomes an authorised representative of a political party;
2) if he or she becomes an authorised representative of an independent candidate;
3) if he or she is nominated as a candidate for election to the Riigikogu;
4) by a decision of a county electoral committee or the National Electoral Committee.  (6) [Repealed - RT I 2006, 30, 231 – entered into force 14. 07. 2006] 
(7) The authority of a member of an electoral committee shall be restored:
1) in the cases prescribed in clauses (5) 1) and 2) of this section, as of the date when the
election results are announced;
2) in the case prescribed in clause (5) 3) of this section, as of the date following the date when
the candidate is not registered or declines to stand as a candidate or as of the date when the
election results are announced if the candidate is not elected. 
(8) A member of an electoral committee shall not campaign for or against political parties or
candidates. 
(9) A member of an electoral committee shall be independent in the performance of his or her
duties. A member of an electoral committee shall operate pursuant to law and the instructions
of a superior electoral committee. 
[RT I 2006, 30, 231, entered into force 14. 07. 2006] 

§ 12. Working procedures of electoral committee
(1) The work format of an electoral committee shall be a meeting, which shall be convened by
the chairman of the committee or, in his or her absence, by the deputy chairman, and in the absence of both the chairman and the deputy chairman, by the youngest member of the
electoral committee. 
(2) An electoral committee has a quorum if at least one-half of the members of the committee
are present, including the chairman or deputy chairman. 
(3) Minutes shall be taken of the meetings of an electoral committee. 
(4) The meetings of an electoral committee shall be public. Everyone has the right to examine
resolutions of an electoral committee and the minutes of committee meetings. 
(5) An electoral committee shall decide issues within its competence by a majority of votes in
favour. Any dissenting opinion of a member of the committee shall be recorded in the
minutes. 
(6) If the authority of a member of an electoral committee is suspended or terminates, the
chairman shall notify the first alternate member thereof who shall assume the obligations of
the member of the electoral committee. 
(7) On the basis of a resolution of an electoral committee, alternate members or other persons
may participate in election activities. 
(8) If a member of the National Electoral Committee cannot participate in a meeting of the
Committee, an alternate member who has all the rights and obligations of a member of the
Committee, except the rights and obligations of the Chairman or Deputy Chairman, shall
substitute for him or her.  (9) For the time elections are being organised, the employment contract or service relationship
of a member or alternate member of an electoral committee or a person assisting the
committee shall be suspended on the basis of a proposal made by the electoral committee. 
§ 13. Assistance to electoral committee
(1) State and local government bodies, administrative agencies and other agencies are, within
their competence, required to assist electoral committees in the organisation of elections. 
(2) An electoral committee has the right to address state or local government bodies,
administrative agencies or other agencies in writing regarding issues concerning the
organisation of elections. An answer shall be provided to an inquiry made by an electoral
committee within three working days as of the receipt thereof. 

§ 14. Formation of National Electoral Committee
(1) The members of the National Electoral Committee shall be as follows:
1) a judge of a court of first instance appointed by the Chief Justice of the Supreme Court;
2) a judge of a court of appeal appointed by the Chief Justice of the Supreme Court;
3) an adviser to the Chancellor of Justice appointed by the Chancellor of Justice;
4) an official of the State Audit Office appointed by the Auditor General;
5) a public prosecutor appointed by the Chief Public Prosecutor;
6) an official of the Chancellery of the Riigikogu appointed by the Secretary General of the
Riigikogu;
7) an official of the State Chancellery appointed by the State Secretary. 
(2) The members of the Committee shall be appointed not later than on the tenth day before
the authority of the Committee terminates. 
(3) The Chairman and Deputy Chairman of the National Electoral Committee shall be elected by the electoral committee from among its members at the first meeting of the committee. The
first meeting of the electoral committee shall be convened by the Chairman or Deputy
Chairman of the National Electoral Committee not later than on the seventh day after the
beginning of the term of the committee. 
(4) The person who appoints a member of the National Electoral Committee to office shall
appoint an alternate member for the member. 
(5) The Chief Justice of the Supreme Court may appoint a judge as a member of the National Electoral Committee only with the consent of the judge and after considering the opinion of the chief judge of the court. 
(6) Operational and clerical support shall be provided to the National Electoral Committee by
the Chancellery of the Riigikogu. 
(7) The National Electoral Committee shall establish its working procedure. 
(8) National Electoral Committee is entered in the state register of state and local government
agencies.  [RT I 2006, 30, 231, entered into force 14. 07. 2006] 

§ 15. Competence of National Electoral Committee
(1) The function of the National Electoral Committee is to verify voting results and election
results across the whole country, ensure the uniformity of the conduct of Riigikogu elections,
instruct other electoral committees, exercise supervision over their activities and perform
other functions arising from law. 
(2) The National Electoral Committee has the right to:
1) suspend or terminate the authority of a member of a county electoral committee or a
division committee if she or she violates the Riigikogu Election Act, a regulation of the
National Electoral Committee or instructions of a superior electoral committee;
2) issue precepts for the elimination of deficiencies of an act of a county electoral committee
or division committee or a resolution of a county electoral committee;
3) suspend an act of a county electoral committee or division committee or the validity of a resolution of a county electoral committee;
4) to repeal a resolution of a county electoral committee or to declare an act of a division
committee or a county electoral committee unlawful and to issue a precept to the division
committee or county electoral committee for elimination of the violation;
5) to declare the voting results in the polling division, the electoral district, the county, the city
of Tallinn or Tartu or the state invalid and to hold a repeat vote if the violation significantly affected or could have significantly affected the voting results. 
(3) The National Electoral Committee shall issue regulations in the cases prescribed in
subsection (4) of this section. Regulations of the National Electoral Committee shall be signed
by the Chairman. Regulations enter into force on the third day after publication in the Riigi
Teataja. 
(4) The National Electoral Committee shall establish the following by a regulation:
1) the working procedure of the National Electoral Committee;
2) the procedure for the nomination and registration of candidates;
3) the standard format of applications for the registration of candidates, the standard format of
the list of candidates in an electoral district, the standard format of the national lists of
candidates, the standard format of applications to stand as a candidate and the standard format
of the personal data forms of candidates;
4) the standard format of polling lists;
5) the procedure for voting in foreign states;
6) the procedure for the holding of voting and verification of voting results and election
results;
7) the standard format of ballot papers;
8) the standard format of the records of voting results and election results;
9) the status of observer;
10) the procedure for the use of money allocated for the organisation of elections;
11) [Repealed - RT I 2004, 6, 32 - entered into force 14. 02. 2004] 
(5) The National Electoral Committee shall adopt a resolution in order to resolve an
individual matter within the competence of the National Electoral Committee. The resolution
shall be signed by the chairman of the committee. The resolution shall enter into force upon
signature thereof. 
(6) Regulations, resolutions and instructions of the National Electoral Committee shall be
binding on county electoral committees and division committees.