Composition, competence and functions of the National Electoral Committee
Composition of the National Electoral Committee
The National Electoral Committee is formed pursuant to the Riigikogu Election Act. The term of authority of the National Electoral Committee is four years. The National Electoral Committee comprises the following members:
- a judge of a court of first instance appointed by the Chief Justice of the Supreme Court;
- a judge of a court of appeal appointed by the Chief Justice of the Supreme Court;
- an adviser to the Chancellor of Justice appointed by the Chancellor of Justice;
- an official of the State Audit Office appointed by the Auditor General;
- a public prosecutor appointed by the Chief Public Prosecutor;
- an official of the Government Office appointed by the State Secretary;
- an information systems auditor appointed by the management board of the Board of Auditors.
Functions of the National Electoral Committee
Compliance with the fundamental principles of elections
The National Electoral Committee ensures compliance with the principles of freedom, generality, uniformity and directness of voting as well as the secrecy of voting.
The National Electoral Committee has the right to issue precepts to the elections managers for the protection of the election principles or ensuring the subjective rights of a person.
Supervision over the elections managers
The National Electoral Committee exercises supervision over performance of the functions of the State Electoral Office arising from the laws concerning elections.
Registration of candidates
The National Electoral Committee registers all candidates nominated in accordance with the requirements at the Riigikogu and the European Parliament elections. The National Electoral Committee revokes the resolution to register a candidate pursuant to the procedure provided for by the law if the candidate declines to stand as a candidate, the candidate dies, or the candidate does not comply with the requirements of the right to stand as candidate.
Ascertaining of voting results and election results across the whole country
The National Electoral Committee ascertains the voting results at the Riigikogu and the European Parliament elections as well as at referendums on the basis of the voting results records of counties and of voters residing in foreign states and the voting results of voters who voted electronically.
The National Electoral Committee ascertains the election results on the basis of the national voting results. The National Electoral Committee registers the elected members of the Riigikogu and the European Parliament by its resolution. The election results are deemed to be declared on the date following publication of the resolution of the National Electoral Committee in the Riigi Teataja.
The National Electoral Committee also registers the alternate members of the Riigikogu and the European Parliament, and refunds the security pursuant to conditions provided by the law.
Review of complaints
Individuals, political parties, election coalitions (at municipal elections) or independent candidates who find that their rights have been infringed by an act of the elections manager have the right to file a complaint to the National Electoral Committee pursuant to the procedure provided for by the law within three days as of making the contested act or reviewing the notice provided for in Article 68 of the Riigikogu Election Act. The National Electoral Committee reviews the complaint within five working days.
The National Electoral Committee also reviews the complaints of interested persons on the activities of rural municipality and city electoral committees in suspending or terminating the authority of members of councils.
Ensuring the general principles of electronic voting
The National Electoral Committee establishes by a resolution the technical requirements for ensuring the general principles of the organisation of electronic voting and the description of the organisation of electronic voting.
The National Electoral Committee has the right to decide not to start electronic voting or to terminate electronic voting if the security or reliability of the electronic voting system cannot be ensured in such a way that electronic voting could be conducted pursuant to the requirements of the law.
Declaration of invalidity of voting results
The National Electoral Committee has the right to annul the votes cast in the advance voting partially or in full due to material violation of the law and call on the voters to vote again during advance voting or on election day.
The National Electoral Committee has the right to declare the voting results in a voting district, electoral district, county, in Tallinn, in the city of Tartu, or in the state invalid or to declare the electronic voting results invalid in full or partially. This can be done if a violation significantly affected or could have significantly affected the voting results. If the voting results are declared invalid, a repeat vote is held.