First instance body dealing with electoral disputes

Lithuania

Lithuania

Answer
  • EMB (lower level)
  • EMB (highest level)
  • Administrative Court
Source

Law on Elections to the Seimas (as of 2012, in English)

Article 16. The constituency electoral committee shall:

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

Article 18. The polling district committee shall:

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

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

1) an appeal against a polling district committee decision shall be lodged with the constituency electoral committee;

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

3) an appeal against the Central Electoral Commission decision shall be lodgedwith the Supreme Administrative Court of Lithuania.

Article 86. 1. Parties which have nominated a candidate for Seimas member, candidates for Seimas member, their representatives for elections, election observers may appeal against the decisions of polling district electoral committees concerning the drawing up of vote counting records to the constituency electoral committee not later than within 24 hours of their drawing up. These complaints must be investigated no later than within 24 hours.

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

Comment

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

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