democracy it is important that only one vote per voter be taken into account. In regard to voting by
electronic means the taking into account of one vote per voter shall be guaranteed by the same methods,
which are used when counting the votes given outside the polling divisions of one's residence.
Proceeding from the principle of uniformity the state shall take measures to prevent the purchasing of votes,
otherwise it would be possible to obtain more than one vote either in consideration for benefits or under the
influence of a threat. Purchasing of an electronic vote becomes less reasonable only when an electronic vote
can be changed by another electronic vote or by a ballot paper.
10. The Chancellor of Justice is of the opinion that § 15 of the LGCEAAA, contested by the President of the
Republic, is constitutional.
Proceeding from the principle of uniform elections the state shall enact regulations enabling all voters to
vote in equal manner. By the contested Act the state has guaranteed all voters a legal possibility to vote in
similar manner, including the right to vote by electronic means and to change the vote given by electronic
means. According to the valid law it is possible to change a vote given by a ballot paper outside the polling
division of one's residence during advance polls. The principle of uniformity can not be interpreted as a
requirement that all voters must in fact vote in a similar manner. Uniformity means, first and foremost, the
requirement that all voters have equal possibilities to influence the voting result.
If uniformity were interpreted as the prohibition to change one's vote during voting, the restriction of the
principle of uniformity would be justified with the principles of freedom to vote and secret voting. The
possibility to change the vote given by electronic means renders the influencing of the will of a voter by
illegal means useless and pointless, and is thus an additional guarantee, supplementing the measures of penal
law, for guaranteeing the principle of free voting when voting by electronic means. To those persons who
did not vote secretly the possibility to change one's vote gives an essential remedy for restoring the secrecy
of voting.
Bearing in mind the values underlying different electoral principles and the weight thereof, the apparent
infringement of the principle of uniformity is justified by the need to protect the principles of freedom to
vote and secrecy of voting.
11. The Minister of Justice does not concur with the position of the President of the Republic and is of the
opinion that the contested Act is not unconstitutional.
The principle of uniformity means that all voters have an equal number of votes and that the votes of voters
of different electoral districts have more or less the same weight. The principle of uniformity does not
require absolute equalisation of voting conditions and procedures. Estonian electoral law recognises different
methods of voting, which are all deemed to be in conformity with the principle of uniformity. Uniformity is
meant to protect a voter against unequal treatment upon considering the influence of his or her vote on
voting results. The possibility to change one's vote does not increase the influence of the vote in comparison
to the vote of a person voting through any other channel. At local government council elections there is the
possibility to change one's vote both upon voting by electronic means as well as upon voting by a ballot
paper at a polling division.
Even if we considered the possibility to change votes as a restriction to the principle of uniformity, the
restriction still serves a reasonable aim and is a proportional one. The aim of the contested Act is to
sufficiently guarantee the secrecy of voting, and through this, the freedom to vote. When there is a
possibility to change one's vote, the influencing of voters in an uncontrolled voting medium becomes
pointless. In the present case the highest possible degree of equal treatment of voters using different voting
channels is guaranteed, a degree that can be considered compatible with the requirements to voting via
uncontrolled medium, proceeding from the principle of freedom of voting.
12. The National Electoral Committee points out that the preclusion of several votes by one voter, i.e. the