Published on The Estonian Supreme Court (https://www.riigikohus.ee) Home > Constitutional judgment 3-4-1-13-05 Constitutional judgment 3-4-1-13-05 JUDGMENT OF THE CONSTITUTIONAL REVIEW CHAMBER OF THE SUPREME COURT No. of the case Date of decision Composition of court Court case Date of hearing Persons participating at the hearing 3-4-1-13-05 1 September 2005 Chairman Märt Rask, members Tõnu Anton, Eerik Kergandberg, Lea Kivi, Ants Kull Petition of the President of the Republic to declare the Local Government Council Election Act Amendment Act, passed by the Riigikogu on 28 June 2005, unconstitutional 23 August 2005-09-12 Representative of the President of the Republic Arno Allmann; Deputy Chancellor of Justice-Adviser Aare Reenumäe, acting as Chancellor of Justice; Adviser to the Chancellor of Justice Nele Parrest; representative of the Ministry of Justice Kristjan Siigur; representative of the Riigikogu Urmas Reinsalu; Chairman of the National Electoral Committee Heiki Sibul and specialist of the national Electoral Committee Tarvi Martens Decision To dismiss the petition of the President of the Republic FACTS AND COURSE OF PROCEEDING 1. On 27 March 2002 the Riigikogu passed the Local Government Council Election Act (hereinafter ‘LGCEA'), enabling the voters holding a certificate for giving a digital signature to vote electronically on the webpage of the National Electoral Committee on the days prescribed for advance polls. § 74(5) of the Act establishes that Electronic voting is not applied before 2005. 2. On 12 May 2005 the Riigikogu passed the Local Government Council Election Act Amendment Act (hereinafter ‘LGCEAAA'), specifying the norms of LGCEA regulating voting by electronic means. The Riigikogu supplemented LGCEA, inter alia, with § 50(6), which provided for a voter's right to change his or her vote, given by electronic means, either by a new vote by electronic means during advance polls, by a ballot paper during advance polls or by voting by a ballot paper on the day of voting until 16.00. 3. By its resolution No 847 of 25 May 2005 the President of the Republic refused to promulgate the Act due to the conflict thereof with the principle of uniformity of local government council elections, established in § 156(1) of the Constitution, as not all voters are guaranteed equal possibilities for the performance of the act

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