Senate refers Cuba-based voter's complaint against Central Election Commission to district administrative court

A judge of the Administrative Department of Latvia's Senate, part of the Supreme Court, has examined a Latvian citizen's application concerning a decision and the actions of the Central Election Commission (CVK) in connection with the Saeima (parliamentary) elections. Part of the application was rejected, and part was passed to the Administrative District Court. The ruling matters because it clarifies who may challenge election procedures and results, and how.

What the applicant demanded

The applicant turned to the Senate asking it to recognise that the CVK's actions, by failing to give him an opportunity to vote by post in the 15th Saeima elections, violated his electoral rights. He also asked for the decision approving the election results to be annulled. According to his statement, his declared residence and workplace are in the Republic of Cuba.

Why part of the application was not accepted

The judge concluded that an individual voter has no right to appeal a decision approving election results. The legislator has granted that right only to candidates and to those who submit candidate lists. In addition, at the time the application was reviewed, such a decision had not yet been adopted. For this reason, the court declined to accept the application in that part.

What happens with the rest

The part concerning the CVK's allegedly unlawful conduct falls under the general rules on challenging CVK decisions in the Administrative District Court. The separate appeal procedure for decisions linked to the conduct of Saeima elections does not apply to it. The case was therefore forwarded to the Administrative District Court under jurisdiction rules.

The applicant was also exempted from paying the state fee. The grounds were the circumstances he cited: low wages in Cuba and restrictions on transactions linked to that country, which make international payments difficult.