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Constitution of the Republic of Estonia (1992) (excerpts related to elections) (English)
The Constitution of the Republic of Estonia
adopted in referendum held on 28 June 1992
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Chapter III
The People
§ 56.
The supreme power of state shall be exercised by the people through citizens with the right to vote:
1) by electing the Riigikogu;
2) through a referendum.
§ 57.
An Estonian citizen who has attained eighteen years of age has the right to vote.
An Estonian citizen who has been divested of his or her legal capacity by a court does not have the right to vote.
§ 58.
Participation in voting may be restricted by law for Estonian citizens who have been convicted by a court and are serving sentences in penal institutions.
Chapter IV
The Riigikogu
§ 59.
Legislative power is vested in the Riigikogu.
§ 60.
The Riigikogu shall be comprised of one hundred and one members. Members of the Riigikogu shall be elected in free elections on the principle of proportionality. Elections shall be general, uniform and direct. Voting shall be secret.
Every Estonian citizen who has attained twenty-one years of age and has the right to vote may be a candidate for the Riigikogu.
Regular elections to the Riigikogu shall be held on the first Sunday in March of the fourth year following the preceding Riigikogu election year.
Extraordinary elections to the Riigikogu shall be held, in the cases prescribed in §§ 89, 97, 105 and 119 of the Constitution, not earlier than twenty and not later than forty days after the elections are declared.
The procedure for the election of the Riigikogu shall be provided by the Riigikogu Election Act.
§ 61.
The authority of the members of the Riigikogu shall commence on the day the results of the elections are announced. The authority of the members of the preceding Riigikogu shall terminate on the same day.
Before assuming his or her duties, a member of the Riigikogu shall take an oath of office to remain loyal to the Republic of Estonia and to its constitutional order.
§ 62.
A member of the Riigikogu shall not be bound by his or her mandate, or be bear legal liability for votes cast or political statements made by him or her in the Riigikogu or in any of its bodies.
§ 63.
A member of the Riigikogu shall not hold any other state office.
A member of the Riigikogu is exempt from the duty to serve in the Defence Forces during his or her term of office.
§ 64.
The authority of a member of the Riigikogu shall be suspended upon his or her appointment as a member of the Government of the Republic, and shall be restored upon release from his or her duties as a member of the Government.
The authority of a member of the Riigikogu shall terminate prematurely:
1) upon his or her assumption of another state office;
2) upon the entry into force of a conviction by a court against him or her;
3) upon his or her resignation, pursuant to procedure provided by law;
4) if the Supreme Court decides that he or she is incapable of performing his or her duties for an extended period;
5) upon his or her death.
Upon the suspension or premature termination of the authority of a member of the Riigikogu, he or she shall be replaced by an alternate member, pursuant to procedure provided by law. An alternate member has all the rights and duties of a member of the Riigikogu.
The authority of an alternate member shall terminate upon the restoration of the authority of the member of the Riigikogu.
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Chapter V
The President of the Republic
§ 79.
The President of the Republic shall be elected by the Riigikogu, or, in the case provided by paragraph four of this section, by an electoral body.
The right to nominate a candidate for President of the Republic rests with not less than one-fifth of the membership of the Riigikogu.
An Estonian citizen by birth who has attained forty years of age may be nominated as a candidate for President of the Republic.
The President of the Republic shall be elected by secret ballot. Each member of the Riigikogu shall have one vote. A candidate in favour of whom a two-thirds majority of the membership of the Riigikogu votes shall be considered elected. If no candidate receives the required majority, a new round of voting shall be held on the next day. Before the second round of voting, a new nomination of candidates shall be held. If no candidate receives the required majority in the second round of voting, a third round of voting shall be held on the same day between the two candidates who receive the greatest number of votes in the second round. If the President of the Republic is still not elected in the third round of voting, the Chairman of the Riigikogu shall, within one month, convene an electoral body to elect the President of the Republic.
The electoral body shall be comprised of members of the Riigikogu and representatives of the local government councils. Each local government council shall elect at least one representative to the electoral body, who must be an Estonian citizen.
The Riigikogu shall present the two candidates who receive the greatest number of votes in the Riigikogu to the electoral body as candidates for President. The right to nominate a candidate for President also rests with not less than twenty-one members of the electoral body.
The electoral body shall elect the President of the Republic by a majority of the voting electoral body members. If no candidate is elected in the first round, a second round of voting shall be held on the same day between the two candidates who receive the greatest number of votes.
The specific procedure for the election of the President of the Republic shall be provided by the President of the Republic Election Act.
§ 80.
The President of the Republic shall be elected for a term of five years. No one shall be elected to the office of President of the Republic for more than two consecutive terms.
The regular election of the President of the Republic shall be held not earlier than sixty and not later than ten days before the end of the term of office of the President of the Republic.
§ 81.
The President of the Republic shall assume office by swearing the following oath of office to the people of Estonia before the Riigikogu: "In assuming the office of President of the Republic, I (given name and surname), solemnly swear to steadfastly defend the Constitution and the laws of the Republic of Estonia, to exercise the power entrusted to me in a just and impartial manner, and to faithfully perform my duties with all of my abilities and to the best of my under-standing, for the benefit of the people of Estonia and the Republic of Estonia."
§ 82.
The powers of the President of the Republic shall terminate upon:
1) his or her resignation from office;
2) the entry into force of a conviction by a court against him or her;
3) his or her death;
4) the assumption of office of the new President of the Republic.
§ 83.
If the President of the Republic is incapable of performing his or her duties for an extended period as decided by the Supreme Court, or if he or she is temporarily unable to perform them as in the cases specified by law, or if his or her powers have terminated prematurely, then his or her duties shall temporarily transfer to the Chairman of the Riigikogu.
During the time that the Chairman of the Riigikogu is performing the duties of the President of the Republic, his or her authority as a member of the Riigikogu shall be suspended.
The Chairman of the Riigikogu, acting as President of the Republic, does not have the right, without the consent of the Supreme Court, to declare extraordinary elections to the Riigikogu or to refuse to proclaim laws.
If the President of the Republic is unable to perform his or her official duties for longer than three consecutive months, or if his or her powers terminate prematurely, the Riigikogu shall elect a new President of the Republic within fourteen days, pursuant to § 79 of the Constitution.
§ 84.
Upon assuming office, the authority and duties of the President of the Republic in all elected and appointed offices shall terminate, and he or she shall suspend his or her membership in political parties for the duration of his or her term of office.
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Chapter VII
Legislation
§ 104.
The procedure for the passage of laws shall be provided by the Riigikogu Procedure Act.
The following laws may be passed and amended only by a majority of the membership of the Riigikogu:
2) Riigikogu Election Act;
3) President of the Republic Election Act;
4) Local Government Election Act;
5) Referendum Act
§ 105.
The Riigikogu has the right to submit a bill or other national issue to a referendum.
The decision of the people shall be made by a majority of the participants in the voting.
A law which is passed by a referendum shall promptly be proclaimed by the President of the Republic. The decision of the referendum shall be binding on all state institutions.
If a bill which is submitted to a referendum does not receive a majority of votes in favour, the President of the Republic shall declare extraordinary elections to the Riigikogu.
§ 106.
Issues regarding the budget, taxation, financial obligations of the state, ratification and denunciation of international treaties, the declaration or termination of a state of emergency, or national defence shall not be submitted to a referendum.
The procedure for holding a referendum shall be provided by the Referendum Act.
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Chapter XIV
Local Government
§ 155.
Local governments are rural municipalities and cities.
Other local governments may be formed on the bases of and pursuant to procedure provided by law.
§ 156.
The representative body of a local government is the council which shall be elected in free elections for a term of three years. The elections shall be general, uniform and direct. Voting shall be secret.
In elections to local government councils, persons who reside permanently in the territory of the local government and have attained eighteen years of age have the right to vote, under conditions prescribed by law.
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