Act No. 4/2010 Concerning the Implementation of a Referendum
Act concerning the implementation of a referendum on whether Act no. 1/2010, on the modification of Act no. 96/2009, authorising the Minister of Finance, on behalf of the Treasury, to guarantee a loan to the Depositors' and Investors' Guarantee Fund from the states of Britain and the Netherlands to reimburse for payments made to depositors of the Landsbanki Íslands hf., will remain in force.
Act No. 4 of 11 January 2010
As soon as possible and no later than the first Saturday in March 2010, a general referendum by secret ballot will be held in accordance with Art. 26 of the Constitution on whether Act no. 1/2010, on the modification of Act no. 96/2009, authorising the Minister of Finance, on behalf of the Treasury, to guarantee a loan to the Depositors' and Investors' Guarantee Fund from the states of Britain and the Netherlands to reimburse for payments made to depositors of the Landsbanki Íslands hf., will remain in force.
The Minister of Justice will decide the date of the referendum after consultation with the National Electoral Commission.
Matters regarding the eligibility to vote and the electoral register to be used in the referendum pursuant to Art. 1 will be resolved in the same manner as in the parliamentary general elections to the Althing. The electoral register will, however, be compared with the population register of the National Registry three weeks prior to polling day and should be accessible to the public for a whole week prior to polling day.
The majority of votes in the whole country decides the result of the referendum.
The following shall be presented on the ballot paper: Act no. 1/2010 stipulates the modification of Act no. 96/2009 which authorises the Minister of Finance, on behalf of the Treasury, to guarantee a loan to the Depositors' and Investors' Guarantee Fund from the states of Britain and the Netherlands to reimburse for payments made to depositors of the Landsbanki Íslands hf. The Althing passed the Act no. 1/2010 but the president vetoed it. Should the Act remain in force?
On the ballot paper two possible answers should be given, i.e. “Yes, it should remain in force” and “No, it should not remain in force”.
The Ministry of Justice will have the ballot papers for the referendum made. The ballot papers for pre-election voting should in a different colour.
The Ministry of Justice shall announce the polling day pursuant to Article 1 no later than three weeks prior to the referendum. A week prior to polling day the question to the electorate should be advertised in the Icelandic National Broadcasting Service and newspapers. It should also announced that Act no. 1/2010, the bill itself and all the documentation regarding the legislation is prominently accessible on the website of Althingi.
Local electoral commissions, senior electoral commissions and the National Electoral Commission are the same as in a parliamentary general elections.
Constituency boundaries, polling stations and polling wards shall be the same as in the last parliamentary general election.
Pre-election voting shall commence after being advertised at the same time countrywide when the ballot papers have been made. In other regards, implementation of pre-election voting shall follow the provisions of the law on parliamentary general elections.
The Ministry of Justice will provide senior electoral commissions with the ballot papers to be used in the referendum. Senior electoral commissions will then forward them to local electoral commissions in the same manner as it is done in parliamentary general elections.
After the referendum, local electoral commissions send the ballot boxes and unused ballot papers in the packaging stipulated in the law on parliamentary general elections directly to the president of the senior electoral commission. At a previously announced time and place the senior electoral commission opens the ballot boxes and the votes are counted in the same manner as stipulated in the law on parliamentary general election, also with regard to the issue whether a vote considered valid or not, and in the processing of disputed ballots. The National Electoral Commission shall appoint agents to represent two different views in the referendum and in the resolution of disputes. A vote shall not be considered invalid unless it is unclear as to how a voter has cast his or her vote.
After the counting, the senior electoral commission sends the National Electoral Commission a transcript of its record of minutes regarding the election, including the ballot papers which agents and the senior electoral commission have not agreed upon. When the National Electoral Commission has received transcripts of all records of minutes regarding the election and all disputed ballot papers, it will announce with suitable notice when it will convene to decide on the validity of disputed ballot papers and declare the results of the referendum so that agents have the opportunity to be present. Following this, the National Electoral Commission announces its results to the Minstry of Justice.
The Ministry announces the results of the referendum in the Legal Gazette and the Icelandic National Broadcasting Service.
If the Act does not come into effect as a result of the referendum the Ministry shall also publish a special announcement in the A section of the Government Gazette as soon as the results of the referendum have been determined.
Regarding the voting itself and the preparation for it, the provisions of the law on parliamentary general elections are valid as applicable.
Electoral commissions will use the same kind of records of minutes as in parliamentary general elections.
Provisions of Art. 114 and chapters XIX, XX, XXIV and XXV of the law on parliamentary general elections are valid as applicable.
Complaints concerning the legality of the referendum, other than criminal complaints, shall be sent to the National Electoral Commission no later than two days prior to the meeting mentioned in Art. 10.
This Act shall enter into force immediately.
Passed in Althingi January 8, 2010