Conviction needed to remove Uzulnieks from election list

Reinis Uzulnieks, the leader of the Union of Greens and Farmers’ Zemgale candidate list who was caught driving under the influence, can no longer be removed from the parliamentary election list by either his party or the Central Election Commission, LSM reports. A conviction would be required, and that is unlikely before the election, said Central Election Commission Secretary Ritvars Eglājs.

Votes cast for Uzulnieks will still be counted when the election results are calculated. If he is convicted, however, he would lose his mandate as a member of parliament. He could also theoretically decline the mandate himself.

Uzulnieks, a former welfare minister, was expelled from the Latvian Farmers’ Union, which is part of the Union of Greens and Farmers, after driving under the influence. He could face up to one year in prison, probation supervision and a five-year driving ban.

Latvia’s parliamentary election law prohibits the nomination and election of a person convicted of an intentional criminal offence. However, it is unlikely that Uzulnieks’ case will reach a final court judgment before the election.

“Most likely, it will not reach that stage by then, and the Central Election Commission has no legal grounds to remove the candidate from the list,” Eglājs told LSM.

He said the requirement for a conviction was historically included in the law to prevent those in power from excluding opposition candidates before an election by imprisoning them, launching criminal proceedings or using similar methods. A court ruling can also be appealed, meaning a final decision from the highest instance may be required.

After charges are brought in cases of this type, there are three possible outcomes, according to information reported by LETA: the prosecution can impose a penalty itself; it can reach an agreement with the accused on an admission of guilt and a sentence and ask the court to approve it; or the case can be sent to court for a hearing under the general procedure.

The parliamentary election law also states that registered candidate lists cannot be withdrawn. As a result, neither the party nor the candidate can remove themselves from the list.