SFS 1992:1433

Source: Rixlex
Issued:
1992-12-17
Updated:
up to SFS 2006:803

Sami Parliament Act (1992:1433)

[Facts & History]

Chapter 1. Introductory provisions

Section 1. This Act provides provisions for a special authority the
Sami Parliament with the primary task of monitoring questions
related to Sami culture in Sweden.
Section 2. In this Act, Sami refers to a person who considers
him/herself to be Sami and
1. ensures that he or she has or have had the Sami language spoken at
home, or
2. ensures that any of his or her parents or grandparents have or have
had the Sami language spoken at home, or
3. has a parent who is or has been listed on the electoral roll of the
Sami Parliament.
What is mentioned in Item 3 first paragraph is not applicable if the
County Administration has decided that the parent should not be listed
on the electoral roll on the basis that the parent is not a Sami. Act
(2006:803).

Chapter 2. The Sami Parliament

Assignments of the Sami Parliament
Section 1. The Sami Parliament shall work for a living Sami culture,
taking initiatives for activities and proposing measures for promoting
this culture. The assignments of the Sami Parliament include, in
particular
1. deciding on the allocation of state subsidies and funds from the Sami
Foundation to Sami culture and Sami organizations, as well as funds
that are intended for the common disposal of the Sami people.
2. appointing the Board of Directors for the Sami school indicated in
Chapter 8 Section 6 of the Education Act (1985:1100),
3. guiding the work on the Sami language,
4. participating in community development and ensuring that Sami
needs are considered, including the interests of reindeer breeding in the
use of land and water,
5. providing information on Sami conditions,
6. performing the additional tasks that pertain to the Sami Parliament
pursuant to legislation or other statutes. Act (2006:803).
Section 1 a. The Sami Parliament may give financial benefits and other
assistance to the groups, parties or similar associations who are or have

been represented in the Sami Parliament (party funding).

The Government or the authority appointed by the Government
provides directions for the size and format of the party funding. The
funding may not be shaped in a way that unduly favours or neglects
any association. Act (2006:803).

Composition of the Sami Parliament, etc.

Section 2. The Sami Parliament shall consist of 31 elected members.
Proxies shall be chosen for the members. For the number of proxies
and how they are to be chosen, the provisions in Chapter 14 Section 15
of the Electoral Act (2005:837) on the election of county councillors
shall apply. The members must be Swedish citizens.
By proposal of the Sami Parliament, the Government appoints the
chairman of the Sami Parliament. The chairman shall be chosen among
the members of the Parliament. The Sami Parliament chooses one or
several vice chairmen among the members. The Sami Parliament may
cancel the assignments of the vice chairmen. Act (2006:803).
Section 3. The Sami Parliament decides when regular meetings shall
be held.
Meetings shall also be held if the Board of Directors or at least one
third of the Parliament members so demand, or if the chairman deems
it necessary.
Section 3 a. Members and proxies have a right to any leave from their
employment that is required to carry out their assignments in the Sami
Parliament, on its Board of Directors and committees. Act (1996:122).

Board of Directors and Committees

Section 4. The Sami Parliament shall, among the members of the
Parliament, choose a Board of maximum seven members and as many
proxies who shall manage the regular operations of the Sami
Parliament. One of the members shall at that time be appointed
chairman.
The Board of Directors shall
1. prepare and present motions in matters that shall be handled by the
Sami Parliament,
2. manage the financial administration,
3. implement the decisions of the Sami Parliament if such
implementation has not been assigned to anybody else,
4. perform the assignments that the Sami Parliament has given to the
Board.
Section 5. The Sami Parliament shall appoint an election committee
responsible for the assignments of the Sami Parliament during an
election to the Sami Parliament.
In addition, the Sami Parliament can appoint the committees required

for preparation, administration and implementation. Act (2004:538).

Section 5 a. The Sami Parliament may revoke the assignments of
elected members of the Board or a committee, when the political
majority of the Board or committee no longer is identical to that of the
Sami Parliament. Act (2006:803).

Case Management
Section 6. The Sami Parliament may only manage cases when over
half its members are present. Each member has one vote.
A member of the Sami Parliament may not participate in the
management of cases that pertain to the member personally or a
spouse, parent, child, sibling or other kindred of the member. Nor may
a member participate in the management of cases with a particular
connection to a Sami village where the member is part of the
administration.
Minutes shall be taken during meetings of the Sami Parliament.
What is mentioned in the first, second and third paragraphs applies
equally to its Board and committees. Act (2006:803).
Section 6 a. The Board and committees of the Sami Parliament make
decisions on issues regarding the administration and the exercising of
authority of the Sami Parliament as well as other issues that fall within
their jurisdiction by law or other statute. Act (2006:803).
Section7. The decisions of the Sami Parliament, its Board and
committees may only be appealed if specific regulations so permit.
Provisions for appeal of the decisions of the Sami Education Board
are based on the Education Act (1985:1100).

Chapter 3. Elections to the Sami Parliament

Section 1. Elections to the Sami Parliament shall be held every four
years (election year). The election day is the third Sunday in May.
Section 2. For elections to the Sami Parliament, the country forms a
constituency. The electoral committee appoints election supervisors
and also carries out the assignments mentioned in this chapter. At
elections to the Sami Parliament, assignments are also carried out by
the central election authority pursuant to the Electoral Act (1997:157)
and by the County Administration in the county where the Sami
Parliament resides. Act (2004:538).

Right to Vote etc.

Section 3. Any person listed on the Sami electoral roll has the right to
vote for the Sami Parliament.
A Sami who registers with the electoral committee, is a Swedish
citizen and, on election day, has turned or will turn 18, is listed on the

Sami electoral roll.

Under the condition of Swedish citizenship in the second paragraph,
the electoral roll shall also include those foreigners who, according to
the national registration database pursuant to Act (2001:182) on the
processing of personal information in the National Tax Board census,
have been registered in the country for three consecutive years before
election day, and who register with the electoral committee. Act
(2003:704).
Section 4. The application to the electoral committee for listing on the
Sami electoral roll must be received at the latest on 20 October in the
year before election year.
A person who has been listed on the Sami electoral roll shall be
deleted by request, or in case of death. Act (2006:803).
Section 5. The electoral committee shall have prepared a preliminary
Sami electoral roll at the latest on 15 November in the year before
election year. The electoral roll shall contain information about
1. Sami who have previously been listed on the Sami electoral roll,
who meet the conditions for the right to vote according to Section 3
and who have not requested to be removed from the electoral roll, and
2. Sami who have registered according to Section 4 and who meet the
conditions according to Section 3.
The preliminary electoral roll shall be made available for scrutiny in
a manner determined by the central election authority in consultation
with the Sami Parliament. The decision regarding the preliminary
electoral roll shall be announced in Post- och Inrikes Tidningar
[Swedish Government newspaper and gazette]. Anyone who has
registered but not been listed on the preliminary electoral roll shall
immediately be notified of this fact. Act (2004:538).
Section 5 a. The person who has registered but not been listed on the
preliminary electoral roll may appeal the decision in that part.
Furthermore, each person who has been listed on the preliminary
electoral roll may appeal the decision concerning somebody elses
listing.
The appeal must be received by the County Administration in the
county where the Sami Parliament resides at the latest on 15 December
of the year before election year.
Appeals of decisions concerning the preliminary electoral roll are
tried at a public hearing of the Country Administration on 15 February
in the election year or, if this day is a Saturday or Sunday, the
following Monday.
Decisions of the County Administration may not be appealed. Act
(2004:538).
Section 6. When all applicable appeals have been settled by the County
Administration, the electoral committee shall establish a final Sami
electoral roll, at the latest on 1 March in the election year, listing Sami

who shall be included on the electoral roll, based on the decision of the
electoral committee or the County Administration. If the County
Administration, after an appeal of the decision about the preliminary
electoral roll, has found that someone is not to be listed on the electoral
roll, this person shall not be listed on the final roll. Act (2004:538).
Section 7. Anyone listed on the Sami electoral roll shall receive
through the central election authority a poll card in the form of an outer
envelope as well as an election envelope and a cover envelope. The
poll cards and envelopes shall be sent to those entitled to vote at the
latest 30 days before election day.
A person entitled to vote who has lost the poll card/outer envelope or
has not received it, is entitled on request to obtain a duplicate poll
card/outer envelope from the central election authority, the County
Administration or the electoral committee. The card must be clearly
marked as a duplicate poll card. Act (2006:803).

Candidates
Section 8. Anyone who has the right to vote for the Sami Parliament
and is a Swedish citizen, is an eligible candidate to the Sami
Parliament, if not otherwise stated in Section 9.
Section 9. Candidates to the Sami Parliament shall be announced to the
central election authority at the latest on 15 March of the election year.
The announcement shall state which group, party or similar association
the candidates belong to, and include the names of at least three
candidates in distinct sequence. The announcement shall also attach a
written declaration from each candidate that he or she has given
permission for the announcement.
In addition, for groups, parties or similar associations that do not
have a mandate in the Sami Parliament, the announcement shall have
the documented support of at least 50 persons, who must be listed in
the final electoral roll for the coming election.
The central election authority decides about registration of groups,
parties or similar associations and candidates. The decision of the
authority may not be appealed.
Other candidates than those representing registered groups, parties or
similar associations are not eligible. Act (2006:803).

Ballots
Section 10. The central election authority issues ballots. On the ballot,
the group, party or similar association as well as at least three
candidates for the group, party or association shall be indicated.
Names of the candidates shall be given a number and be listed in
numerical order underneath each other. Beside each candidates name,
there shall be a space, where the voters can leave a specific personal

vote.
For each registered group, party or association, there may be ballots
with different combinations of candidates. Act (2004:538).
Section 11. The ballots shall be identical in size and material.
Section 12. Each registered group, party or association is given ballots
in the amount that the central election authority decides, the same
amount for all. If there are different ballots for the same group, party or
association, this applies to each such version of the ballot.
Larger quantities of ballots are supplied by the central election
authority if the client pays for the ballots in advance. Act (2004:538).

Voting
Section 13. Anyone with the right to vote for the Sami Parliament may
vote either at a polling station, or by mail to the County Administration
in the county where the Sami Parliament resides (mail voting). Act
(2004:538).
Section 14. The electoral committee decides in what localities the
voting can occur at polling stations. The polling stations shall be open
between 8 a.m. and 8 p.m. on election day.

Voting at a polling station

Section 15. When voting at a polling station, the voter personally puts
the ballot into an election envelope and seals it. The voter gives the
election envelope and the outer envelope that is also a poll card to the
election supervisor. The latter checks that the voter has prepared only
one election envelope and that the envelope does not carry any
unauthorized markings. In the presence of the voter, the election
supervisor then places the election envelope in the outer envelope and
seals it. Finally, the election supervisor retains the outer envelope and
enters the voters name in a special list.
Anyone who lacks the outer envelope that is also a poll card may not
vote. A voter who is unknown to the one receiving the vote must show
identification. If this is not done, the person may not vote. Act
(2006:803).
Section 16. If the election envelope carries unauthorized markings, it
may not be accepted. If the voter has handed over more than one
election envelope, only one may be accepted. If the voter so requests,
all election envelopes shall be returned to the voter. Act (2006:803).
Section 17. When voting at a polling station, Chapter 7 Section 3 and
Chapter 8 Sections 4 and 5 of the Electoral Act (2005:837) shall also
apply.
If the voting is interrupted, any received outer envelopes shall be
safeguarded. Act (2005:843).

Section 18. The election supervisor shall immediately send the

received and sealed outer envelopes to the County Administration in
the county where the Sami Parliament resides, together with the list of
the voters having voted at the polling station. The package shall be sent
by registered mail. Act (2004:538).

Voting by Mail
Section 19. When voting by mail, the voter personally puts the ballot
into an election envelope and seals it. In the presence of two witnesses,
the voter then places the election envelope in the outer envelope that is
also a poll card and seals it. Thereafter, the voter writes on the outer
envelope a sworn declaration that this procedure has been followed.
The witnesses certify in writing that the voter in person has signed the
declaration and that they are unaware of any conditions contesting the
information that the voter has noted on the outer envelope. The
addresses of the witnesses are given on the outer envelope. The
witnesses must have turned 18. The spouse or children of the voter
may not act as witnesses.
When the mail vote package has been prepared according to the first
paragraph, the voter places the package in a cover envelope and seals
it. The package is then mailed to the County Administration in the
county where the Sami Parliament resides.
A voter who is prevented from voting in the prescribed order due to a
physical defect may for this purpose use an assistant. Act (2006:803).
Section 20. A mail vote package shall be delivered at the latest on
election day.
Section 21. Whenever mail vote packages are received by the County
Administration, their number shall be entered in a special record.
Pending the final count and distribution of mandates, the packages
shall be safeguarded. Act (2004:538).

Vote Count
Section 22. At a public function to be started as soon as possible a
week after election day, the County Administration shall scrutinize and
count the votes cast.
During the count, the County Administration tests the validity of the
ballots and announces the decisions based on the test results. Relevant
parts of Chapter 13 Sections 6 and 7, Section 8 first paragraph 1 as
well as the second and third paragraphs of the Electoral Act (2005:837)
shall apply in this respect.
Furthermore, if a name has been added to a ballot, it shall be
considered nonexistent.
Minutes shall be taken at the function. Act (2005:843).
Section 23. The scrutiny starts with a count of the outer envelopes

having been received from the polling stations. The number of

envelopes is compared to the number of votes cast according to the
lists from the polling stations. The voters having voted at a polling
station are then entered on the electoral roll.
If a voter has voted more than once at a polling station, the ballots of
the voter shall be declared invalid, and the outer envelopes with the
voters ballots put aside unopened. Act (2006:803).
Section 24. When the votes to be declared invalid according to Section
23 second paragraph have been put aside and the declaration of
invalidity has been entered in the protocol, it is verified that the
remaining envelopes are closed.
If the outer envelope is sealed, it is opened and the election envelope
is scrutinized. It is then verified that the election envelope is in the
prescribed condition, that the voter has prepared one election envelope
only, and the election envelope does not carry any unauthorized
markings. Act (2000:1214).
Section 25. If no flaw is detected during the scrutiny performed
according to Section 24 the election envelope is put in a ballot box. In
other cases, the vote is declared invalid, and the outer and election
envelopes are put aside. The election envelope shall remain in the outer
envelope. The declaration of invalidity is entered in the protocol. Act
(2000:1214).
Section 26. When the votes from the polling stations have been
processed according to Sections 23-25, the scrutiny continues of the
mail votes that have been received by the County Administration
before the start of the function.
Mail votes that are received after the start of the function are without
further measure put aside. Act (2004:538).
Section 27. Scrutiny of the mail vote packages starts by counting the
cover envelopes, and their number is entered in the protocol. Thereafter
it is verified that
1. the cover envelopes have not been opened after having been sealed,
and
2. the package has not been dispatched after election day.
If no flaw is detected during the scrutiny referred to in the first
paragraph the approved packages shall be further processed according
to the instructions in Section 28. In other cases, the packages are put
aside. The number of packages having been put aside is entered in the
protocol.
Section 28. When the inspection according to Section 27 is concluded,
the approved cover envelopes are opened.
Then it is verified that the same voter has not put more than one outer
envelope in the cover envelope, and has not voted in a polling station
or more than once through mail voting.
If no flaw is detected during the scrutiny referred to in the second

paragraph the outer envelope is further processed according to the

instructions in Section 29. In other cases, the votes in the package are
considered invalid, a declaration is entered in the protocol and the
package is put aside.
Section 29. When the inspection according to Section 28 is concluded,
the outer envelopes of the packages that have not been put aside are
scrutinized.
It is then verified that the package is in the prescribed condition. If
so, the outer envelope is opened and the election envelope is
scrutinized in the same manner as prescribed in Section 24 second
paragraph concerning election envelopes for voting at a polling station.
Act (2000:1214).
Section 30. If no flaw is detected during the scrutiny performed
according to Section 29 the election envelope is put in a ballot box
together with the approved election envelopes from the polling
stations. In other cases, the vote is declared invalid, and the outer and
election envelopes are put aside. The election envelope shall remain in
the outer envelope. The declaration of invalidity is entered in the
protocol. Act (2000:1214).
Section 31. When the count is concluded, packages, outer envelopes
and election envelopes to be put aside and invalid ballots shall be
placed in special covers that are sealed and stored until the election has
gained legal force.
Approved ballots are placed in special covers that are sealed and
stored until the expiry of the election period. Act (2000:1214).
Section 32. When allocating the mandates between groups, parties and
similar associations, the mandates shall be distributed proportionally
based on the election result. The mandates are allocated consecutively
to the group, party or similar, that each time shows the highest
comparative figure. As long as the group, party or association has not
yet received a mandate, the comparative figure corresponds to the
number of votes divided by 1.4. The comparative figure is then
calculated by dividing the number of votes with the number that is one
higher than the double amount of mandates already allocated to the
group, party or association.
One member shall be appointed for each mandate that a group, party
or similar association has received. When a member is appointed, the
rules in Chapter 14 Sections 9 and 10 of the Electoral Act (2005:837)
on parliamentary elections shall apply. To determine an individual
number of votes for a candidate, he/she must in addition have received
at least 25 specific personal votes.
When the County Administration has distributed the mandates in the
Sami Parliament, the election result shall be published in Post- och
Inrikes Tidningar.
The County Administration shall immediately report the election

result to the Sami Parliament and the Government, and issue

certificates to elected members and proxies. Act (2006:803).
Section 32 a. If a member has resigned before the expiration of the
period for which he/she has been elected, the County Administration
shall, following notification by the chairman of the Sami Parliament,
summon a new permanent member pursuant to the provisions in
Chapter 14 Section 21 of the Electoral Act (2005:837) concerning a
new permanent county councillor.
If a proxy of a member has become a permanent member or resigned
as proxy for other reasons, the County Administration shall, following
notification by the chairman of the Sami Parliament, appoint another
proxy pursuant to the provisions in Chapter 14 Section 22 of the
Electoral Act concerning proxy of a county councillor.
The function referred to in the first and second paragraphs is
concluded when the protocol of the function has been presented for
review. After the count, the ballots shall be returned to the cover as
prescribed in Section 31. Act (2006:803).
Section 33. The decisions of the County Administration according to
Sections 22, 32 and 32 a may be appealed at the Election Appeal
Board. A decision may be appealed by anyone who, according to the
electoral roll, was eligible to vote in the election. It may also be
appealed by a group, party or similar association that has participated
in the election.
The appeal shall reach the Election Appeal Board at the earliest the
day after election day, and at the latest within ten days after the
publication of the election results according to Section 32 or 32 a.
When the Election Appeal Board examines the appeals referred to in
this Section, it may revoke the election and order a re-election or
arrange for other less radical measures according to the grounds stated
in Chapter 15 Sections 13 and 14 of the Electoral Act (2005:837). Act
(2005:843).

Re-election
Section 34. For re-election to the Sami Parliament, the central election
authority shall determine the election day, after consultation with the
County Administration in the county where the Sami Parliament
resides and the electoral committee of the Sami Parliament. The
decision may not be appealed. Act (2004:538).
Section 35. The final electoral roll established for the regular election
shall be used during the re-election. Act (2004:538).
Section 36. In other respects, applicable parts of the provisions in this
Act on regular elections shall apply to the re-election. Act (2004:538).

Information in the National Register

Section 37. For updating, completing and checking the Sami electoral
roll, information may be gathered regarding name, person number,
address and citizenship from the National Tax Boards records
regarding information in the National Register. Act (2004:538).

Chapter 4. Repealed by Act (2004:538).

Transitional Provisions
1992:1433
1. This Act shall enter into force on 1 January 1993.
2. The first election to the Sami Parliament is held on 16 May 1993
pursuant to the provisions of this Act. The first meeting of the Sami
Parliament shall occur in August or September 1993.
3. Assignments that, pursuant to this Act, are incumbent on the
electoral committee shall during the first election be performed by an
organizing committee, specially appointed by the Government. A
decision by this committee pursuant to Chapter 3 Section 5 that
someone should not be included in the electoral roll may be appealed
to the County Administration in Norrbotten county.
4. Applications to the Sami electoral roll for participation in the 1993
election to the Sami Parliament must be received by the organizing
committee at the latest on 25 January 1993.