Presidential election reforms to move from justice ministry to Riigikogu

According to Riigikogu Speaker Lauri Hussar (Eesti 200), a law could be passed ahead of the next presidential elections in Estonia, due a year and a half from now, which would grant the powers to reform those elections to the Riigikogu, and away from the Ministry of Justice.
Estonia's presidents are not elected directly by the people, but instead by the Riigikogu in the first instance, passing to a regional electoral college if no unifying candidate is found.
Justice Minister Liisa Pakosta, Hussar's party mate, said that her ministry now has different priorities, and agreed with the change.
"First, we have a number of new tasks, and second, this bill is very suitable for the Riigikogu," Pakosta said.
"I don't think we should underestimate the work of the Riigikogu, nor should we underestimate its ability to initiate draft bills," the minister went on.
Pakosta noted that the proposed presidential election law could be expedited via the Riigikogu better than if the process were led by her ministry.
She said: "When a bill is initiated by a ministry — meaning the executive branch — it indeed goes through a lengthy and thorough process: A concept development plan, feedback analysis, drafting the bill, one or several rounds of consultations, and then the government review before it finally reaches the Riigikogu."

"If the Riigikogu itself drafts the bill, it can proceed much faster, bypassing those concept development stages," Pakosta went on.
"The parties in the Riigikogu can sit down and lead this work themselves. To my knowledge, for example, Riigikogu Speaker Lauri Hussar has already held relevant discussions," the minister added.
The current Reform-Eesti 200-SDE administration promised in its coalition agreement to amend the presidential election law as it is X, to allow for the earlier nomination of candidates.
Public discussions go on every five years, ie. every time a presidential election is held, on making the procedure more transparent or better; the failure to elect a president in 2016 and criticisms in 2021 on the law limiting nominations to just four days before the vote, are included in these discussions.
Politicians have also sought to reform the presidential election procedure in the past.
According to the government's agreed work plan, Minister Pakosta was due to present a draft concept for amending the law a month ago, but explained that the ministry's priorities had shifted, meaning the Riigikogu would now take on the task.
Pakosta did not give a direct answer as to how far the ministry had progressed with that concept development plan.
Minister Pakosta noted that since this is an election law, it should be amended at least a year before those elections, to allow enough time for the changes to take effect.
Hussar: A clear step forward
Speaker Hussar said that he has not yet discussed the reform with the parliamentary factions, adding: "No meetings have taken place so far because the government's action plan is still being revised."
Hussar also linked the presidential election reform to the ongoing bill being debated in the Riigikogu, which aims to revoke voting rights in local elections from citizens of aggressor states.
This bill is important because the electoral college that elects the president includes not only Riigikogu members but also representatives from the cities and rural municipalities.

Up to now, Russian and Belarusian citizens resident in Estonia have been able to vote in local elections, as have all foreign nationals resident in the country.
Hussar also said that, unlike with the process of revoking voting rights for Russian citizens in this year's local elections, amending the presidential election legislation does not require a constitutional change but only a majority vote in the Riigikogu.
"If you look at the proposal currently on the table at the Riigikogu to amend the Constitution for this year's local elections, then there is definitely enough time to prepare for the presidential elections more than a year and a half from now," Hussar said.
"Furthermore we are not amending the Constitution, we are simply amending the law," went on said, referring to the changes in the presidential election law.
Hussar had told ERR in September that while there has been much discussion about amending the presidential election law, no action had been taken. LINK
By contrast, he is now stressing the fact the Riigikogu will take up the matter is a significant step forward.
Isamaa leader: Coalition's intentions unclear
Meanwhile Urmas Reinsalu, chairman of the opposition Isamaa party, said that the coalition's exact aim in amending the presidential election law remains unclear to him, adding he is waiting for more concrete proposals from the ruling parties on how they actually intend to change the procedure.
Reinsalu said: "I'm a bit skeptical as to whether they fully understand themselves what they collectively agreed on a year ago."
The Isamaa chair pointed out that if the coalition only plans to make minor amendments to the presidential election law, this would merely constitute cosmetic substitute activity.
"If we talk about the substantial issues currently facing Estonia, such as the economy and security, my appeal to all political forces is to focus on what is essential," Reinsalu went on.
Substitute activities, which are such simply because they seem more convenient or simpler than some other topics, should be minimized to avoid wasting management resources on unnecessary initiatives, he added.
If the coalition comes up with concrete proposals, Isamaa is ready to discuss and analyze them, Reinsalu went on.
Reinsalu also noted the fall in the number of local governments which resulted from the administrative reforms of 2017.

This has led to considerably fewer representatives from cities and municipalities in the electoral college, compared to Riigikogu members.
That electoral college is convened if voting on Estonia's next president draws a blank – which is indeed what happened in 2016, though the electoral college itself, which meets in the capital, failed to vote in a new head of state either.
In the event, the matter went back, as per the Constitution, to the Riigikogus' Council of Elders, comprising party chief whips and the Riigikogu speaker and their deputies, which voted in Kersti Kaljulaid as president.
In 2021 by contrast, Alar Karis ran essentially unopposed, and was voted president in the second ballot held at the Riigikogu.
The next presidential election in Estonia will take place in 2026.
The second Reform-Eesti 200-SDE coalition agreement included the justice ministry, and minister, also taking on the digital affairs role.
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Editor: Johannes Voltri, Urmet Kook, Andrew Whyte