Top court ruling likely to hinder electoral 'political tourism'
The Supreme Court clarified that current law allows local governments to verify the accuracy of a person's residence information in the population register. Such verification does not restrict an individual's freedom to choose their place of residence. This ruling sets a precedent in the context of local elections.
The Supreme Court ruled that local governments have the right to verify the accuracy of residence data in the population register without restricting individuals' freedom to choose their place of residence. This decision sets a precedent in local elections, potentially curbing "political tourism," where candidates run in municipalities where they do not actually live.
The ruling follows a complaint from Isamaa party members about candidates in Elva Municipality allegedly not residing there. The circuit court ordered the municipality to verify their registered addresses. Elva's municipal council later petitioned the Supreme Court, arguing that current laws lack provisions for substantive verification of residence data. The Supreme Court dismissed this, affirming that municipalities already have sufficient means to check residence data using standard administrative procedures, such as requesting explanations, reviewing documents and interviewing witnesses. However, intrusive measures like surveillance are not permitted.
Supreme Court judge Ivo Pilving clarified that local governments should not develop suspicions arbitrarily and that individuals may have multiple residences but must ensure their registered address reflects reality. Local governments must take residence data seriously, as it affects key services like school placements and social welfare.
Still, experts believe the ruling will not significantly change election practices. Political scientist Mihkel Solvak noted it might only affect how parties select well-known candidates for local elections, but most candidates already reside in their municipalities. Riigikogu Legal Affairs Committee Chairman Andre Hanimägi also stated that the ruling confirms the existing system, where individuals determine their own residence and election committees rely on register data.
Elva Council Chairman Sulev Kuus agreed that little will change, as municipalities remain limited in verifying residence claims beyond requesting additional documents. However, candidates who challenged Elva's registration practices see the ruling as a precedent, emphasizing that the local election committee and government must still ensure compliance.
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Editor: Aleksander Krjukov, Martin Erik Maripuu, Merili Nael, Marcus Turovski
