Decree No. 115 / 2003 Coll.
Decree implementing certain provisions of Act No. 114 / 2003 Coll., on the Implementation of a referendum on the accession of the Czech Republic to the European Union and amending certain laws (Law on the Implementation of a referendum)
Valid
Order
Effective from 25.04.2003
Text versions:
25.04.2003
115
DECLARATION
of 22 April 2003
implementing certain provisions of Act No. 114 / 2003 Coll., on the Implementation of the referendum on the accession of the Czech Republic to the European Union and amending certain laws (Act on the Implementation of the referendum)
The Ministry of Interior provides pursuant to Section 42 of Act No. 114 / 2003 Coll., on the Implementation of the referendum on the accession of the Czech Republic to the European Union and on the amendment of certain laws (Act on the Implementation of the referendum):
Establishment and maintenance of special lists
(1) A special list of eligible citizens (1) (hereinafter referred to as "the special list") is kept in the book, the filing system, or through computer technology broken down by permanent constitutionaldistricts and separate constitutions2) (hereinafter referred to as "the district."
(2) The special list shall record the name and, where appropriate, the names, the date of birth, the reason for the entry in the special list, the address of the permanent residence of the registered authority4) and the number of the district in which it will vote. The note shall state who initiated the entry on the separate list.
(3) The entries on any changes to the data in the separate lists referred to in paragraph 2 shall be made by the Municipal Office, the Municipal Office, the Municipality, the Office of the Territorial or Urban District of the City of Prague and the Office of the City of the Capital of Prague (hereinafter referred to as the "Municipal Office") on the basis of the notification of the person who made the initial entry in the Special List and, where appropriate, the previous amendment thereof.
(4) The exclusion from the special list made on the basis of the notification referred to in paragraph 3 shall be notified by the municipal authority in the municipality where the authorised citizen was entered in the special list to the municipal authority in the municipality where the authorised citizen is registered in the permanent list of authorised citizens (5) (hereinafter referred to as the "permanent list ').
(5) Authorised citizens included in a separate list for the reasons set out in Article 5 (2) (a), (b) and (c) of the Law on the implementation of the referendum are listed on separate sheets for each institution, object or establishment. The extract from the separate list shall contain data consistent with those of the separate list.
(6) After the conclusion of the specific list, the municipal authority shall no longer make changes to the data referred to in paragraph 3. Information justifying changes to the data received after the closure of the special list shall be transmitted by the municipal authority to the District Commission.
(7) An authorised citizen who is not on a permanent list or a special list and will appear on the dates of the referendum on the accession of the Czech Republic to the European Union (hereinafter referred to as the "referendum") in the voting room will be entered by the District Commission in the listing of the special list on presentation of the voting card.
(8) If an authorised citizen enters the voting room with a note in the extract from the permanent list that he is included in the separate list, the District Commission shall cancel that remark if it is demonstrated that he did not vote in the district where he is entered in the extract from the special list and that this entry has been cancelled.
Preservation of ballots and other documents on the implementation of the referendum
(1) Before holding a referendum, the Municipal Office shall ensure that the ballots, envelopes and forms are protected in such a way as to prevent their misuse, destruction or theft.
(2) The Municipal Office shall take over all documents of the referendum, with the exception of one copy of the record of the conduct and the outcome of the vote in the district from the district commissions. 6) Voting papers and used official envelopes shall be kept until the results of the referendum are declared by the President of the Republic in the Collection of Laws or, where appropriate, by the declaration of the Constitutional Court's finding that the procedure for the implementation of the referendum was not in accordance with the constitutional law on the referendum of the Czech Republic on the accession of the European Union or the law issued for its implementation. After this deadline, it shall leave for archiving 3 unused ballot cards for a referendum; other ballots will be destroyed.
(3) In the capital of Prague, the municipal office, in the cities of Brno, Ostrava, Plzeň, the municipal office or district, will keep the other documents concerning the referendum.
(4) The documentation on the financial costs of the referendum shall be stored separately from the other documents.
(5) For documents concerning the holding of the referendum, the following shredding features and deadlines shall be laid down:
(a) the shredder sign A for ballots, the record of the course and the result of the vote; the shredding period shall be set for a period of 10 years;
(b) the V-shredder for further documentation; the shredding period shall be set at 5 years.
(6) At the end of the shredding period, specific legislation shall be followed. 8)
Models of documents needed for the implementation of the referendum
(1) For a referendum, Annex 1 to this Order sets out models for:
1.
2. Notification of the time and place of the referendum on the accession of the Czech Republic to the European Union
3. Promise of the Rector and Members of the District Commission
4. Voting Card
5. Voting Card
6. Record of refusal of registration and result of the vote in the Czech Statistical Office.
(2) For a referendum, Annex 2 to this Order sets out the model forms for:
1a. Card of a member of the District Commission
1b. Recording ID of the District Commission
2. Minutes of the progress and outcome of the vote in the precinct.
(3) If the District Commission uses the software supplied by the Czech Statistical Office, 9) replace the press outputs from this program with the forms referred to in paragraph 2 (2).
Amount of the special remuneration for the performance of the duties of a member of the District Commission, the manner in which it is to be paid and paid
(1) In the implementation of the referendum, a member of the District Commission is responsible for the performance of a special remuneration of CZK 800 and the chairman of the District Commission for CZK 1,000.
(2) The special remuneration referred to in paragraph 1 shall be paid to the President and the other members of the District Commissions within 30 calendar days of the end of the activities of the District Committee11). In the event that a member of the District Commission or the chairman of all the meetings of the Commission does not participate, the Municipal Office shall reduce the total amount of the special remuneration fixed in accordance with paragraph 1 in proportion to the record of their participation in the deliberations of the District Commission.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Mgr. Gross v. r.
Příloha č. 1
Annex No 1 to Decree No. 115 / 2003 Coll.
Příloha č. 2
Annex No 2 to Decree No. 115 / 2003 Coll.
1) Article 5 of Act No. 114 / 2003 Coll., on the Implementation of the referendum on the accession of the Czech Republic to the European Union and on the amendment of certain laws (Act on the Implementation of the referendum).
2) Article 26 of Act No. 491 / 2001 Coll., on elections to the municipal councils and on the amendment of certain laws.
3) § 61 of Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the amendment of certain related laws.
4) § 3 (1) of Act No. 114 / 2003 Coll.
5) Article 5 of Act No. 114 / 2003 Coll.
6) § 33 paragraph 5 of Act No. 114 / 2003 Coll.
7) Paragraph 1 of Act No 314 / 2002 Coll., on the establishment of municipalities with entrusted municipal office and the establishment of municipalities with extended competence.
8) Act No. 97 / 1974 Coll., on archiving, as amended by Act No. 343 / 1992 Coll., Act No. 27 / 2000 Coll., Act No. 120 / 2001 Coll., Act No. 107 / 2002 Coll. and Act No. 320 / 2002 Coll. Decree No. 117 / 1974 Coll., laying down criteria for the assessment of documents as archives and details of the shredding procedure.
9) § 13 of Act No. 114 / 2003 Coll.
10) § 36 of Act No. 114 / 2003 Coll.
11) § 39 of Act No. 114 / 2003 Coll.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 115 / 2003 Coll., implementing certain provisions of Act No. 114 / 2003 Coll., on the Implementation of a referendum on the accession of the Czech Republic to the European Union and amending certain laws (Act on the Implementation of a referendum) |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.04.2003 |
|---|---|
| Effective from | 25.04.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0