Government Decree No. 120 / 1946 Coll.
Regulation on the renewal of national committees on the basis of the outcome of elections to the Constitutional National Assembly
Valid
Effective from 06.06.1946
120.
Government Regulation
of 27 May 1946
on the renewal of the national committees on the basis of the outcome of the elections to the constituent National Assembly.
According to Article 3 of the Constitutional Decree of 4 December 1944 of the President of the Republic, the Government of the Czechoslovak Republic hereby orders the President of the Republic, No 18 OJ No (Annex to Decree No. 43 / 1945 Coll.), on national committees and provisional National Assembly:
Principles.
The composition of the regional, regional and local national committees (central national committee of the capital city of Prague) and their components will be adapted to the outcome of the elections to the constitutional National Assembly held on 26 May 1946, by renewing the national committees according to the proportion of votes cast by the political parties in those elections within the remit of the national committee concerned. To this end, valid votes cast to political parties in elections to the constituent National Assembly shall be deemed to be votes cast to the lists of candidates submitted by those parties under this Regulation.
Election committees.
(1) The distribution of mandates in renewed national committees will be carried out by election committees,
for the Regional National Committees, the Regional Election Committee,
for the Regional National Committees, the Regional Election Committee,
for local national committees, the local election committee.
(2) The members of the Election Committees are two representatives for each political party which has submitted a list of candidates within the prescribed time limit. Each member of the Election Committee shall have an alternate.
(3) The election committees referred to in paragraph 1 shall meet as follows:
(a) The Regional Election Committee shall meet at its first meeting without invitation on 12 June 1946 at 10 a.m. at the office of the President of the Regional National Committee.
(b) The Regional Electoral Committee shall meet at its first meeting without invitation on 18 June 1946 at 10 a.m. at the Office of the President of the District National Committee.
(c) The local election committee shall meet at the first meeting without invitation on 25 June 1946 at 10 a.m. at the office of the President of the local national committee.
(4) Further meetings of the Election Committees shall meet without special invitation, as appropriate, at a time and place to be determined by them.
(5) The Election Committee shall elect its chairman at the first meeting by a majority vote. Election shall be governed by the oldest member of the Election Committee. The Election Committee shall be able to vote in the presence of an absolute majority of the members, in which case it shall also be counted as a member of the alternate who shall take the seat of the absent member.
(6) If the Election Committee is not capable of a resolution in the first place or in one of the other meetings, it shall meet in 48 hours after that without a special invitation at the same place and shall be capable of a resolution for each number of persons present.
List of candidates.
(1) The political parties applying for representation in the renewed national committees shall submit the lists of candidates to the Chairpersons of the national committees for renewal,
for the Regional National Committees until 11 June 1946,
for district national committees until 17 June 1946,
for local national committees by 24 June 1946, by 12 noon.
(2) Only persons whose entry in the permanent electoral lists is not marked as an obstacle to the exercise of the right to vote (Section 24 of the Law of 21 February 1946, No. 28 Coll., on the modification of the permanent electoral lists) may be included in the lists and who are resident on the date of filing of the list of candidates in the district of the national committee for renewal.
(3) The lists of candidates must contain:
(a) the designation of the political party;
(b) the name, surname, employment and residence of the candidates. The order of each candidate shall be marked with an Arabic figure.
(4) The number of candidates per candidate list shall not exceed by more than half the number of members of the national committee whose renewal is concerned.
(1) The lists of candidates for the renewal of the local national committees shall be submitted and the representative shall be appointed to the local election committee by a political party who has received votes in the district of the local national committee during the elections to the constituent national assembly, through its local organisation, in the district of which the main building of the local national committee is located and, if not such local organisation, via the relevant regional organisation.
(2) The lists of candidates for the renewal of the District National Committees are submitted and the representative to the District Election Committee is appointed by the political party through its regional organisation.
(3) The Charter of Candidates for the Reconstruction of the Regional National Committees shall be submitted and the representative to the Regional Election Committee shall be appointed by a political party through his Bureau.
(4) The appointment of members of the Election Committees shall be notified in writing to the President of the National Committee for renewal within the time limit set for the submission of the documents of candidates.
Duties of the chairmen of the national committees.
(1) The chairmen of the national committees to be renewed shall be required to accept the lists of candidates and to make written announcements of the appointment of the members of the election committees, to present them at the first meeting of the Election Committee and to arrange for the election committees to be able to fulfil the tasks assigned to them in full.
(2) If the chairman of the national committee fails to fulfil any of these obligations, the competent authority responsible shall designate the person to carry out the task in question.
Mandate layout.
(1) The election committees shall set out mandates according to the principle of proportional representation as follows:
1. The sum of the votes in force cast within the perimeter of the national committee for which it is concerned shall be divided by one of the members of the national committee concerned, which shall be divided in due time. The whole number closest to the higher result of division is the electoral number.
2. The election number shall be divided by the number of votes cast for each political party, after which the election committee shall give each political party as many mandates as the number of votes cast for the political party cast.
3. If not all mandates have been allocated in this way, the remaining mandates shall be directed gradually to the political parties who have declared the largest remainder of the division in the division. If the remainder of the split is equal to each other, the mandates of a political party shall be assigned to a greater number of votes; If the number of votes is equal, the ticket shall decide.
4. If the number of votes would be divided by one more mandate than the number of members of the national committee, the mandate of the political party having the least remainder of the division shall be subtracted and, with the same remainder, a smaller number of votes; If the number of votes is equal, the ticket shall decide.
(2) The mandates are allocated to candidates in the order in which they are listed on the lists of candidates.
(3) Candidates who have gone out of business in the layout of mandates are alternates and are taking up vacancies in the order in which they were listed on the lists of candidates.
Announcement of recovery results.
(1) The result of the layout of the mandates will be published by the local election committee in the manner in the municipality by the usual and public decree, by the district election committee by a public decree and by the regional election committee by a decree published in the Official Journal.
(2) The decree shall also specify the time and place of the meeting of the renewed National Committee, which shall then meet without special invitation.
Objection.
(1) The decision of the Election Committee may be objected in writing to by a political party which has made a timely list of candidates within eight days of the date of the announcement of the result of the renewal (Paragraph 7) of the renewed National Committee. The objections shall not have suspensory effect.
(2) If the decision of the local election committee is taken, the Regional Electoral Committee shall decide on the objections, if the decision of the Regional Electoral Committee or the local election committee of the Statutory City, the Regional Electoral Committee, if the decision of the Regional Electoral Committee, the Minister of the Interior, is taken. The decision on objections, made in accordance with the provisions of the preceding sentence, shall be final.
Prague capital.
(1) The Central National Committee of the City of Prague and the Prague District Council will be renewed in the same way as provided for in this Regulation.
(2) The central national committee of the capital city of Prague will be renewed according to the result of the elections to the constitutional National Assembly in the entire district of the capital of Prague, the district council will be renewed according to the result of the elections in its districts.
(3) The members of the electoral committee of the capital city of Prague, which will carry out the allocation of mandates in the central national committee of the capital of Prague and in the district councils, are appointed by the Bureau of the political parties, which will also provide the relevant lists of candidates. The lists of candidates and the written notice of appointment of the members of the electoral committee of the capital of Prague shall be submitted by 17 June 1946 to the mayor of the capital of Prague.
(4) The election committee of the capital city of Prague will meet at the first meeting without a special invitation on 18 June 1946 at 10 a.m. in the office of the mayor of the capital city of Prague.
(5) The regulations to be issued concerning the establishment and selection of the components of the renewed national committees (§ 13) are also used for the establishment and selection of the components of the central national committee of the capital of Prague and for the establishment and selection of the components of the district councils.
(6) The election of the mayor of the capital city of Prague is required by the President of the Republic.
Specific provisions on administrative expostures.
The following specific provisions shall apply to national committees for which an administrative exposition is established:
1. Half of the members of the relevant electoral committee (§ 2 (2)) are either appointed from the perimeter of the exposition.
2. For the renewal of the administrative exposture, political parties shall submit special lists of candidates (Section 3).
3. The competent election committee (§ 2 (1)) shall determine, according to the proportion of votes cast to all political parties in the exposition district and in the other part of the administrative district of the relevant national committee, how much of the total number of mandates to be filled shall be allocated to the administrative exposition and how much for the other part of the administrative district of the relevant national committee; Article 6 (1) applies mutatis mutandis.
4. The schedule of mandates referred to in Article 6 shall be implemented separately for each part of the administrative district of the relevant national committee.
The Administrative Commission.
(1) In the same way as set out in this Regulation for the renewal of the district national committees, the district national committees in the administrative districts designated by the Minister of the Interior by the Decree, published in the Official Journal, will be newly established on the site of today's regional administrative commissions. In this decree, the political parties are to submit to the President of the Regional Administrative Commission the lists of candidates and appoint the members of the Election Committee.
(2) In the municipalities where the local administrative commission operates and where more than 50 voters cast valid votes in the elections to the constituent national assembly, the local national committees shall be established in the manner set out in this Regulation for the renewal of local national committees.
Setting up meetings.
(1) At the constituent meeting, members of the renewed or newly created National Committee shall elect their constituents according to the principles of proportional representation.
(2) The competence of the national committee in its current composition (district or local administrative commission) ends with the establishment of a renewed or newly created national committee.
Implementing regulations.
The Home Secretary shall lay down the details by means of directives laying down, in particular, the Rules of Procedure of the Election Committees, as well as the way in which renewed or newly created national committees shall be established and selected. For the election of the President of the renewed National Committees and its Deputy Directors, the provisions of Section 62 of the Rules of Election in the Czech Republic apply mutatis mutandis.
Elected local national committees.
Local national committees, elected after 16 March 1946 on the basis of a general, equal, direct and secret vote and on the basis of the principle of proportional representation, shall be renewed under this Regulation only if the local political organisation from the municipality concerned has objected to these elections by 26 May 1946 and the Regional National Committee has decided that the local national committee should be renewed.
Efficiency and execution.
This Regulation shall enter into force on the day of its publication and shall apply in the Czech and Moravian-Silesian States; they shall be carried out by the Minister for the Interior.
Dr Beneš v. r.
Fierlinger v. r.
Gottwald v. r.
Dr Stránská v. r.
Ursines v. r.
Gen. Svoboda v. r.
Nosek v. r.
Dr. Šrobár v. r.
Dr. Unedible v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Dr Pietor v. r.
Hala v. r.
Dr Procházka v. r.
Dr Clementis v. r.
Lt-Gen Ferjenčík v. r.
Lichner v. r.
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Regulation Information
| Citation | Government Decree No. 120 / 1946 Coll., on the renewal of national committees on the basis of the outcome of elections to the Constitutional National Assembly |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.06.1946 |
|---|---|
| Effective from | 06.06.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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