What is Full text of Act No. 121 / 2002 Coll.?

Full text of Act No. 121 / 2002 Coll., Act No. 247 / 1995 Coll., on Elections to Parliament of the Czech Republic and on the amendment and addition of certain other laws, as is apparent from subsequent amendments — Full text of Act No. 247 / 1995 Coll., on Elections to Parliament of the Czech Republic and on the amendment and addition of some other laws, as resulting from subsequent amendments.

When it became Full text of Act No. 121 / 2002 Coll. effectiveness?

Full text of Act No. 121 / 2002 Coll. became effective date not available.

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Yes, Full text of Act No. 121 / 2002 Coll. is still valid and effective.

Full text of Act No. 121 / 2002 Coll.

Full text of Act No. 247 / 1995 Coll., on Elections to Parliament of the Czech Republic and on the amendment and addition of some other laws, as resulting from subsequent amendments

Valid Declared full text

Text versions: 09.04.2002

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121

PRESIDENT OF THE GOVERNMENT

Announces

full text of Act No. 247 / 1995 Coll., on the elections to Parliament of the Czech Republic and amending and supplementing certain other laws, as is apparent from the amendments made by Act No. 212 / 1996 Coll., the Constitutional Court found published under No. 243 / 1999 Coll., Act No. 204 / 2000 Coll., the Constitutional Court found under No. 64 / 2001 Coll., Act No. 491 / 2001 Coll. and Act No. 37 / 2002 Coll.

THE LAW

on elections to the Parliament of the Czech Republic

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

VOTES TO THE PARLIAMENT OF THE CZECH REPUBLIC

Oddíl první

General provisions

§ 1

(1) This law regulates the conditions for the exercise of electoral law, the organisation of elections and the scope of judicial review.

(2) The election to the Parliament of the Czech Republic shall be by secret ballot on the basis of universal, equal and direct voting rights. The Chamber of Deputies of the Parliament of the Czech Republic is elected according to the principles of proportional representation; the Senate of the Parliament of the Czech Republic is elected according to the principles of the majority system.

(3) Elections to the Parliament of the Czech Republic are announced by the President of the Republic no later than 90 days before the elections are held. The decision to announce elections is published in the Collection of Laws. The date of the announcement of the elections to the Parliament of the Czech Republic is the date on which the amount of the Collection of Laws was distributed, in which the decision to declare elections to the Parliament of the Czech Republic was published.

(4) Elections to the Parliament of the Czech Republic are held on 2 days, Friday and Saturday. The first day of the election starts at 2 p.m. and ends at 10 p.m. The second day of the election starts at 8: 00 and ends at 2: 00. Under this law, election days are the first day of elections, unless otherwise provided for in this law.

(5) The voter is a citizen of the Czech Republic (hereinafter referred to as "the citizen") who, at least on the second day of the elections, reached the age of at least 18 years. In the second round of Senate elections, a citizen can also vote, who, at least the second day of the second round of elections, has reached the age of at least 18 years.

§ 2

The obstacles to the exercise of voting rights are:

(a) statutory restrictions on personal freedom for the protection of the health of the people, 1)

(b) waiving legal action.2)

§ 3

Election districts

(1) Voting to the Parliament of the Czech Republic takes place in permanent constituencies established under the special legislation.3)

(2) Special permanent constituencies ("special constituencies') shall be created for the vote in the Chamber of Deputies of the Parliament of the Czech Republic outside the territory of the Czech Republic at the representative and consular offices of the Czech Republic, with the exception of consular offices led by honorary consular officials (" representative offices'). The territory of the special constituency shall be defined by the district of the representative office.

§ 4

Voters shall be included in the permanent electoral lists (hereinafter referred to as "the permanent list ') or, where appropriate, in the special electoral lists (hereinafter referred to as" the special list'). Each voter can only be entered in one voter list.

§ 5

Permanent list

The permanent list shall be kept in accordance with the special legislation.4)

§ 6

Special list

(1) The special list shall be kept by the municipal authority, the municipal authority, the municipal authority, the municipal authority or the urban district office of a territorial division of the statutory city and the office of the urban part of the capital of Prague (hereinafter referred to as the "municipal office") for a voter who is not registered for permanent residence in its territorial area, 5) may not, for the reasons referred to in points (b) to (d), vote in the constituency district in whose permanent list he is registered and who:

(a) perform basic or alternative military service in the district of the municipality, the capital of Prague and the territorial subdivisions of the statutory cities in the district of the city or district;

(b) is in a hospital, hospital, sanatorium, social care institution or similar institution, located in a municipality, in the capital of Prague, and in territorial subdivisions of statutory cities in the district of the city or city district;

(c) is in a police cell, at the place of detention or at the place of imprisonment, 5a) located in the municipality, the capital of Prague and the territorial subdivisions of the statutory cities in the district of the city or district;

(d) elects for an election card (§ 6a).

(2) The municipal authority shall enter the electorate referred to in paragraph 1 (a) in a separate list on the basis of the information of the relevant master; the voters referred to in points (b) and (c) of paragraph 1 on the basis of the management data of the relevant institute, object or establishment. The data shall be transmitted no later than 7 days before the vote and updated as necessary.

(3) The master, the administration of the relevant institute, establishment or establishment shall, in cooperation with the municipal authority which maintains the special list, send confirmation to the municipal authority in the municipality where the voter is registered in the permanent list that the voter has been reported to the special list.

(4) In the case of elections to the Senate, only voters of permanent residence in the constituency where elections are announced and, where appropriate, voters of the special list (paragraph 5) are included in the separate list.

(5) The special list shall also be kept by the electoral representative, who:

(a) he is resident outside the territory of the Czech Republic on the basis of his written application for registration, supported by the original and, where appropriate, certified copies of documents confirming the identity of the applicant, his citizenship of the Czech Republic and residence in the district of the representative office where he is to be entered in a separate list; the application must be served or forwarded to the representative office no later than 40 days before the election date; or

(b) elect an electorate from the representative office.

(6) The special lists referred to in paragraph 5 (a) shall be closed by the representative offices 30 days before the election date and shall be transmitted without delay to the Ministry of Foreign Affairs, which shall draw the attention of the representative authorities with which the voter is registered to any duplicity in the minutes; After removal, the Ministry of Foreign Affairs shall communicate the final version of these lists to the Ministry of Interior no later than 20 days before the election date. If the voter, registered on his own request on grounds of residence abroad in a separate list, is also kept on a permanent list, the municipal office of such voter shall, following notification by the Ministry of Interior, remove from the permanent list. The voters shall be informed by the representative office of removal from the permanent list on the basis of a communication from the municipal office.

(7) For elections to the Chamber of Deputies, the representative office shall transmit to the Special District Electoral Commission an extract from a special list containing a list of voters authorised to vote in this special constituency.

§ 6a

Election cards

(1) A voter who will not be able to vote in a constituency whose permanent list or, where applicable, the special list maintained pursuant to Article 6 (5) (a) is registered shall be issued by the municipal office or, where appropriate, by the representative office at its request, and shall record that fact in the permanent list or, where applicable, in the special list and in their statements to the district electoral commission and the special district electoral commission. The election card for Senate elections is issued only to voters on a permanent list in the constituency where elections are announced, or to voters on a separate list in accordance with § 6 (5) (a).

(2) The voter may apply for the issue of an election card from the date of the publication of the elections, by written submission accompanied by a certified signature of the voter, received not later than 7 days before the election date, to the person holding the standing list or the special list, or in person until the conclusion of the standing list or special list; The municipal office or representative office shall forward the electoral licence in person at least 15 days before the election date, to the electorate or to a person who shall be proven to be in full power, with the certified signature of the electorate requesting the electoral licence or sending it.

(3) Election card authorises entry in the extract from the special list on election days

(a) to the Chamber of Deputies in any constituency or special constituency,

(b) to the Senate in the constituency of the constituency, where elections are announced and in whose territorial constituency the voter is registered for permanent residence, or in any constituency falling within the constituency, where elections are announced, if it is a voter who does not reside in the Czech Republic.

§ 7

Election authorities

(1) The electoral authorities under this law are:

(a) State Election Commission,

(b) Ministry of the Interior,

(d) Czech Statistical Office,

e) Regional Office in the City of Plzeň (§ 26), in the City of Prague, the City of Prague, in the Central Bohemian Region, the District Office of Prague-West, in the Pilsen City of Plzeň, in the South Moravian City of Brno, in the Region of Moravian-Silesian City of Ostrava (the "District Office of the Region") for elections to the Chamber of Deputies,

(f) the district office in the headquarters of the constituency, in the capital of Prague the municipal office in the headquarters of the constituency and in the cities of Brno, Ostrava and Plzeň the magistrates of these cities (hereinafter the "district office in the constituency") for elections to the Senate,

(g) the district office, in the capital of Prague, in the cities of Brno, Ostrava and Plzeň, the municipalities of these cities (hereinafter the "district office"),

h) entrusted municipal office, 5b) in the capital city of Prague office of the city district, Office of the city district of Prague 1 for the preservation of the results of voting from abroad, in the cities of Brno, Ostrava and Plzeň office of the city district or district (hereinafter referred to as the "entrusted municipal office"),

(i) the municipal office;

(j) the Mayor of the Municipality, the Mayor of the Statutory City, which is not subdivided, and in territorial subdivided statutory cities and in the capital of Prague, the Mayor of the City or City District ("the Mayor"),

(k) the representative office;

(l) the District Electoral Commission,

(m) the Special District Electoral Commission for elections to the Chamber of Deputies ("the Special District Electoral Commission").

(2) The activities of the electoral authorities are the activities of the state administration.

§ 8

State Election Commission

(1) The State Election Commission, established under special legislation 5c), is also a permanent electoral body on the parliamentary part of the Czech Republic.

(2) State Election Commission

(a) coordinate the preparation, organisation, conduct and implementation of elections to Parliament of the Czech Republic;

(b) oversees the security of operations necessary for the organisational technical implementation of the elections to the Parliament of the Czech Republic;

(c) identify by drawing a number the voting lists of political parties, political movements and coalitions for elections to the Chamber of Deputies;

(d) make a record of the outcome of the elections to the Chamber of Deputies,

e) announces and publishes the overall results of the elections to the Chamber of Deputies and the Senate;

(f) transmit the election certificate to the elected candidates by a member of the Parliament of the Czech Republic;

g) transmit the overall results of the elections to the relevant chamber of Parliament of the Czech Republic,

h) issue a permit for other persons to be present at the count of votes by the District Electoral Commission;

(i) determine by lottery which electoral district is subdivided by special constituencies abroad.

§ 9

Ministry of Interior

(1) The Ministry of the Interior is the central body of the state administration in the elections to the Chamber of Deputies and the Senate. 5d)

(2) Ministry of the Interior

(a) manage the organisational and technical preparation, conduct and conduct of elections to the Parliament of the Czech Republic by methodology;

(b) deal with complaints about organisational technical security of elections at district level;

(c) issue lists of registered political parties and political movements and provide them to regional authorities in the region and regional authorities in the constituency for the purposes of registration of candidate lists and registration applications;

(d) provide information on citizens' residence records for the purpose of keeping permanent lists and special lists;

e) in cooperation with the Czech Statistical Office ensures the operation of a single telecommunications connection system in the Czech Republic,

(f) ensure printing of electoral material and organise printing of ballots;

g) ensure the verification of competence in the area of elections for the employees of the capital city of Prague, included in the Municipality of the capital of Prague, in charge of activities in the section of elections, which will show the necessary knowledge by examination; issue a certificate of positive outcome of the eligibility check.

§ 10

Ministry of Foreign Affairs

a) Organistically and technically ensure the preparation, conduct and execution of elections to the Chamber of Deputies of the Parliament of the Czech Republic abroad, 5e)

(b) transmit the specific electoral lists held pursuant to Article 6 (5) to the Ministry of the Interior on a technical medium;

c) in cooperation with the Ministry of the Interior and the Czech Statistical Office, ensures the establishment of a telecommunications link system between the representative offices and the Ministry of Foreign Affairs,

d) transmit to the Czech Statistical Office the documents for establishing and updating the lists of special constituencies,

e) In cooperation with the Czech Statistical Office, it provides conditions for the operation of the Czech Statistical Office at the Ministry of Foreign Affairs.

§ 11

Czech Statistical Office

(1) The Czech Statistical Office draws up a binding system for the detection and processing of election results and ensures that the relevant software is developed for the purpose of processing and providing election results.

(2) The Czech Statistical Office further

(a) it provides a technical system for processing the results of the elections to the Parliament of the Czech Republic5f) in accordance with paragraph 1 at the workplaces created by the entrusted municipal authorities, the district offices of the region, the district offices of the constituency, the State Electoral Commission and the Ministry of Foreign Affairs; working with the Ministry of the Interior, the Ministry of Foreign Affairs, the District Offices and the Municipal Offices,

(b) process the overall results of the elections to the Chamber of Deputies (§ 48 to 51), the documents for the registration of the State Electoral Commission (§ 52) and the figures for the overall results of the elections to the Senate (§ 77) and transmit them to the State Electoral Commission without delay;

(c) draw up entries on the outcome of the elections and transmit them without delay to the District Office of the Region or the District Office of the Electoral District;

(d) technically ensure the availability and provision of interim and overall election results;

e) for the individual workplaces referred to in point (a), provides staff of the Czech Statistical Office responsible for detecting and processing the results of the elections to the Parliament of the Czech Republic and the necessary number of other persons to ensure the processing and delivery of the results of the elections and to train them;

(f) carry out training of designated members of the District Election Committees for the system for the detection and processing of voting results;

(g) issue a written document to the District Electoral Commission or the Ministry of Foreign Affairs in the form of a computer set-up certifying that the results from the constituency or special constituency have been taken without error into further processing;

h) transmit summary information on the results of the elections at the level of the electoral district or constituency and of the Czech Republic in writing to political parties, political movements, coalitions and independent candidates whose candidate or registration has been registered, as part of the technical solution referred to in paragraph 1, also transmit information in electronic form;

(i) draw up registers and code lists of candidates and candidate political parties, political movements and coalitions;

j) communicate any duplicity on the candidate lists and applications for registration to the district office in the county seat and the district office in the constituency seat;

(k) deal with complaints about the function of technical equipment and related software used in the processing of election results;

(l) transmit the minutes of the course and outcome of the vote, taken from the Regional Electoral Commission and the Special Regional Electoral Commission, to the custody of the competent district office no later than 10 days after completion of the processing at the level of the entrusted municipal office or at the workplace of the Ministry of Foreign Affairs,

m) after the announcement of the overall results of the elections to the Chamber of Deputies or the Senate on request, provides information on the results of the elections in the required geographical breakdown.

(3) Only a member of staff of the Czech Statistical Office who is authorised under paragraph 2 (e) shall be entitled to:

(a) to stay in the room where the District Electoral Commission adds the votes (§ 23);

(b) take over a copy of the minutes of the course and the outcome of the vote and the outcome of the vote on the technical medium;

(c) set a time limit for the removal of errors and the transmission of a new record of the conduct and outcome of the vote;

(d) to issue an order to close the meetings of the District Electoral Commission and the Special District Electoral Commission on the second day of the elections (§ 43 (5));

(e) ensure that the results of the votes are taken over for all the territorial areas concerned and for the special constituencies;

(f) ensure the processing of the overall election result in the electoral district (§ 46 (1)) and in the constituency (§ 73 (1)),

(g) draw up and sign a record of the election result in the electoral district (§ 46 (2) to (4);

h) to draw up and sign a record of the outcome of the election in the constituency (§ 73 (2) to (4);

(i) send summary information on the outcome of the elections at electoral level and at constituency level to the address of political party agents, political movements and coalitions.

§ 12

District office in the county

(1) County office in the county for elections to the Chamber of Deputies

(a) ensure the organisation and technical preparation, conduct and implementation of elections in the electoral region;

(b) discuss and register candidate lists;

(d) provide addresses of political party agents, political movements and coalitions whose candidate lists have been registered to the District Electoral Commission;

(e) printing ballots for the electoral region;

f) provides rooms and aids for the work of the Czech Statistical Office at the level of the Election Region and cooperates with it to provide the necessary technical facilities for processing and providing the result of the elections at this place,

(g) provide assistance to ensure elections at electoral level;

h) archives electoral documentation;

(i) carry out other tasks under this law.

(2) Only a member of the district office in the seat of the county certified under a special legislation shall be entitled to:

(a) to take over the candidate lists and confirm their submission (§ 31 (3));

(b) examine the candidate lists and call for errors to be corrected (Paragraph 33 (1));

(d) to draw up and send a marketing authorisation, refuse a candidate's application or cross-check a candidate's application (Sections 33 (4) and (5));

(e) take over the declaration of resignation and appeal (Paragraph 36 (2));

(f) change the ranking of candidates on the list (§ 36 (3));

(g) sign the minutes on the election result in the electoral district (§ 46 (4)).

§ 13

Regional office at the headquarters of the constituency

(1) County office at the constituency for elections to the Senate

(a) ensure the organisation and technical preparation, conduct and conduct of electoral elections;

(b) discuss and register applications for registration;

(d) identify by drawing a number the voting lists of candidates for the Senate elections;

(e) provide the addresses of political party agents, political movements, coalitions and independent candidates whose registration applications have been registered, to the District Election Committees;

(f) printing ballot cards for the constituency;

g) provides rooms and aids for the work of the Czech Statistical Office at the level of the constituency and cooperates with it to provide the necessary technical facilities for the processing and delivery of the result of the elections at this workplace;

h) provides assistance to secure elections at constituency level;

(i) archives electoral documentation;

(j) carry out other tasks under this Act.

(2) Only a member of the district office at the headquarters of the constituency who is certified under special legislation, 5c) is entitled to:

(a) take over registration applications and confirm their submission (§ 60 (4));

(b) review applications for registration and call for errors to be corrected (Section 62 (1));

(d) to draw up and submit marketing authorisations and refuse registration (Sections 62 (4) and (5)),

(e) take over the declaration of resignation and appeal (Paragraph 66 (2));

f) sign the minutes on the outcome of the election in the constituency (§ 73 (4)).

§ 14

Regional office

(1) District Office

(a) ensure the organisational and technical preparation, conduct and conduct of the regional elections;

(b) checks the voting process in the electoral rooms;

(d) impose fines under this law;

e) deal with complaints about organisational technical security of elections at municipal level;

f) cooperates with the Czech Statistical Office to provide the necessary technical equipment and workforce for the workplace created by the entrusted municipal authorities.

(2) The activities referred to in paragraph 1 (b) and (c) may be carried out only by a staff member of the District Office who is certified under a special legislation. (c)

§ 14a

Authorised municipal office

a) Provides rooms and auxiliary facilities for the work of the Czech Statistical Office in the taking over, checking and processing of entries taken from the District Election Commissions and Special District Election Commissions;

b) cooperates with the Czech Statistical Office to provide the necessary manpower and technical equipment to enter the result from individual constituencies into the processing system at this workplace.

§ 14b

Municipal Office

(a) provide election rooms, necessary labour and assistance for district election commissions;

(b) keeps a separate list as provided for in Article 6 (1) to (4);

d) deal with complaints about organisational technical security of elections at electoral district level;

(e) archives electoral documents;

(f) carry out other tasks under this law.

§ 14c

Mayor

a) ensure that voters are informed of the time and place of elections in the municipality;

(b) ensure the distribution of ballots to voters;

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Regulation Information

Citation	Full text of Act No. 121 / 2002 Coll., Act No. 247 / 1995 Coll., on Elections to Parliament of the Czech Republic and on the amendment and addition of certain other laws, as is apparent from subsequent amendments
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	09.04.2002
Effective from	-
Effective until	-
Status	Valid

Legal Areas: Power of executive and government authorities Power of legislative and parliamentary procedure Administrative law Constitutional (state) law Elections and Election Law General internal administration Fundamental human rights

The regulation text is for informational purposes only.