Act No. 130 / 2000 Coll.
Law on elections to regional councils and on the amendment of certain laws
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Law
Effective from 01.06.2000
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130
THE LAW
of 12 April 2000
on elections to regional councils and amending certain laws
Parliament has decided on this law of the Czech Republic:
VOTES TO COUNTRIES REPRESENTATIVES
GENERAL PROVISIONS
(1) This law lays down specific rules for the exercise of the state administration of elections to regional councils, special conditions for the exercise of electoral rights in these elections and special rules for the detection of the results of those elections. Common rules for the administration of elections are laid down in the Electoral Governance Act.
(2) The election period for regional councils is four years. Elections to regional councils shall take place in the first full week of October of the year in which the election period expires 2).
(1) Elections for regional councils shall be held by secret ballot on the basis of universal, equal and direct voting law, (3) according to the principles of proportional representation.
(2) The electoral district is the territory of any higher local authority with the exception of the capital of Prague.
Elections to regional councils shall be announced by the President of the Republic no later than 90 days before their performance. The decision to announce elections for regional councils is announced in the Collection of Laws and International Treaties.
Right to vote
(1) The right to vote for the regional council is a national of the Czech Republic who, at least on the second day of the election, has reached the age of at least 18 years and is registered for permanent residence in the municipality, 4) which belongs to the territorial district of the region (the voter).
(2) In addition to the obstacles laid down by the Electoral Management Act, the exercise of the right under paragraph 1 shall also:
(a) a statutory restriction of liberty on grounds of the execution of a custodial sentence or the execution of a security detention; or
(b) the performance of the service of an occupational soldier abroad or the performance of the service of a soldier in advance abroad.
Right to be elected
(1) Any voter who is not prevented from exercising his right under § 4 (2) (a) and from exercising his right to vote may be elected as a member of the regional council.
(2) The function of a member of the county council is incompatible
(a) with a function performed at the Ministry, another central government body or a national authority, comprising an election, appointment or appointment, 8)
(b) with a function performed by a regional employee, who is assigned to a regional office, a municipality employee, who is assigned to a municipal office, or an employee other than a central administration body, not a national authority, if these functions are covered by election, appointment or establishment, 8)
(c) with the function of statutory representative of a legal person established or established by a region, or in which the region has an interest in property.
(3) The function of a member of the county council is incompatible with paragraph 2 (b). (b) only if the staff member carries out the appropriate duties on a body whose territorial competence at least partly covers the territorial competence of that region.
CANDIDATE CHARGES AND VOTING LETTERS
Candidate documents
(1) Candidate papers for elections to regional councils may be filed by registered political parties and political movements, 11) whose activities have not been suspended, and their coalition.
(2) The election party may indicate on the list a maximum of five candidates more than the number of members elected to the relevant regional council.
Voting lists
The ballot shall be made for each party separately.
VOTING
Election card
On the basis of an electoral pass or on the basis of an entry, the voter may vote in any constituency of his constituency in another constituency in the electoral list.
Voting procedure
The voter puts 1 ballot in the official envelope. On the ballot, which he places in the official envelope, he may, by circling a serial number for no more than four candidates on the same ballot, indicate which of the candidates he prefers. Other written amendments to the ballot shall not affect the assessment of the ballot.
DETERMINATION OF RESULTS OF VOTES TO COUNTRY REPRESENTATIVES
Allocation of votes by the District Election Commission
After removing the ballots from the official envelopes, the District Electoral Commission shall divide and add up the ballots which have been handed over to each party, excluding invalid voter votes for reasons set out in the Electoral Management Act. In addition, it shall assess and then add up the priority votes which have been cast to individual candidates. If the voter has put more than 4 candidates on the ballot, it is a valid vote for the party; However, priority votes shall not be taken into account.
Minutes and results of votes
(1) The minutes of the District Electoral Commission on the progress and outcome of the vote shall indicate:
(a) the time of commencement and termination of the vote, and, where appropriate, its postponement, interruption or extension;
(b) the total number of persons in the constituency registered in the electoral register;
(c) the number of voters to whom official envelopes have been issued;
(d) the number of voters who voted for the ballot;
(e) the number of official envelopes surrendered;
(f) the number of votes cast for each party and the number of votes in total;
(g) the number of priority votes in force for each election party candidate.
(2) In order to give the information referred to in paragraph 1 (g), the District Electoral Commission shall use the necessary number of unused ballots which, after the end of the vote for this purpose, were explicitly designated by the President of the District Electoral Commission as auxiliary ballots for the census of priority ballots in the presence of the members of the District Electoral Commission; if applicable, use auxiliary addition sheets provided electronically by the Czech Statistical Office.
Detection of election results in the region
(1) The Czech Statistical Office at the Regional Office shall ensure that the results of the votes are taken over for all the territorial areas concerned from which the results of the votes have been submitted to the entrusted municipal office within the prescribed time limit and that the overall results of the elections in the county are processed (§ 43).
(2) The Czech Statistical Office shall draw up a double-copy record of the result of the elections to the regional council and forward it to the regional office.
(3) The record of the outcome of the regional council elections shall include:
(a) the number of constituencies and the number of constituency committees which submitted the result of the vote;
(b) the total number of persons listed in voter statements;
(c) the total number of voters in the county to whom official envelopes have been issued;
(d) the total number of voters who voted for the ballot;
(e) the total number of official envelopes surrendered,
(f) the total number of votes in force cast per party and the total number of votes in force;
(g) the number of priority votes per candidate;
(h) the names and surnames of the candidates elected to the regional council and those who became their alternates, broken down by election party; in the case of a coalition, the composition and name of the political party or political movement proposed by the candidate shall be indicated.
(4) The record of the outcome of the regional council elections will sign:
(a) Director of the Regional Office;
(b) an authorised member of the county staff assigned to the regional office;
(c) an authorised staff member of the Czech Statistical Office.
(5) The Regional Authority will keep a record of the outcome of the regional council elections and other electoral documents. The second signed copy of the record of the election result shall be forwarded without delay to the Czech Statistical Office.
(1) The designated number of mandates in the regional council shall be distributed to the electoral parties only in 1 skrutinium in the manner referred to in paragraphs 2 to 9. Only election parties who have received at least 5% of the total number of valid votes in the county shall proceed to the skrutinia.
(2) Election parties which have not fulfilled the condition laid down in paragraph 1 and the votes cast for them shall no longer be taken into account.
(3) The number of votes in force for each of the parties to the election which have fulfilled the condition laid down in paragraph 1 shall be divided in steps by 1,42 and by whole numbers starting with 2. The number of candidates on the ballot shall be calculated, but those candidates who have given up or have been withdrawn after registration shall not be counted. The shares shall be calculated and reported by rounding to 2 decimal places upwards.
(4) All shares calculated in accordance with paragraph 3 shall be ranked in descending order of size and a list of as many shares as the county council members are to be selected. In the event of an equality of 2 or more shares in this series, the total number of votes for the election party shall be decisive for its ranking and, if this is the same, the order of the lot. At the same time as the size of the holding, the designation of the electoral party that has achieved that share shall be indicated.
(5) For each share included in the list referred to in paragraph 4, one mandate shall be attached to the election party.
(6) Within the various electoral parties, the mandates shall fall on the candidates in order as indicated on the ballot.
(7) However, if one of the candidates has received a number of priority votes of at least 5% of the total number of votes in force cast for that electoral party within the region, the mandate shall be given priority to that candidate.
(8) In the event that several candidates have fulfilled the condition laid down in paragraph 7 and the election party has obtained more mandates, the mandates shall be
(a) preferably candidates who have fulfilled the condition laid down in paragraph 7, in the order of the maximum number of priority votes obtained; in the event of an equal number of priority votes, the ranking of the candidate on the ballot shall be decisive;
(b) candidates who have not fulfilled the condition laid down in paragraph 7 in the order indicated on the ballot.
(9) If the total number of candidates of all the voting parties who have advanced to the skrutinia does not reach a specified number of elected members of the council, the election parties will have as many mandates as there are candidates. The condition is that the number of mandates thus obtained is at least half of the determined number of members of the county council to be elected.
(10) Election candidates who have received at least 1 mandate shall become alternates. In order to determine the ranking of the alternates within those electoral parties, the provisions of paragraphs 6, 7 and 8 shall be treated mutatis mutandis.
Announcement of election results
(1) The result of the regional council elections is announced and published by the Regional Office by the publication of a record of the election of the regional council on the official record of the regional office immediately after its signature.
(2) The Czech Statistical Office will send the National Election Commission the overall results of the elections for all regions. The overall results shall include the election candidates and alternates with an indication of the electoral party for which they were candidates and, in the case of the coalition, its composition and the name of the political party or political movement proposed by the candidate.
Election certificate
The Regional Office shall issue an election certificate to the candidates elected as a member of the Regional Council, at the latest by the constituent meeting of the Council. Where the court finds a valid application for the candidate's election to be invalid, the Regional Office shall, within 7 days of the legal authority, issue a decision on the candidate's invalidity (§ 53) of the candidate's election certificate in the order of § 43 (6) to (8).
Additional elections, reelection and revote
(1) The election of the regional council shall not take place if:
(a) the court finds a valid application pursuant to Article 53 for the nullity of votes or for the nullity of elections;
(b) the number of mandates obtained does not exceed at least half of the number of county councils. 15)
(2) If the Regional Council has not been elected in accordance with paragraph 1 (a), the Minister of Interior shall announce the re-election or re-vote within 30 days of being notified of the court order.
(3) If the Regional Council has not been elected pursuant to paragraph 1 (b), the Minister of the Interior shall declare additional elections within 30 days of the publication of the overall election results in the Regional Council of the State Election Commission.
(4) The provisions of this Act and the Law on the Administration of Elections shall apply mutatis mutandis to additional elections, re-elections and re-voting, with the exceptions provided for in paragraphs 2 and 3.
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Establishment and termination of the mandate
(1) The mandate of a member of the regional council shall be subject to election; the election shall be closed.
(2) The mandate of a member of the council of the region is hereby terminated
(a) closing the vote on the second day of the elections or, where appropriate, the new elections for the regional council;
(b) by refusing the composition of the promise of a member of the county council or by making a promise subject to reservation;
(c) the date of the regional council meeting at which a member of the regional council gives up his mandate in person; if a member of the regional council expresses his willingness to waive his mandate on another later date, the mandate shall expire on that date; The resignation cannot be withdrawn,
(d) the date on which the county receives the written resignation of a member of the county council, including the officially certified signature of a member of the county council; if a member of the regional council expresses his willingness to waive his mandate on another later date, the mandate shall expire on that date; The waiver may also be made electronically via a data box or signed by a recognised electronic signature by sending it to the e-mail address of the county office; The resignation cannot be withdrawn,
(e) death of a member of the county council.
(3) Except in the cases referred to in paragraph 2, the mandate of a member of the regional council shall cease when the relevant regional council so declares on the grounds of:
(a) incompatibility of the function referred to in Article 5 (2);
(b) loss of selectivity (§ 5 (1)),
(c) a final judgment by which a member of the council has been sentenced to an unconditional prison sentence.
(4) If the Regional Council does not declare the termination of the mandate referred to in paragraph 3 at the next meeting, the Ministry of the Interior shall without delay request an extraordinary meeting of the Regional Council, which shall take place no later than 30 days after the receipt of its request. If the mandate is not terminated at this extraordinary meeting of the Regional Council, the mandate of the Regional Council member shall cease when the Ministry of the Interior so declares.
(5) In the event of incompatibility of the functions referred to in Article 5 (2), which occurs at the time of the election of a member of the county council, the relevant council of the county shall not declare the termination of the mandate at the constituent meeting, but shall allow the elected member of the county council to take legal action within 3 days of the establishment meeting to withdraw from the office which is the reason for the incompatibility or to terminate the employment relationship which is the reason for the incompatibility. If, within 3 months of the setting-up meeting, a member of the regional council fails to submit proof to the competent regional council that the reason for the incompatibility of the functions has ceased, the regional council shall proceed as referred to in paragraph 3.
(6) The order of the Regional Council referred to in paragraph 3 and the decision of the Ministry of Interior referred to in paragraph 4 shall be sent without delay to the person who is entitled to seek protection in court (§ 52). At the same time, this resolution or decision shall be posted on the official plate of the Regional Office; the order or decision is deemed to have been served on the third day following the date of the hanging.
(7) The term of office of a member of the county council referred to in paragraphs 3 and 4 shall expire on the date on which the time limit for the application for a court pursuant to Paragraph 52 has expired in vain or on the date on which the decision of the court has not been annulled in accordance with paragraph 6.
Entry of alternates
(1) If the mandate is vacant in the regional council, an alternate from the same electoral party's candidate list shall be joined as a member of that council in accordance with § 43. The alternate shall obtain the mandate of the member of the county council on the day immediately following the date on which the mandate of the member of the county councillor under which he joins. The alternate shall also enter if the court finds a reasoned application for annulment of the candidate's choice (§ 53).
(2) A member of the regional council who has entered the first sentence of paragraph 1 shall, within 15 days of the vacancy of his mandate, send a certificate to the regional council that he has become a member of the regional council and that he has become one.
(3) If no alternate is present, the mandate will remain vacant until the end of the term of office of the Regional Council.
(4) If a political party or political movement has been abolished, the alternate shall not take up duty and the mandate shall remain vacant until the end of the term of office. However, if there is a coalition, the alternate who has been proposed by a political party or a political movement that has been abolished shall not take place and the mandate shall be obtained by another alternate in the order of Paragraph 43.
(5) If the activity of a political party, a political movement or some political party, a political movement forming a coalition has been suspended, the alternate shall not take place during the suspension.
(1) The status of alternate shall cease to exist
(a) on the second day of the elections or, where appropriate, on the new elections for the regional council;
(b) the date on which the county receives the written waiver of the status of alternate containing the officially certified signature of the alternate; The surrender of an alternate may also be done electronically by means of a data box or signed by a recognised electronic signature, by sending to the e-mail address of the county office; The renunciation of the status of alternate shall not be withdrawn,
(c) loss of selectivity;
(d) the death of an alternate.
(2) In the event that the renunciation of the status of an alternate is received by the county pursuant to paragraph 1 on the date on which the alternate has already been given the mandate of a member of the county council pursuant to Paragraph 49 (1), it shall be understood that the term of office of a member of the county council shall be renounced.
New elections
(1) New elections to the regional council shall take place under this Act if the number of members of the regional council is reduced by more than half in the same parliamentary term compared to the number laid down by the legislation15) and if there are no alternates pursuant to § 49.
(2) If the reasons for holding the new elections to the Regional Council referred to in paragraph 1 are established, the Regional Office shall send a proposal for the announcement of new elections to the Regional Council of the Ministry of the Interior within 30 days of the date on which the grounds for their publication were raised.
(3) The Minister of the Interior shall announce the new elections to the regional council within 30 days of sending the proposal referred to in paragraph 2. New elections have not taken place in the last 6 months of the term of office of regional councils.
(4) For new elections, the provisions of this Act and the Law on the Administration of Elections shall apply mutatis mutandis.
COURT REVIEW
The order by which the county council has declared that the mandate of a member of the county council has expired or a similar decision by the Ministry of Interior may be invoked by a member of the county council whose mandate has been terminated or by an election party which has submitted a candidate list in the county within 2 days of receipt of the decision to seek protection in accordance with a specific law. 23)
(1) By filing a motion for the annulment of a vote, the nullity of an election or the nullity of a candidate's election, any citizen responsible as a voter to the electoral district, where a member of the county council has been elected, as well as any party whose candidate is registered for election to that council, hereinafter referred to as "the appellant '. The proposal must be submitted no later than 10 days after the announcement of the election results to the regional councils of the State Election Commission.
(2) An application for annulment of a vote may be made by the appellant if he considers that the provisions of this law have been infringed in a manner that has grossly affected the results of the vote.
(3) An application for nullity of elections may be made by the appellant if he considers that the provisions of this law have been infringed in a way that has grossly affected the results of the elections.
(4) An application for annulment of the candidate's election may be made by the applicant, if he considers that the provisions of this law have been infringed in a manner which has grossly affected the outcome of the candidate's election.
The regional court shall be responsible for the proceedings under paragraphs 52 and 53.
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The candidate shall have the right, from the day following the registration by the Regional Office of the nominee until the day preceding the election to the Regional Council, to provide him with leave of absence of compensation for his employment or equivalent. The activity of the candidate during this period is another act of general interest.
PROVISIONS COMMON AND TRANSITIONAL
In new elections (§ 51), repeated elections and additional elections (§ 47), the members of the county council are elected only for the remainder of their term of office.
If there is a change in the territory of the county in the period after the election is announced to the regional council, elections are held to the regional council on the day of the election.
Measures taken by the competent electoral authorities to prepare for the implementation of this law before the beginning of its effectiveness are seen as if they had been taken for its effectiveness if they comply with that law.
If the first elections are held in regional councils less than 4 months after the entry into force of this Act,
(a) demonstrate the necessary knowledge by examination at the election section only by staff of the district office in the seat of the county;
(b) checks on votes and counting by the District Electoral Commission pursuant to Article 36 may be carried out by the staff of the District Office in charge of the election.
(1) For the first elections to regional councils, the number of regional councils is determined as follows:
| a) v kraji do 600 000 obyvatel | 45 členů, |
| b) v kraji nad 600 000 obyvatel do 900 000 obyvatel | 55 členů, |
| c) v kraji nad 900 000 obyvatel | 65 členů. |
(2) In order to determine the number of members of the county council, the number of inhabitants of the county shall be determined on 1 January of the year in which the first elections to the county council are held.
(3) The number of members of the county council to be elected shall be published on the official boards of the municipal authorities in the respective territorial district within 5 days of the entry into force of this Act. It shall also be published in the usual place.
Amendment of the Civil Code
Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll., Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 180 / 1990 Coll., Act No. 27 / 1991 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1994 Coll., Act No. 54 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll.
The following Section 200v and 200w are inserted after Section 200u, including footnote 34f:
(1) Where the district office at the head office of the county, provided for by a special legislation, 34f) has decided to:
(a) the refusal of the candidate list for election to the regional council, a political party, a political movement or a coalition which has submitted the candidate list may be brought to the court with a motion for a decision to register the candidate list;
(b) the cross-cutting of the candidate on the candidate list for election to the regional council, the political party, the political movement or the coalition that submitted the candidate list may also refer the candidate to the court with a motion for a decision to leave the candidate on the candidate list;
(c) the registration of the candidate list for election to the regional council, other political parties, political movements or coalitions which have submitted the candidate list may apply to the court for a decision to revoke the registration.
(2) A party to the proceedings referred to in paragraph 1 shall be the appellant and the competent district office at the seat of the county, in the case of paragraph 1 (c), as well as a political party, political movement or coalition whose registration is contested.
(3) The Court of First Instance shall decide without hearing by order within 15 days.
(4) There are no legal remedies against court decisions.
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Regulation Information
| Citation | Act No. 130 / 2000 Coll., on Regional Councils and on the amendment of certain laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.05.2000 |
|---|---|
| Effective from | 01.06.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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