Decree of the Ministry of Interior No. 173 / 1994 Coll.
Decree of the Ministry of the Interior on the implementation of certain provisions of Act No. 152 / 1994 Coll., on elections to councils in municipalities and on the amendment and addition of certain other laws
Valid
Order
Effective from 08.09.1994
Text versions:
05.11.1998
08.09.1994
173
DECLARATION
Ministry of Interior
of 26 August 1994
on the implementation of certain provisions of Act No. 152 / 1994 Coll., on elections to councils in municipalities and amending and supplementing certain other laws
The Ministry of the Interior provides in agreement with the Ministry of Labour and Social Affairs and with the Ministry of Finance pursuant to § 68 of Act No. 152 / 1994 Coll., on elections to councils in municipalities and amending and supplementing certain other laws (hereinafter referred to as "the Act"):
Permanent constituencies
(k § 8 of the Act)
(1) Permanent Electoral Circuits ("Electoral Circuits") are created in such a way as to preserve natural units and ensure the availability of electoral rooms for voters.
(2) A substantial change in the number of voters in the constitutions1) means an increase or reduction of one third. The change of territory (1) means the change in the boundaries of a municipality concerning the populated territory of that municipality.
(3) A separate electoral district for the remote parts of municipalities (2) can only be created if it has at least ten voters.
(4) If the local or district council is not located in a part of a territorial subdivided city, the electoral districts shall be determined by the city council.
(5) The electoral district must not extend beyond the constituency territory for elections to councils in municipalities. 3)
(6) Each electoral district in the village shall be marked with a serial number. Numbering shall be carried out in one numerical series by Arabic numerals. If only one constituency is created, it shall be marked number 1.
Permanent list of voters
(k § 10 of the Act)
(1) The permanent list of elections4) (hereinafter referred to as "the list") is held in a book or a system of filing cabinets or by computer, broken down by constituency. The model of the list is set out in Annex 1.
(2) The list must be accompanied by an index of voting names and surnames, indicating the number of the constituency. This is not the case if there are less than five constituencies in the municipality, city district or urban district.
(3) The list shall record the name, surname, birth number, permanent residence address of the registered voter and the constituency number in which he has the right to vote.
(4) In the event of a change in electoral districts, the municipality, the city district or the city district shall immediately ensure that the list and index are modified.
(5) Amendments to the lists shall be made on an official basis or at the request of the electorate.
(6) Announcement5) provide, for the purpose of specifying the lists, information on changes in the permanent residence of citizens and on an annual basis, a list of citizens who reach the age of 18 in a calendar year.
(7) The Municipal Office, the Municipal Office, the City Office, the City Office or the Municipal District Office (hereinafter referred to as the "Municipal Office"), responsible for the management of the register, shall notify the Municipal (District, Local) Office at the place of permanent residence of the citizen of death or the change in the name and surname of the citizen, older than 18 years.
(8) Following the closure of the list (6), the municipal authority can no longer make amendments to this list. If, after the closure of the list of facts justifying changes to the minutes, that authority becomes aware of them, it shall process specific information on them for the District Electoral Commission.
List correctness check
The municipal, local or district council and city council shall ensure that an annual check of the correctness and completeness of the list is carried out. The check shall be carried out by comparison with the register of permanent residence of citizens held by the reporting office.
Ensuring and equipping electoral rooms
(to Article 33 of the Law)
(1) The municipality will provide an election room and equipment for each electoral district.
(2) There must be a sufficient number of official voting envelopes and office equipment for the work of the District Electoral Commission in addition to the statutory equipment7.
(3) A ballot marked "model 'and a declaration of surrender or withdrawal of a candidate must be displayed in a visible place if it was delivered at least 48 hours before the election. 8)
Voting lists and certificates
(Articles 30 and 45 (6) of the Act)
(1) The model of the ballot is set out in Annexes 2 and 3. The manuscript of the ballot must be submitted for printing 9) within three calendar days of registration by the local or urban electoral commission. 10)
(2) The models of the membership certificate are set out in Annexes 4 and 5.
Storage and elimination of ballots and other electoral documents
(1) The municipal office shall keep the ballots and the official envelopes used for 20 days following the publication of the results of the vote; after this period the ballots and used envelopes can be destroyed.
(2) All documents relating to the financial costs of the elections shall be deposited separately from other electoral documents.
(3) It is immediately possible to destroy all duplicate materials excluded from the electoral files.
(4) The following shredding features and deadlines shall be laid down for documents relating to the holding of elections:
(a)
| kandidátní listiny, petice, prohlášení kandidáta, záznam místní nebo městské volební komise o registraci, dokumentace o vzdání se kandida- tury nebo jejím odvolání, tři kusy hlasovacích lístků, zápisy okrskových a místní nebo městské volební komise, vyhlášení výsledků hlasování a dokumentace o finančních nákladech na volby do zastupitelstva v obci | A 10, |
(b)
| ostatní dokumentace | S 5. |
(5) The municipal authority shall proceed after the time limits laid down in paragraph 4 have expired in accordance with specific rules. 11)
(to Paragraph 66 of the Act)
(1) The special remuneration (hereinafter referred to as "remuneration") for the performance of the duties of a member of the district, local or municipal electoral commission (12) is CZK 800. If a member of the commission does not participate, the remuneration shall be reduced accordingly.
(2) If the District Electoral Commission and the tasks of the District Electoral Commission for Elections to the Chamber of Deputies or to the Senate are carried out, its members will receive a reward of CZK 1,200 for their duties. If the second round of Senate elections is held, the remuneration is CZK 1,600. If the District Electoral Commission and the tasks of the District Electoral Commission are carried out in both chambers of Parliament of the Czech Republic, the remuneration of CZK 1 600 is payable to its members for the performance of their duties, the second round of the Senate elections is CZK 2 000. If a member of the commission does not participate, the remuneration shall be reduced accordingly.
(3) The remuneration referred to in paragraph 1 and paragraph 2, after deduction of income tax, 13) shall be paid by the municipal authority or the Municipality, which provides assistance to the district, local or urban electoral commission. 14)
(4) The remuneration shall be paid within 30 days of the end of the activities of the district, local and urban election committees.
The provisions of Sections 1 and 8 of the Decree of the Ministry of Interior of the Czech Republic No. 433 / 1992 Coll., on the tasks of municipalities in providing elections to councils in municipalities and local referendums do not apply to elections to councils in municipalities. Paragraphs 2 to 7 and 9 are deleted.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Ruml v. r.
Příloha č. 1
Annex No 1 to Decree No 173 / 1994 Coll.
STANDING LIST OF ELEMENTS
List in the book
| poř. č. | příjmení a jméno | rodné číslo | část obce | ulice | č. p./ č. or. | čís. okr. | dodatečné změny a záznamy | poznámka |
|---|
List by district (computer processing, or card)
| č. okr. | č. poř. | příjmení a jméno | rodné číslo | část obce | č. p./ č. or. | ulice | poznámka |
|---|
Příloha č. 2
Annex No 2 to Decree No 173 / 1994 Coll.
Příloha č. 3
Annex No. 3 to Decree No. 173 / 1994 Coll.
Příloha č. 4
Annex No. 4 to Decree No. 173 / 1994 Coll.
Příloha č. 5
Annex No. 5 to Decree No. 173 / 1994 Coll.
1) Paragraph 8 (1) of Act No. 152 / 1994 Coll., on elections to councils in municipalities and amending and supplementing certain other laws.
2) § 8 (3) of Act No. 152 / 1994 Coll.
3) § 9 of Act No. 152 / 1994 Coll.
4) § 10 of Act No. 152 / 1994 Coll.
5) § 2 of Act No. 135 / 1982 Coll., on the reporting and registration of residents.
6) § 10 (4) of Act No. 152 / 1994 Coll.
7) § 33 of Act No. 152 / 1994 Coll.
8) § 29 of Act No. 152 / 1994 Coll.
9) § 30 of Act No. 152 / 1994 Coll.
10) Paragraph 28 (4) of Act No. 152 / 1994 Coll.
11) Act No. 97 / 1974 Coll., on archiving, as amended by Act No. 373 / 1992 Coll. Decree No. 225 / 1988 Coll., on State Archives and Archives of National Committees.
12) § 66 of Act No. 152 / 1994 Coll.
13) Articles 6 (4) and 36 (2) (d) of Act No. 586 / 1992 Coll., on Income Taxes, as amended by Act No. 35 / 1993 Coll., Act No. 96 / 1993 Coll., Act No. 157 / 1993 Coll., Act No. 323 / 1993 Coll. and Act No. 42 / 1994 Coll.
14) § 65 of Act No. 152 / 1994 Coll.
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Regulation Information
| Citation | Decree of the Ministry of the Interior No. 173 / 1994 Coll., on the implementation of certain provisions of Act No. 152 / 1994 Coll., on elections to councils in municipalities and amending and supplementing certain other laws |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.09.1994 |
|---|---|
| Effective from | 08.09.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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