Act No. 189 / 2021 Coll.

Act amending Act No. 247 / 1995 Coll., on Elections to Parliament of the Czech Republic and amending and supplementing certain other laws, as amended

Valid Law Effective from 01.07.2021
189
THE LAW
of 29 April 2021
amending Act No. 247 / 1995 Coll., on Elections to Parliament of the Czech Republic and amending and supplementing certain other laws, as amended
Parliament has decided on this law of the Czech Republic:
Čl. I
Act No. 247 / 1995 Coll., on the Election to Parliament of the Czech Republic and on the amendment and addition of certain other laws, as amended by Act No. 212 / 1996 Coll., the Constitutional Court Act No. 243 / 1999 Coll., Act No. 204 / 2000 Coll., Act No. 90 / 2016 Coll., Act No. 2019 / Coll., Act No. 64 / 2001 Coll., Act No. 491 / 2001 Coll., Act No. 58 / 2002 Coll., Act No. 59 / 2014 Coll., Act No. 171 / 2002 Coll., Act No. 230 / 2002 Coll., Act No. 320 / 2009 Coll., Act No. 195 / 2004 Coll., Act No. 223 / 2012 Coll., Act No. 323 / 2006 Coll., Act No. 480 / 2006 Coll., Act No. 110 / 2008 Coll., Act No. 200 / 2009 Coll., Act No. 20 / 2009 Coll., Act No. 49, Act No. 20 / 2010 Coll., Act No. 20 / 2010 Coll.
1. paragraphs 48 to 51, including the headings, read:
„§ 48
Determination of the number of Members elected in the electoral regions
(1) On the basis of the results of the votes taken from the constituencies and special constituencies of the mandated municipal authorities pursuant to § 43, the Czech Statistical Office shall determine the total number of votes in force which have been cast for all political parties, political movements and coalition in all electoral regions and shall divide it by the number of elected Members pursuant to § 24. The number thus calculated and rounded to the units shall be the Republic Mandate Number.
(2) The Republic's mandate number is divided by the total number of votes in force cast in each electoral region. The whole number thus calculated is the number of mandates corresponding to each electoral region.
(3) If not all the mandates have been divided in this way, the remaining mandates will fall to the electoral regions, which show the largest remainder of the division. In the case of equality of remains, the ticket shall be decided.
§ 49
Progress of political parties, political movements and coalitions into the first skrutinia
(1) The Czech Statistical Office finds,
(a) obtained less than 5% of the total number of valid votes by political parties or political movements;
(b) obtained by a coalition composed of two political parties or, where appropriate, political movements, less than 8% of the total number of valid votes;
(c) which the coalition of 3 or more political parties or political movements have obtained less than 11% of the total number of valid votes.
(2) In the further detection of electoral results and the allocation of mandates, the political parties, political movements and coalitions referred to in paragraph 1 and the votes cast for them shall no longer be taken into account.
(3) The Czech Statistical Office will determine whether they are advancing to the Skrutinia at least
(a) 2 coalition;
(b) 1 coalition and 1 political party or political movement; or
(c) 2 political parties or political movements.
(4) If political parties, political movements or coalitions do not advance to the Skrutinia, the Czech Statistical Office will reduce the
(a) political parties or political movements 5% at the 4% of the total number of votes in force;
(b) the coalition referred to in paragraph 1 (b) shall have a threshold of 8 per cent at the limit of 7 per cent of the total number of votes in force;
(c) the coalition referred to in paragraph 1 (c) shall have a limit of 11 per cent at the limit of 10 per cent of the total number of votes in force.
(5) If, in accordance with the procedure laid down in paragraph 4, no procedure for skrutinia is reached in the number referred to in paragraph 3, the Czech Statistical Office shall reduce the limit by an additional percentage.
§ 50
First scrutinium
(1) The first skrutinium divides mandates within the electoral regions.
(2) The sum of the valid votes cast in the electoral district for political parties, political movements and coalitions that have advanced to the first skrutinia is divided by the number of mandates allocated to that electoral region, increased by two; the number thus calculated and rounded to the units shall be the regional electoral number.
(3) The total number of valid votes received by a political party, a political movement or a coalition within the electoral region is divided by the regional electoral number and the political party, a political movement or a coalition will be mandated as many times as the regional electoral number is included in the total number of valid votes obtained by that political party, political movement or coalition.
(4) If more mandates than were to be allocated in accordance with Paragraph 48 (2) have been distributed in this way, the remaining mandates shall be subtracted in turn to those political parties, political movements or coalitions which have shown the least of the divisions in the electoral district. With the same remainder of the division, the mandate shall be subtracted to a political party, political movement or coalition which has obtained a smaller number of votes in the electoral district; If the number of votes in force is the same, the lot shall decide.
(5) Within each political party, political movement and coalition, the mandates of the party-mandated candidates shall be given in order as indicated on the ballot.
(6) However, if one of the candidates has obtained a number of priority votes of at least 5% of the total number of valid votes cast for that political party, political movement or coalition in the electoral region, the mandate shall be given priority to that candidate.
(7) In the event that several candidates have fulfilled the condition set out in paragraph 6 and the political party, political movement or coalition has obtained more mandates, the mandates shall be given priority to those candidates who have fulfilled the condition set out in paragraph 6, in the order of the highest 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. Candidates who have not fulfilled the condition laid down in paragraph 6 shall be mandates in the order indicated on the ballot.
(8) If some political party, political movement or coalition did not have as many candidates on the ballot as the first skrutinia results give them a mandate, they will receive only as many mandates as the candidate has.
§ 51
Second scrutinium
(1) All mandates which have not been mandated in the first scrutinium shall be imposed in the second scrutinium. The remainder of the votes of each political party, political movement and coalition submitted to them shall be transferred to the second skrutinia, and if the political party, political movement or coalition in the first skrutinium has not been in possession of one mandate, then all votes cast to it.
(2) In the second scrutinium, the remaining votes of individual political parties, political movements and coalitions are added. This sum shall be divided by the number of mandates not assigned in the first scrutinium, increased by one. The number thus calculated and rounded to the units shall be the Republic electoral number. On this basis, every political party, political movement and coalition will be ordered as many mandates as the republican electoral number is included in the sum of the remaining votes cast for each political party, political movement or coalition.
(3) If not all mandates have been mandated in this way, the remaining mandates shall be ordered in turn to those political parties, political movements and coalitions which show the greatest remainder of the division referred to in paragraph 2; in the case of equality of remains, the mandate of the political party, the political movement or the coalition shall be ordered, which shall have a larger sum of the remnants of the votes transferred to the second scrutin. If the totals of the remaining votes are the same, the mandate of the political party, the political movement or the coalition, which has received a larger number of votes, shall be given; If this number is the same, the ticket shall decide. The same is true if a political party, political movement or coalition has fewer candidates for the other skrutinium than the mandates on it.
(4) Where more than one mandate has been mandated in accordance with paragraph 2, the remaining mandate shall be subtracted from that party, political movement or coalition which has shown the smallest remainder of the division in the second skrutinium. With the same remainder, the remaining mandate of that political party, political movement or coalition shall be subtracted, which has received a smaller number of votes; If this number is the same, the ticket shall decide.
(5) Within the different political parties, political movements and coalitions, mandates shall be given to the political party, political movement or coalition of candidates according to the ranking of electoral regions determined according to the highest remaining divisions in the first skrutinium; in the case of the equality of separation residues, the lot shall decide. The mandate shall be given in turn to the first candidate of the political party, political movement or coalition, who has not received a mandate in the first skrutinium, according to the adjusted order on the ballot for the region.
(6) Candidates who have not received a mandate either in the first or in the second skrutinium become alternates. In order to determine the ranking of the alternates within these political parties, political movements and coalitions, the provisions of paragraphs 5 to 7 of Section 50 shall apply mutatis mutandis. ';
2. In the first sentence of Paragraph 52 (1), "skrutinia 'is replaced by" skrutinii'.
3. in Paragraph 52 (2) (d):
"(d) the names and surnames of candidates, broken down by political parties, political movements and coalitions elected in the first skrutinium, and of candidates broken down by political parties, political movements and coalitions elected in the second skrutinium, as well as of candidates who have become alternates, together with details of the results of the preferred vote.";
4. In Paragraph 53 (2), "51 'is replaced by" 50'.
Čl. II
Efficacy
This Act shall take effect on 1 July 2021.
Vondracek v. r.
Zeman v. r.
Babiš v. r.

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Regulation Information

CitationAct No. 189 / 2021 Coll., amending Act No. 247 / 1995 Coll., on Elections to Parliament of the Czech Republic and amending and supplementing certain other laws, as amended
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation12.05.2021
Effective from01.07.2021
Effective until-
Status Valid

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