Act No. 247 / 1995 Coll.

Act on elections to the Parliament of the Czech Republic and amending and supplementing certain other laws

Valid Law Effective from 01.01.1996
247
THE LAW
of 27 September 1995
on elections to the Parliament of the Czech Republic and amending and supplementing certain other laws
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 lays down special rules for the exercise of the state administration of elections to the Parliament of the Czech Republic, special conditions for the exercise of the right to vote 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 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 election decision is announced in the Collection of Laws and International Treaties.
(4) 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.

Oddíl druhý

Elections to the Chamber of Deputies
§ 24
The Chamber of Deputies has 200 Members elected for four years. 8)
§ 25
Member The House of Deputies may be elected by any voter who, at least on the second day of the election, has reached the age of at least 21 years and is not prevented from exercising the right to be elected on election days.
§ 26
Elections to the Chamber of Deputies are held according to the principle of proportional representation in electoral regions in the Czech Republic. Election counties are higher territorial authorities defined by specific legislation. 8a) The electoral district is the constituency.
§ 27
(1) Annex 1 to this Act provides for the territorial definition of areas abroad for elections to the Chamber of Deputies. Within 7 days of the election announcement, the State Election Commission will draw up an election region for each region abroad, which is subordinate to special constituencies from that region abroad.
(2) Only the electoral region will be included in the draw, in which the highest number of candidates that the election party can put on the election list for the Chamber of Deputies is more than 30. For areas abroad referred to in paragraph 1, the same electoral region may not be drawn for the same elections.
§ 28
On the basis of an electoral pass or on the basis of a registration, the voter's announcement of a vote in another constituency in the electoral list may vote in the elections to the Chamber of Deputies in any constituency or special constituency.
§ 31
Submission of candidate documents
(1) A nominee for election to the Chamber of Deputies is entitled to file a registered political party or political movement whose activities have not been suspended or a coalition. In the elections to the Chamber of Deputies, the coalition must have the same composition in all electoral regions. A coalition of the same composition must have the same name in all electoral regions in which it is candidate.
(2) The highest number of candidates that may be listed by the electoral party in the electoral region on the candidate list is set out in Annex 2 to this Act.
(3) The Election Party shall attach to the candidate list proof of payment of the registration fee.
§ 32
Fee for registration of a candidate for election to the Chamber of Deputies
(1) The fee charged for the registration of the ballot for elections to the Chamber of Deputies is the election party.
(2) The subject of the registration fee for a candidate for election to the Chamber of Deputies is the registration procedure for a candidate for election to the Chamber of Deputies by the Registry.
(3) The amount of the registration fee for the election to the Chamber of Deputies is CZK 19.000.
(4) The fee for registration of the ticket for election to the Chamber of Deputies and the interest on the funds in the account of the administrator of the fee held with the Czech National Bank pursuant to § 33 (2) is the income of the state budget.
(5) The fee payable for the registration of the ballot for elections to the Chamber of Deputies shall cease if the application has not been registered even after a decision by the court under the administrative order of the court. The payment obligation shall expire on the date on which the deadline for the submission of the application for registration of a candidate's instrument has expired in vain or on the date on which the court's decision became final.
§ 33
Administration of the registration fee for the election to the Chamber of Deputies
(1) The registry office is the administrator of the registration fee for the election to the Chamber of Deputies.
(2) The fee for the registration of the ballot for elections to the Chamber of Deputies is due when the application is made, but no later than 66 days before the election date. The fee shall be paid to the account of the administrator of the fee held with the Czech National Bank established no later than 72 days before the election date.
(3) If the taxpayer does not pay the fee for the registration of a candidate for election to the Chamber of Deputies by due date, the administrator shall invite him in writing to do so at the latest 58 days before the election date, within 53 days before the election date. If the fee is not paid by the taxpayer within that period, the registration office shall decide to reject the application.
(4) In the case of a fee for the registration of a candidate's instrument for election to the Chamber of Deputies, no interest shall be incurred on the late payment and no delay may be allowed, or the distribution of its remuneration in instalments.
(5) The administrator of the fee will refund the excess fee for the registration of the candidate list for elections to the Chamber of Deputies without an application within 1 month of the occurrence of the overpayment.
§ 38
Voting lists
Voting tickets for elections to the Chamber of Deputies shall be made separately for each party.
§ 39
Voting procedure
The voter puts 1 ballot in the official envelope. On the ballot, which is inserted in the official envelope, it may, by circling the serial number, indicate in no more than four candidates on the same ballot which candidate it prefers. Other written amendments to the ballot shall not affect the assessment of the ballot.
§ 41
Allocation of votes by the District Election Commission and the Special District Election Commission
After excluding the ballots from the official envelopes, the District Electoral Commission or the Special District Electoral Commission shall divide and add up the ballots which have been submitted 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.
§ 42
Minutes and results of votes
(1) The minutes of the District Electoral Commission or the Special 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, stating the reasons for the vote;
(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 open delivery envelopes for correspondence voting, of which the number of delayed delivery envelopes,
(f) the number of official envelopes surrendered;
(g) the number of votes cast for each party and the number of votes in total;
(h) the number of priority votes in force for each election party candidate;
(i) the brief content of the notifications and complaints submitted to the District Electoral Commission or the Special District Electoral Commission, the resolutions adopted by the Commission and their brief justification.
(2) To indicate the information referred to in paragraph 1 (b). (h) the District Electoral Commission or the Special District Electoral Commission shall make use of 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 in the presence of the Members of the District Electoral Commission or the President of the Special District Electoral Commission in the presence of the Members of the Special District Electoral Commission; if applicable, use auxiliary addition sheets provided electronically by the Czech Statistical Office.
§ 46
Detection of election results in the electoral district
(1) The Czech Statistical Office at the Regional Office will take over the results of the vote for all the territorial areas responsible for the election, or the special constituencies from which the minutes of the course and the outcome of the vote have been transmitted within the deadline and will process the result of the election in the electoral region.
(2) The Czech Statistical Office shall draw up a double-copy record of the election result in the electoral district and forward it to the Regional Office without delay.
(3) The record of the election result in the electoral district shall state:
(a) the number of electoral districts in the electoral district, or the number of special electoral districts, or the number of district electoral committees, or the number of special constituency committees which submitted the result of the vote;
(b) the total number of persons in the electoral district registered in the electoral records;
(c) the total number of voters in the electoral district to whom official envelopes have been issued;
(d) the total number of voters who voted on the electoral license in the electoral district;
(e) the total number of open delivery envelopes for the correspondent vote for the electoral region, of which the number of postponement envelopes,
(f) the total number of official envelopes surrendered for the electoral region;
(g) the total number of valid votes cast in the electoral district for each party and the total number of valid votes in the electoral region;
(h) the total number of priority votes per candidate.
(4) The minutes of the election result in the electoral district 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) After the signing of both copies, the Regional Office shall immediately transmit a copy of the electoral record to the Czech Statistical Office. The second copy of the minutes and other electoral documents shall be kept.
§ 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, the Czech Statistical Office will determine the total number of votes in force, which have been cast for all electoral parties in all electoral regions, and divide it by the number of elected Members in accordance with § 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
Election party procedure to 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 voting parties referred to in paragraph 1 and the votes cast for them shall no longer be taken into account.
(3) The Czech Statistical Office will find out whether at least 2 electoral parties are moving to the skrutinia.
(4) If the election parties do not proceed to the skrutinia in the number referred to in paragraph 3, the Czech Statistical Office shall reduce the number of votes in accordance with paragraph 3.
(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 valid votes cast in the electoral district for the electoral parties which have moved to the first skrutinia shall be 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 the electoral party in the electoral region is divided by the regional electoral number and the electoral party is ordered as many mandates as the regional election number is included in the total number of valid votes obtained by that party.
(4) If more mandates than were to be allocated pursuant to § 48 (2) and (3) have been distributed in this way, the remaining mandates shall be subtracted in turn to those voting parties which have shown the smallest remainder of the division in the electoral district. With the same remainder of the split, the mandate shall be subtracted from the electoral party who received 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 electoral party, the mandates of the party shall be given to the candidate in the order 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 votes in force cast for this election party in the electoral region, the mandate shall be given priority to that candidate.
(7) Where more than one candidate has fulfilled the condition laid down in paragraph 6 and the election party has obtained more than one mandate, the mandates shall, as a priority, be to those candidates who have fulfilled the condition set out in paragraph 6, 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. 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 of the election parties did not have as many candidates on the ballot as they had mandates according to the results of the first skrutinia, they would only receive as many mandates as they had candidates.
§ 51
Second scrutinium
(1) All mandates which have not been mandated in the first scrutinium shall be imposed in the second scrutinium. The remnants of the votes of each electoral party cast for them shall be transferred to the second skrutinia, and if the election party in the first skrutinium has not been given a single mandate, then all votes cast for it.
(2) In the second scrutinium, the remainder of the votes of each party shall be 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, each electoral party shall be mandated as many times as the Republic's electoral number is included in the sum of the remaining votes cast for each electoral party.
(3) If all the mandates have not been mandated in this way, the remaining mandates shall be ordered in turn to those voting parties which show the largest remainder of the division referred to in paragraph 2; in the event of equality of remains, the mandate shall be given to the electoral party which has the greater sum of the remaining votes transferred to the second skrutini. If the totals of the remaining votes are the same, the mandate of the voting party, which has received a larger number of votes, shall be given; If this number is the same, the ticket shall decide. The same applies if the electoral party 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 who has reported the smallest remainder of the division in the second scrutinium. With the same remainder, the remaining term of office shall be subtracted from that party who received a smaller number of votes; If this number is the same, the ticket shall decide.
(5) Within each electoral party, the mandates assigned to the electoral party shall be received by the candidates in accordance with the order of the electoral regions determined by the highest division residues in the first skrutinium; in the case of the equality of separation residues, the lot shall decide. The mandate shall be given gradually to the first candidate of the electoral party who has not received a mandate in the first skrutinium, in accordance with the modified 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 those electoral parties, the procedure shall be applied mutatis mutandis in accordance with the provisions of paragraphs 5 to 7 of Paragraph 50.
§ 52
Minutes of the State Election Commission and publication of election results
(1) Following the implementation of the Skrutinii, the Czech Statistical Office will send the results of the vote to the State Election Commission. The State Election Commission will approve the minutes of the result of the elections transmitted by the Czech Statistical Office. The minutes shall be signed by the members of the State Election Commission. A member of the State Election Commission may refuse to sign the minutes of the outcome of the elections and make a reservation. The reasons for refusing the signature of a member of the State Election Commission shall be set out in a separate annex to the minutes.
(2) The record of the outcome of the elections shall state:
(a) the total number of persons entered in the electoral records;
(b) the total number of voters to whom official envelopes have been issued;
(c) the total number of voters who voted for the ballot;
(d) the total number of open delivery envelopes for correspondence voting, of which the number of delayed delivery envelopes,
(e) the number of votes in force for each election party separately and for each county;
(f) a percentage of the number of votes in force cast for each party in respect of the total number of votes in force, to two decimal places; in the event of the start of a further 0,01% of the votes, the second decimal place shall be increased;
(g) the names and surnames of the candidates, broken down by the voting parties elected in the first skrutinium, and the candidates, broken down by the voting parties elected in the second skrutinium, as well as the candidates who became alternates, together with details of the results of the preferred vote; in the case of a coalition, the composition and name of the political party or political movement proposed by the candidate shall be indicated;
(h) a list of voting parties which have obtained at least 1,5 per cent without rounding from the total number of votes in force; in the case of a coalition, the composition of the coalition,
(i) a list of voting parties which have obtained at least 3% without rounding from the total number of votes in force; in the case of a coalition, the composition of the coalition shall be indicated.
§ 53
Election certificate
(1) The State Election Commission will issue a certificate to the candidates elected as Members of the Chamber of Deputies within 1 month of publication of the results of the elections that they were elected on the second day of the elections.
(2) In the event that the court finds a valid application for annulment of the candidate's election, the State Election Commission shall issue a certificate of election to the candidate in the order of § 50 within 7 days of the legal power of the decision on the candidate's nullity (§ 87).
§ 54
Replacement
(1) If a vacancy occurs, the alternate shall be taken from the candidate list of the same electoral party on the election list in the electoral district in which the vacancy of the vacancy was held, in the order of the election results. If this is not the case, the replacement of the same electoral party shall take place in the order of the number of valid votes for the candidate list; If this number is the same, the ticket shall decide.
(2) Unless there is an alternate of the same electoral party, the mandate shall remain vacant until the end of the term.
(3) If a political party or political movement has been abolished, the alternate shall not take up the seat 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 will not take over and the mandate is given to another alternate.
(4) The Chamber of Deputies shall declare the appointment of an alternate within 15 days of the date on which the Member's mandate has expired. It shall provide the alternate with a certificate stating that he has become a Member and on which date he has become a Member.
(5) If the activity of a political party or political movement or some political party or political movement forming a coalition has been suspended, the alternate shall not take place for the duration of the suspension.
(6) The status of alternate shall cease to exist
(a) the expiry of the term of office of the Chamber of Deputies,
(b) at the time of service of the resignation of an alternate in the form of a notarial record in the hands of the President of the Chamber of Deputies; notarial registration may not be more than one month old,
(c) the moment in which the replacement becomes a circumstance resulting in a loss of selectivity;
(d) dissolution of the Chamber of Deputies.
(7) The President of the Chamber of Deputies shall, at the latest after the beginning of the next meeting of the Chamber of Deputies, notify the termination of the status of alternate after having heard of this fact.
§ 55
If the Chamber of Deputies has been dissolved, the period referred to in Article 1 (3) shall be reduced to 50 days, the period referred to in Article 27 to 5 days, the period referred to in Article 33 (2) to 46 days, the time limit referred to in Article 33 (3) for the charge administrator's request to 32 days and the period referred to in Article 33 (3) for the payment of the fee to 28 days.

Oddíl třetí

Election to the Senate
§ 56
The Senate has 81 senators elected for six years. Every two years, a third of the senators are elected. 11)
§ 57
Any voter who, at least on the second day of the election, has reached the age of at least 40 years may be elected Senator and is not prevented from exercising the right to vote on election days.
§ 58
Election to the Senate takes place according to the principle of majority system in electoral districts in the Czech Republic.
§ 59
(1) 81 constituencies are created in the Czech Republic for elections to the Senate. One senator is elected in each constituency. The territorial definition of the constituencies and their headquarters are set out in Annex 3 to this Act.
(2) If the name of the municipality is changed, the territory of the municipality belongs to the current constituency.
(3) If municipalities are merged, the territory of the municipality resulting from the merger belongs to the constituency in which the largest of the merged municipalities belonged.
(4) When a municipality is connected to another municipality, the territory of the connected municipality belongs to the constituency, to which the territory of the municipality to which it is attached belongs.
(5) If a new village is created by the separation of part of the municipality, the territory of the newly created municipality belongs to the constituency, to which the territory of the municipality from which it is separated belongs.
(6) For the purposes of paragraphs 2 to 5, the municipality shall also be the urban part of the territorial subdivided statutory city, the urban district of the territorial subdivided statutory city and the urban part of the capital of Prague.
§ 59a
(1) In the year preceding the year in which the election of one third of the senators takes place, the government will report to both chambers of Parliament on the number of voters per constituency. In the report according to the first sentence, the government shall state what are the percentage deviations in the different constituencies from the average number of electorate voters.
(2) If the deviation from the average number of voters in a constituency exceeds 15% and if, by the end of the calendar year preceding that in which the election of one third of the senators takes place, at least 12 years after the entry into force of the last amendment to the zoning of constituencies, the government shall submit to the Chamber of Deputies, together with the report referred to in paragraph 1, a draft law amending the zoning of constituencies so that the deviation from the average number of voters in no constituency shall exceed 15%. The government will present this bill in such a way that a change in the territorial definition of constituencies can take effect on 1 January of the year in which the election of one third of the senators takes place.
§ 59c
On the basis of an electoral pass or on the basis of a registration, the voter's announcement of the voter's vote in another constituency in the list of voters may vote in any constituency in the territory of his constituency, if elections are held, or if the voter is not resident in the Czech Republic and has a voting entry in a special constituency in the territory of any constituency where elections are held.
§ 60
Submission of candidate documents
(1) A nominee for election to the Senate is entitled to submit a registered political party or political movement whose activities have not been suspended, a coalition or an independent candidate.
(2) The Election Party shall attach to the candidate list proof of payment of the registration fee.
(3) A petition supporting his or her candidacy, which must be signed by at least 1 000 eligible voters from the constituency where the candidate is candidate, shall be attached to the nominee's list, indicating their name, surname, date of birth and address of the permanent residence; if any of the above information is missing, or if the voter is incorrectly or unsigned, the signature shall not be counted. The header of the petition and the header of each numbered signature sheet of the paper petition shall indicate the fact that the petition is intended to support the candidacy of the independent candidate, his name and surname, the year of birth, the number and seat of the constituency of the candidate and the year of the election.
(4) A petition or a part of a petition lodged after the deadline for the lodging of the application shall not be taken into account. The defects in the petition cannot be healed.
§ 61
Fee for registration of a candidate for election to the Senate
(1) The voting party is a fee payer for the registration of a candidate for election to the Senate.
(2) The subject of a fee for the registration of a candidate's instrument of election to the Senate shall be the registration procedure for the candidate's instrument of election to the Senate by the Registration Office.
(3) The amount of the registration fee for the Senate election is CZK 20,000.
(4) The fee for the registration of the ticket for election to the Senate and the interest on the funds in the account of the administrator of the fee held with the Czech National Bank pursuant to § 62 (2) is the income of the state budget.
(5) The fee requirement for the registration of a candidate's instrument of election to the Senate is no longer applicable if:
(a) the application has not been registered either on the basis of a decision of the court under the administrative order of the court, on the date on which the time limit for the application for registration of the application for registration of the document expired in vain or on the date on which the decision of the court became final; or
(b) the candidate shall receive at least 6% of the total number of votes in the first round of the election in the constituency on the date of the announcement of the results of the first round.
§ 62
Administration of the registration fee for the Senate elections
(1) The registry office is the administrator of the registration fee for the Senate election.
(2) The registration fee for a candidate's instrument of election to the Senate is due when the candidate's instrument is lodged, but no later than 66 days before the election date. The fee shall be paid to the account of the administrator of the fee held with the Czech National Bank established no later than 72 days before the election date.
(3) If the taxpayer does not pay the fee for the registration of a candidate's letter of election to the Senate by due date, the administrator shall invite him in writing to do so no later than 58 days before the election date, within 53 days before the election date. If the fee is not paid by the taxpayer within that period, the registration office shall decide to reject the application.
(4) In the case of a registration fee for a candidate instrument for election to the Senate, there is no interest on late payments and it is not possible to allow the payment to be postponed or, where appropriate, to be split into instalments.
(5) The administrator of the fee will refund the excess fee for the registration of a candidate's letter of election to the Senate without an application within 1 month of the date of the overpayment.
§ 67

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Regulation Information

CitationAct No. 247 / 1995 Coll., on Elections to Parliament of the Czech Republic and on the amendment and addition of certain other laws
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation30.10.1995
Effective from01.01.1996
Effective until-
Status Valid
The regulation text is for informational purposes only.
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