Decree No. 265 / 2019 Coll.
Decree amending electoral laws
Valid
Order
Effective from 01.12.2019
Text versions:
01.12.2019
18.10.2019
265
DECLARATION
of 10 October 2019
amending the Decree implementing electoral laws
The Ministry of Interior provides in the agreement with the Czech Statistical Office pursuant to § 92 paragraph 1 (c) (2) of Act No. 247 / 1995 Coll., on the elections to Parliament of the Czech Republic and on the amendment and amendment of certain other laws, as amended by Act No. 204 / 2000 Coll. and Act No. 230 / 2002 Coll., under § 74 (c) of the Czech Statistical Office under § 59 (c) (1) of Act No. 130 / 2000 Coll., on the election of the Republic and on the amendment of certain laws of the Czech Statistical Office under § 70 (b) of Act No. 62 / 2003 Coll., on elections to the European Parliament and on the amendment of certain laws, and under § 69 (a) of Act No. 275 / 2012 Coll.
Amendment to Decree No 152 / 2000 Coll.
In Section 10 of the Ordinance of the Ministry of the Interior No. 152 / 2000 Coll., on the implementation of certain provisions of Act No. 130 / 2000 Coll., on Regional Councils and on the amendment of certain laws, as amended by Decree No. 565 / 2002 Coll., paragraph 2 reads as follows:
"(2) The municipal authority shall take over all electoral documents, except for one copy of the minutes on the course and the outcome of the election in the constituency from the district electoral commission. The municipal office shall keep three sets of unused ballots for archiving. Official envelopes, used ballots, auxiliary ballots for the addition of priority votes and used auxiliary census sheets, the municipal office will destroy the protocol
(a) after 30 days from the date of the futile expiry of the period for the submission of an application for nullity of vote, nullity of elections or nullity of election of the candidate (hereinafter referred to as "nullity proposal"),
(b) after 30 days from the date of the futile expiry of the period for lodging a constitutional complaint against the court's decision on the application for annulment; or
(c) 30 days after the date on which the Constitutional Court failed to comply with the last constitutional complaint lodged against the court's decision on the application for annulment. "
Amendment to Decree No 233 / 2000 Coll.
In Section 8 of the Decree of the Ministry of Interior No. 233 / 2000 Coll., on the implementation of certain provisions of Act No. 247 / 1995 Coll., on the Election to the 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 found under No. 243 / 1999 Coll. and Act No. 204 / 2000 Coll., as amended by Decree No. 80 / 2002 Coll., Decree No. 565 / 2002 Coll. and Decree No. 452 / 2013 Coll., paragraph 3 reads:
"(3) The municipal authority shall take over all electoral documents, except for one copy of the minutes on the course and the outcome of the election in the constituency from the district electoral commission. The Office of the City of Prague 1 will take over all electoral documents in the elections to the Chamber of Deputies of the Parliament of the Czech Republic, except for one copy of the minutes on the course and the outcome of the voting in special constituencies from special constituencies. The municipal office shall keep three sets of unused ballots for archiving. Official envelopes, used ballots, auxiliary ballots for the addition of priority votes and used auxiliary census sheets, the municipal office will destroy the protocol
(a) after 30 days from the date of the futile expiry of the period for the submission of an application for nullity of vote, nullity of elections or nullity of election of the candidate (hereinafter referred to as "nullity proposal"),
(b) after 30 days from the date of the futile expiry of the period for lodging a constitutional complaint against the court's decision on the application for annulment; or
(c) 30 days after the date on which the Constitutional Court failed to comply with the last constitutional complaint lodged against the court's decision on the application for annulment. "
footnote 18 is deleted.
Amendment of Decree No 59 / 2002 Coll.
In Section 13 of the Decree of the Ministry of Interior No. 59 / 2002 Coll., on the implementation of certain provisions of Act No. 491 / 2001 Coll., on the elections to municipal councils and on the amendment of certain laws, paragraph 2 reads as follows:
"(2) The municipal authority shall take over all electoral documents, except for one copy of the minutes on the course and the outcome of the election in the constituency from the district electoral commission. The municipal office shall keep three sets of unused ballots for archiving. Official envelopes, ballots used, ballots used to indicate the number of valid votes cast for each election party or for each candidate and the auxiliary census sheets used, the municipal office shall record:
(a) after 30 days from the date of the futile expiry of the period for the submission of an application for nullity of vote, nullity of elections or nullity of election of the candidate (hereinafter referred to as "nullity proposal"),
(b) after 30 days from the date of the futile expiry of the period for lodging a constitutional complaint against the court's decision on the application for annulment; or
(c) 30 days after the date on which the Constitutional Court failed to comply with the last constitutional complaint lodged against the court's decision on the application for annulment. "
Amendment to Decree No. 409 / 2003 Coll.
Decree No. 409 / 2003 Coll., implementing Act No. 62 / 2003 Coll., on elections to the European Parliament and amending certain laws, as amended by Decree No. 251 / 2006 Coll., Decree No. 368 / 2008 Coll., Decree No. 442 / 2009 Coll., Decree No. 452 / 2013 Coll., Decree No. 63 / 2014 Coll., Decree No. 91 / 2017 Coll., Decree No. 475 / 2017 Coll., Decree No. 185 / 2018 Coll. and Decree No. 39 / 2019 Coll., is amended as follows:
1. Paragraph 6 (2) reads as follows:
"(2) The municipal authority shall take over all electoral documents, except for one copy of the minutes on the course and the outcome of the election in the constituency from the district electoral commission. The municipal office shall keep three sets of unused ballots for archiving. Official envelopes, used ballots, auxiliary ballots for the addition of priority votes and used auxiliary census sheets, the municipal office will destroy the protocol
(a) after 30 days from the date of the futile expiry of the period for the submission of an application for annulment of the candidate's choice (hereinafter referred to as "the application for annulment"),
(b) after 30 days from the date of the futile expiry of the period for lodging a constitutional complaint against the court's decision on the application for annulment; or
(c) 30 days after the date on which the Constitutional Court failed to comply with the last constitutional complaint lodged against the court's decision on the application for annulment. "
2. Paragraph 6 (3) is deleted.
Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.
Amendment to Decree No 294 / 2012 Coll.
Decree No. 294 / 2012 Coll., on the implementation of certain provisions of the Act on the Election of the President of the Republic, as amended by Decree No. 452 / 2013 Coll., Decree No. 91 / 2017 Coll., Decree No. 475 / 2017 Coll., Decree No. 185 / 2018 Coll. and Decree No. 39 / 2019 Coll., is amended as follows:
1. Paragraph 1 (2) reads as follows:
"(2) The municipal authority shall take over all electoral documents, except for one copy of the minutes on the course and the outcome of the election in the constituency, from the district electoral commission. Through the Ministry of Foreign Affairs, the Ministry of the Interior will take over all electoral documentation from special district election committees. The Municipal Office and the Ministry of the Interior shall keep for archiving 3 sets of unused ballots for the election of the President of the Republic. Official envelopes and used ballots the municipal office and the Ministry of the Interior will destroy
(a) after 30 days from the date of the futile expiry of the deadline for the submission of an application for annulment of the President's election (hereinafter referred to as the "motion for annulment"),
(b) after 30 days from the date of the futile expiry of the period for lodging a constitutional complaint against the court's decision on the application for annulment; or
(c) 30 days after the date on which the Constitutional Court failed to comply with the last constitutional complaint lodged against the court's decision on the application for annulment. "
2. Paragraph 1 (3) and (4) are deleted.
Paragraphs 5 to 7 shall be renumbered paragraphs 3 to 5.
EFFECTIVE
This Decision shall enter into force on 1 December 2019.
Minister:
Hamlet v. r.
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Regulation Information
| Citation | Decree No. 265 / 2019 Coll., amending the Decree implementing electoral laws |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.10.2019 |
|---|---|
| Effective from | 01.12.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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