Act No. 268 / 2024 Coll.
Act amending Act No. 88 / 2024 Coll., on the Administration of Elections, and some other laws
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268
THE LAW
of 21 August 2024
amending Act No. 88 / 2024 Coll., on the administration of elections, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Election Management Act
Act No. 88 / 2024 Coll., on the Administration of Elections, is amended as follows:
1. In the first sentence of Article 5 (3), the words "the possibility of correspondent voting 'shall be inserted after the words" a vote in a special constituency'.
2. In Article 17 (b), the words "including correspondence voting 'shall be inserted after the words" voting method'.
3. in Article 17, the following point (d) is inserted after point (c):
"(d) provide for a correspondent vote;"
Points (d) to (j) shall be renumbered as points (e) to (k).
4. In Article 19 (3) (c), the words "including the votes cast in the correspondent vote 'shall be inserted after the words" votes'.
5. In Article 23 (2), the words "and the address of the place outside the Czech Republic where he resides' shall be added at the end of the text in point (c).
6. In Article 23 (2), the following point (g) is inserted after point (f):
'(g) an indication of the issue of documents for correspondence voting,';
Point (g) shall be renumbered as point (h).
7. In the first sentence of Article 23 (4), "to (g) 'is replaced by" to (f) and (h)'.
8. In the second sentence of Article 23 (4), "and (f) 'is replaced by", (f) and (g)'.
9. In the second sentence of Paragraph 23 (5), "to (g) 'is replaced by" to (h)'.
10. in Article 24 (2) (e), "to (g)" is replaced by "to (h)";
11. in Article 26, paragraph 6 is deleted;
12. In the first sentence of Paragraph 44 (1), the word "where applicable 'shall be inserted after the word" a'.
13. In Paragraph 44, the following paragraph 2 is inserted after paragraph 1:
"(2) The Election Party may delegate 1 member and 1 alternate to the Special District Election Commission, in which special constituency may be voted in favour of its candidate list. For the election of the President of the Republic, 1 member and 1 alternate member may also delegate to each special district election committee a political party and a political movement represented in the Chamber of Deputies. '
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
14. In Paragraph 44, at the end of paragraph 4, the sentence "A member delegated pursuant to paragraph 2 shall not be required to attend the first meeting."
15. in Article 44 (5), the word "name" shall be replaced by "assemble."
16. In Article 56, the words "or, where appropriate, put it in the delivery envelope, if they vote by correspondence 'shall be added at the end of the text of paragraph 2.
17. in the first sentence of Paragraph 56 (4), the words "residing" shall be replaced by the words "residing."
18. In Paragraph 57 (1) of the Introductory Part of the provision, the words "to which documents for correspondence voting have not been issued 'shall be inserted after the word" voter'.
19. In Paragraph 57 (6), the second sentence is replaced by the following: "In the application for registration, the voter shall indicate the address of the place in the district of the representative office where he resides."
20. After Paragraph 57, the following Sections 57a to 57d are inserted:
Conditions for correspondent voting
(1) A voter with an indication of a vote in a special constituency in accordance with Rule 56 (4) may use a correspondent vote in that constituency in a territory falling within that constituency, for which implementing legislation provides.
(2) A request for correspondence voting documents may be submitted by the voter from the date of the announcement of the elections to the representative office in whose special constituency he may vote, according to the information on the electoral list.
(3) The application referred to in paragraph 2 may be made in person or by means of a person who has been established by full authority with the official signature of the voter within 2 days before the election date, or in writing within 35 days before the election date.
(a) by means of a data box of the electorate or signed by an officially certified signature of the electorate; or
(b) through a public administration or information system portal using an electronic identification device.
(4) The request referred to in paragraph 2 shall include the name and surname of the voter, the date of birth and the address located in the territory of a State which falls within the territory of the representative office referred to in paragraph 2, to which the correspondence voting documents are to be sent, or, where appropriate, an indication that the voter will take over the documents himself or through a person who will prove himself with the official signature of the voter.
Issue of documents for correspondence voting
(1) At the request referred to in § 57a (2), the representative office shall send an identification card, an official envelope, a delivery envelope and information on the voting arrangements, including a link to the website where the voting tickets are accessible for printing, no later than 25 days before the election date. If the electorate so requested or did not give an address for service, the representative office shall issue these documents in person to the electorate or to a person who shall be proved by written power of attorney with the official signature of the electorate. The representative office shall not issue correspondence voting documents to a person who, by proxy, has already taken over the correspondence voting documents for 7 voters at the same representative office for the same election.
(2) In the event of the election of the President of the Republic, the representative office shall send the correspondence voting documents simultaneously for the first and second round of the election, unless the voter requests a correspondent vote only for the first or only for the second round of the election.
(3) The identification card for correspondence voting contains:
(a) the designation of the representative office;
(b) the identification card number,
(c) the type and date of the elections and, where appropriate, the date of the relevant round of elections;
(d) the name and surname of the voter, the date of birth and the address of the place outside the Czech Republic where he resides;
(e) the stamp of the representative office, the name and surname of the staff member who is registered in the representative office and the signature thereof;
(f) the text of the statement in which the voter declares that he is voting in person and the place for the voter's signature.
(4) The delivery envelope is provided with the address of the representative office, the number of the special constituency to which the voter belongs and an indication of the elections or, where appropriate, the round of elections.
(5) An indication of the issue of correspondence voting documents shall be entered by the representative office on the electoral list.
(6) The model of the identification form for correspondence voting is laid down by the Ministry of the Interior by decree.
Correspondence vote
(1) The voter will print a ballot for correspondence voting from the information system.
(2) The voter puts the ballot in the official envelope. In the delivery envelope, the voter inserts a signed identification card and an official envelope. The voter to whom the voter card has been issued will insert the voter card into the delivery envelope. A sealed delivery envelope shall be sent by the voter to the representative office from which he received correspondence voting documents.
(3) The delivered delivery envelope shall be marked by the representative office by the time of its receipt and shall be kept in a secure place by the head of the representative office until the delivery to the Special Regional Electoral Commission.
(4) The special district electoral commission shall forward to the representative office the delivery envelopes which have been delivered no later than the end of the vote in the special constituency. An alert shall be made, signed by the Head of the representative office and the Chairman of the Special District Election Commission. The special district electoral commission shall ensure that the delivery envelopes are taken over against unauthorised loading, from the time of transmission of the delivery envelopes by the representative office until the vote count begins.
(5) Deliveries received after the deadline referred to in paragraph 4 shall be deposited by the representative office, which shall not be attached to the electoral documents.
Voices sent by correspondence
(1) Following the end of the vote, the special district electoral commission will open delivery envelopes before the vote starts. The Special District Electoral Commission shall take account only of the contents of the delivery envelope provided for in Section 57c (2).
(2) The special district electoral commission shall postpone the delivery envelope and its contents if:
(a) there is no identification note issued by the competent representative office or official envelope in the delivery envelope;
(b) the identification card is not signed by the voter;
(c) there are several official envelopes or multiple identification cards in the delivery envelope;
(d) the voter has been issued a voter card and the voter card is not in the delivery envelope; or
(e) there is a record in the voter's register that he has voted.
(3) The content of the deferred delivery envelopes is no longer taken into account by the special district electoral commission. These delivery envelopes shall be postponed to the electoral documentation, the special district electoral commission shall indicate on the delivery envelopes the reason for the postponement and shall tape the official envelopes so as to ensure the secrecy of the vote.
(4) For each voter whose delivery envelope has not been postponed, the special district electoral commission shall indicate in the voter's statement that the voter voted by correspondence and shall put the official envelope in the ballot box.
(5) In the case of a voter who votes by correspondence but is not included in the voter's statement, the special district electoral commission will request the information necessary to assess the contents of the delivery envelope from the representative office and write the voter's information in the voter's statement. The representative office shall provide the Special District Election Commission on request with information on such a voter from the electoral list to the extent necessary to add the voter to the voter list.
(6) The Special Circuit Electoral Commission will open the ballot box only after it has completed the procedure laid down in paragraphs 1 to 5 for all delivery envelopes. "
21. In Paragraph 58, at the end of the text of paragraph 2, the words "or, where appropriate, the possibility of a correspondent vote 'shall be added.
22. In Paragraph 58, the following paragraph 3 is added:
"(3) The Government shall, by regulation, determine the territorial districts and, where appropriate, parts of the district districts of the representative offices in which voters may use the correspondent vote; In so doing, it shall be based on the availability and conditions for the provision of postal services in the relevant territory, taking into account infrastructure, the internal political situation, the conflict of war, the natural disaster or any other similar situation. ';
23. In Article 68 (6), the words "documents relating to correspondence voting 'shall be inserted after the words" cards';
24. In Paragraph 77 (2), the word "or 'is replaced by a comma and after the words" another constituency' the words "or does not accept a request for correspondence voting '.
25. In Paragraph 78, at the end of paragraph 2, the sentence "The time limits and the definition of electoral days under this law and the relevant electoral laws shall not be affected by the correspondent vote 'is added.
26. In Section 79, the words "copy of the document or 'are deleted.
27. In the first and second sentences of Paragraph 79, the words "copy of the document or 'are deleted.
Amendment of the Election Act to Parliament of the Czech Republic
Act No. 247 / 1995 Coll., on 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 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 / 2010 Coll., Act No. 223 / 2012 Coll., Act No. 323 / 2006 Coll.
1. in Article 6 (5) (a):
"(a) he shall reside outside the territory of the Czech Republic on the basis of an application for registration indicating the address of the place in the territorial district of the competent representative office where he is staying, or"
2. In Article 6, the following paragraph 6 is inserted after paragraph 5:
"(6) The voter may submit the application referred to in paragraph 5 (a) to the representative office not later than 40 days before the election date
(a) at the place of work of such an office, including by means of a person who is proven to be in full authority with an officially certified signature of the electorate;
(b) by means of a data box of the electorate or signed by an officially certified signature of the electorate; or
(c) through a public administration portal using an electronic identification device issued under a qualified electronic identification system at least at the level of the guarantee. "
Paragraphs 6 and 7 shall be renumbered paragraphs 7 and 8.
3. In the second sentence of Article 6 (7), the words "residing abroad 'are replaced by the words" residing abroad';
4. In Paragraph 14g, the following paragraph 2 is inserted after paragraph 1:
"(2) He who has the right to delegate members and alternates to district electoral committees may delegate 1 member and 1 alternate to each special district electoral commission. The delegation shall be conducted in a similar manner to that of the District Electoral Commission; the list of delegates and alternates shall be delivered to the representative office. The delegate shall not be required to attend the first session of the Special District Electoral Commission. ';
Paragraph 2 shall become paragraph 3.
5.
(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 election. '
6. in Article 42 (1), the following point (e) is inserted after point (d):
"(e) the number of open delivery envelopes for correspondence voting, of which the number of delayed delivery envelopes,"
Points (e) to (h) shall be renumbered as points (f) to (i).
7. In Paragraph 42 (2), the text "(g) 'is replaced by" (h)'.
8. in Paragraph 46 (3), the following point (e) is inserted after point (d):
"(e) the total number of open delivery envelopes for correspondent voting for the electoral region, of which the number of postponement delivery envelopes,"
Points (e) to (g) shall be renumbered as points (f) to (h).
9. in Paragraph 52 (2), the following point (d) is inserted after point (c):
"(d) the total number of open delivery envelopes for correspondence voting, of which the number of delayed delivery envelopes,"
Points (d) to (h) shall be renumbered as points (e) to (i).
10. The following Annex 1 is inserted, including the title:
"Annex No 1
Territorial demarcation of areas abroad for elections to the Chamber of Deputies
| Oblast 1 Západní Evropa | Oblast 2 Ostatní Evropa | Oblast 3 Amerika | Oblast 4 Ostatní svět |
|---|---|---|---|
| území Andorry, Belgie, Francie, Irska, Lucemburska, Monaka, Nizozemského království, Portugalska, Španělska a Velké Británie a Severního Irska | území států Evropy neuvedených v oblasti 1 | území států Ameriky | území států neuvedených v oblastech 1 až 3 |
Transitional provisions
1. The elections announced before 1 January 2025 shall be conducted in accordance with Article 27 of Act No. 247 / 1995 Coll., as effective before 1 January 2025.
2. A request for entry in a special electoral list may not be submitted before 1 April 2025 through a public administration portal.
Amendment to the Administrative Rules of Procedure
In § 88 (3) of Act No. 150 / 2002 Coll., the Administrative Rules, as amended by Act No. 89 / 2024 Coll., the word "or 'is replaced by a comma and after the words" in another constituency' the words "or does not accept a request for the issue of documents for correspondence voting 'are inserted.
Amendment of the Election Act to the European Parliament
Act No. 62 / 2003 Coll., on elections to the European Parliament and amending certain laws, as amended by Act No. 320 / 2009 Coll., Act No. 222 / 2012 Coll., Act No. 58 / 2014 Coll., Act No. 114 / 2016 Coll., Act No. 322 / 2016 Coll., Act No. 90 / 2017 Coll., Act No. 38 / 2019 Coll., Act No. 282 / 2020 Coll. is amended as follows:
1. in Article 44 (1), the following point (e) is inserted after point (d):
"(e) the number of open delivery envelopes for correspondence voting, of which the number of delayed delivery envelopes,"
Points (e) to (h) shall be renumbered as points (f) to (i).
2. In Paragraph 44 (2), "(g) 'is replaced by" (h)'.
3. in Article 49 (2), the following point (e) is inserted after point (d):
"(e) the total number of open delivery envelopes for correspondence voting, of which the number of delayed delivery envelopes,"
Points (e) to (g) shall be renumbered as points (f) to (h).
Amendment of the Penal Code
Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2015 Coll.
1. In Paragraph 351 of the first section, the words' or threat of violence or 'are replaced by', threat of violence or threat of other serious harm or '.
2. In Paragraph 351, the following third-country alinea is inserted after the second alinea:
"who, in exercising the right to vote or voting in a referendum, misused the identity of another, ';
3. In Paragraph 351 of the Fourth Alinea, the words "in the document on the number of members of a political party or 'are deleted.
4. In Paragraph 351, the word "or 'shall be deleted and the following shall be inserted after the fifth:
"who exploits the exercise of his right in a correspondence manner, or '.
5. In Section 351, the term "or the representative of the local authority 'is replaced by" the European Parliament or the representative of the local authority or the election of the President of the Republic'.
Amendment to the law on the election of the President of the Republic
Act No. 275 / 2012 Coll., on the election of the President of the Republic and on the amendment of certain laws (Act on the election of the President of the Republic), as amended by the Act No. 340 / 2013 Coll., the statutory measure of the Senate No. 344 / 2013 Coll., Act No. 58 / 2014 Coll., Act No. 114 / 2016 Coll., Act No. 222 / 2016 Coll., Act No. 322 / 2016 Coll., Act No. 90 / 2017 Coll., Act No. 38 / 2019 Coll. and Act No. 89 / 2024 Coll., is amended as follows:
1. In Paragraph 20, the following paragraph 2 is inserted after paragraph 1:
"(2) He who has the right to delegate members and alternates to district electoral committees may delegate 1 member and 1 alternate to each special district electoral commission. The delegation shall be conducted in a similar manner to that of the District Electoral Commission; the list of delegates and alternates shall be delivered to the representative office. The delegate shall not be required to attend the first session of the Special District Electoral Commission. ';
Paragraph 2 shall become paragraph 3.
2. in Paragraph 51, the following point (f) is inserted after point (e):
"(f) the number of open delivery envelopes for correspondence voting, of which the number of delayed delivery envelopes,"
Points (f) to (h) shall be renumbered as points (g) to (i).
3. in Article 53 (3), the following point (g) is inserted after point (f):
"(g) the total number of open delivery envelopes for correspondence voting, of which the number of delayed delivery envelopes,"
Points (g) to (i) shall be renumbered as points (h) to (j).
Amendment to the Act amending electoral and certain other laws in connection with the adoption of the Election Management Act
In Act No. 89 / 2024 Coll., amending Election Act and certain other laws in connection with the adoption of the Election Management Act, point 40 of Article I is deleted.
CORRECTION VOTING IN CERTAIN VOTES
Subject matter
This section regulates the correspondent vote in the elections announced before the entry into force of the Election Management Act, provided that the relevant Election Act allows for voting abroad for that type of election.
Representative Office
Representative Office
(a) provide for a correspondent vote for voters who are listed in a separate electoral list;
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Regulation Information
| Citation | Act No. 268 / 2024 Coll., amending Act No. 88 / 2024 Coll., on the Administration of Elections, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.09.2024 |
|---|---|
| Effective from | 01.01.2026 |
| Effective until | - |
| Status | Valid |
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