What is Act No. 275 / 2012 Coll.?

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) — Law on the election of the President of the Republic and amending certain laws (Law on the election of the President of the Republic).

When it became Act No. 275 / 2012 Coll. effectiveness?

Act No. 275 / 2012 Coll. became effective 01.10.2012.

Is Act No. 275 / 2012 Coll. still valid?

Yes, Act No. 275 / 2012 Coll. is still valid and effective.

How many times was it Act No. 275 / 2012 Coll. amended?

Act No. 275 / 2012 Coll. has 14 time versions of the text.

Act No. 275 / 2012 Coll. - Law on the election of the President of...

275

THE LAW

of 18 July 2012

on the election of the President of the Republic and amending certain laws (Law on the election of the President of the Republic)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

OPENING THE PRESIDENT OF THE REPUBLIC

HLAVA I

GENERAL PROVISIONS

§ 1

Subject matter

This law lays down specific rules for the exercise of the administration in the election of the President of the Republic (hereinafter referred to as the "election of the President '), specific conditions for the exercise of the right to vote in that election and specific rules for determining the outcome of that election. Common rules for the administration of elections are laid down in the Electoral Governance Act.

§ 3

Announcement of presidential election and constituency

(1) The President of the Senate announces the election of the President by declaring a decision on the election of the President in the Collection of Laws and International Treaties so that any second round of the President's election takes place no later than 30 days before the end of the term of office of the President-in-Office.

(2) For the election of the President, the territory of the Czech Republic consists of one constituency.

§ 4

Right to vote

The voter is a citizen of the Czech Republic (hereinafter referred to as "the citizen"), who reached the age of 18 at least the second day of election of the President. In the second round of the presidential election, a citizen can also vote, who has reached the age of 18 at least the second day of the second round of the presidential election.

HLAVA III

CANDIDATE SHEET

§ 21

Submission of a candidate list

(1) At least twenty Members, hereinafter referred to as "proposing Members," or at least ten Senators (hereinafter referred to as "proposing Senators"), or a citizen who has reached the age of 18, may file a draft petition in support of a petition signed by at least 50 000 citizens entitled to vote for the President of the Republic (hereinafter referred to as "proposing citizens"). A Member or Senator may be part of only one group of proposing Members or proposing Senators.

(2) Proposing Members, Proposing Senators or Proposing Citizen may file only one candidate list. The candidate may only be listed on one candidate list.

(3) The Ministry of the Interior shall publish, without undue delay, following the submission of a candidate list on its website intended for elections:

(a) an overview of Members and Senators who have submitted or joined the already submitted candidate lists;

(b) information which a Member or Senator is part of more than one group of proposing Members or proposing Senators;

(c) the information proposed by the candidate by Members or Senators;

(d) the name and surname of the proposing citizen and the information proposed by the candidate.

(4) The termination of the mandate of a Member or Senator or the position of the proposing citizen following the lodging of a candidate document shall not be taken into account.

(5) Until the expiry of the deadline for the submission of the application form, the Member or Senator may join the list already submitted.

(6) If, after the expiry of the period for the submission of the nominee, a Member or Senator is part of more than one group of proposing Members or proposing Senators, he shall be regarded as not being part of any group of proposing Members or proposing Senators.

(7) If there is no or only 1 candidate list or if no or only 1 candidate list is registered, a new election of the President shall take place. The Ministry of the Interior shall immediately inform the President of the Senate and, if the function of President of the Senate is not filled, the President of the Chamber of Deputies.

§ 23

Electronic petition to support candidacy

(1) If the nominating citizen is not simultaneously a candidate, the consent of the candidate to use the electronic identification device issued under the qualified electronic identification system at least at the level of the guarantee shall be required to establish an electronic petition. The candidate may also give his consent by means of a public authority contact point, in person or in paper form, with his officially certified signature; the consent shall include a statement that the candidate agrees to establish an electronic petition to support his or her candidacy in the election of the President and details of the proposed citizen and candidate within the scope of the name, surname and number of the identity card or passport, indicating the type of document concerned.

(2) If the proposing citizen mentioned in the electronic petition renounces his or her status or loses his / her capacity to be a proposing citizen, he / she becomes a proposing citizen.

(3) The consent of the candidate shall be required to remove the electronic petition. The petition will also be removed by withdrawing the candidate's consent to the electronic petition. The consent of the candidate to remove an electronic petition or to withdraw the consent of the candidate to establish an electronic petition may be given in the same way as the candidate referred to in paragraph 1 gives his consent to the establishment of an electronic petition.

(4) An extract from an electronic petition based on support for its candidacy under the Election Management Act can also be created by a candidate.

§ 25

Formats and scrutiny of the petition to support the candidacy

(1) A paper petition shall be attached to the candidate list if the proposed citizen collected signatures using paper signatures. The paper signature sheets must be numbered. The heading of the petition and the heading of each of its numbered signature sheets shall indicate the fact that the petition is intended to support the candidate's candidacy, his name and surname and the year of birth and the year of election of the President. Any citizen supporting the candidate's candidacy shall indicate on the signature sheet his name, surname, date of birth and the ID card or passport number indicating the type of document concerned and shall attach his own signature.

(2) If the number of petitions recorded on the electronic petition is at least 50 000, the condition of support for the candidate's candidacy proposed by the proposing citizen under Paragraph 21 (1) is fulfilled.

(3) If the number of petitions recorded on the electronic petition does not amount to at least 50 000, the Ministry of the Interior shall determine the total number of complete entries on the paper petition and on the electronic petition. The total number shall not include the entry shown on the signature sheet of a paper petition which is not accompanied by the header in accordance with paragraph 1, or if one of the particulars referred to in paragraph 1 of the fourth sentence is missing or is given incompletely. If the figure thus established is less than 50 000, the condition of support for the candidate's candidacy proposed by the proposing citizen pursuant to Paragraph 21 (1) is not fulfilled.

(4) If the total number of complete records established in accordance with paragraph 3 is at least 50 000, the Ministry of the Interior shall check the accuracy of the data on paper petitions, while at the same time verifying whether the controlled petitioners are citizens entitled to vote for the President of the Republic and whether they are listed only once for the petition to support the candidate's candidacy. If a multiple occurrence of the same petitioner is detected for a petition to support the candidate's candidacy, it shall be counted only once. If the Ministry of the Interior ascertains the correctness of the data for such a number of citizens entitled to vote for the President of the Republic, which, in addition to the number of petitions recorded on the electronic petition, is at least 50 000, the condition that the candidate proposed by the nominating citizen under Paragraph 21 (1) is supported is met.

(5) 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.

§ 28

Voting lists

(1) For the first round of the election of the President of the Republic, all candidates are listed on a joint ballot. The order of candidates shall be drawn up by the registration office. A box shall be placed before the name of each candidate.

(2) For the second round of the election of the President of the Republic, each candidate shall be placed on a separate ballot.

HLAVA IV

VOTING

§ 33

Election card

On the basis of an electoral pass or on the basis of a registration, the voter's announcement of voting in another constituency in the electoral list may vote in the election of the President in any constituency or special constituency.

§ 42

Voting procedure

(1) In the first round of the election of the President of the Republic, the voter will mark the candidate for the vote in front of the candidate's name. The ballot will be placed in an official envelope.

(2) In the second round of the election of the President of the Republic, the voter will insert 1 ballot in the official envelope. This ballot is not being edited.

HLAVA V

PRESIDENT'S RESULT

§ 49

Allocation of votes by the District Election Commission and the Special District Election Commission

(1) After excluding ballots from the official envelopes, the District Electoral Commission and the Special District Electoral Commission shall split the ballots according to the candidates' votes and add them up, excluding invalid voter votes for the reasons set out in the Electoral Management Act and in paragraph 2.

(2) The voter vote cast in the first round of the President's election is invalid if the voter

(a) has not marked any candidate on the ballot by a cross in the frame;

(b) mark more than one candidate on the ballot; or

(c) identify the candidate in a different way than a cross in the box before his name.

§ 51

Minutes of the voting process and outcome in the constituency and in the special constituency

The minutes of the District Electoral Commission or of the Special District Electoral Commission on the progress and outcome of the vote shall include:

(a) identification of the constituency or special constituency;

(b) the time of the beginning and termination of the vote and, where appropriate, the postponement, interruption or extension, stating the reasons for the vote;

(c) the total number of persons in the constituency or in the special constituency listed in the voter's statement;

(d) the number of voters to whom official envelopes have been issued;

(e) the number of voters who voted for the ballot;

(f) the number of open delivery envelopes for correspondence voting, of which the number of delayed delivery envelopes,

(g) the number of official envelopes surrendered;

(h) the number of votes cast for each candidate and the number of votes valid for all candidates;

(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.

§ 53

Finding out the outcome of the President's election

(1) The Czech Statistical Office will take over the results of the vote for all electoral districts and special constituencies from which the results of the vote have been submitted within the deadline set; process the overall result of the President's election and make a record of the President's election.

(2) The State Election Commission will approve the minutes of the outcome of the election 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.

(3) The minutes of the State Election Commission on the outcome of the election of the President shall state:

(a) the number of electoral precincts in total and the number of district electoral commissions which have submitted the result of the vote;

(b) the number of special constituencies in total and the number of special constituency committees which submitted the result of the vote;

(c) the total number of persons registered in the electoral records;

(d) the total number of voters to whom official envelopes have been issued;

(e) the total number of official envelopes surrendered,

(f) the total number of voters who voted for the ballot;

(g) the total number of open delivery envelopes for correspondence voting, of which the number of delayed delivery envelopes,

(h) the total number of votes in force cast for all candidates;

(i) the ranking of candidates by the number of votes in force obtained and the number of those votes; where several candidates have received the same number of votes, they shall be indicated in alphabetical order;

(j) the name and surname of the candidate elected (§ 54), or the fact that none of the candidates received the number of votes required for election.

§ 54

Election of the candidate

The President of the Republic shall be elected in the first round by the candidate who has obtained an absolute majority of the total number of valid votes of the eligible voters who have taken part in the elections and have submitted a valid vote (hereinafter referred to as the "eligible voter ').

§ 55

Announcement of the outcome of the President's election after the first round of the President's election

According to the results of the State Electoral Commission

(a) where the President of the Republic has been elected in the first round, declare and transmit the overall result of the President's election (§ 57); or

(b) declare the result of the election of the President as the first round of the election of the President by publishing the minutes of the State Election Commission on the outcome of the election of the President on the website of the Ministry of the Interior for Election.

§ 56

Second round of presidential election

(1) In the event that none of the candidates receives the number of votes needed to be elected pursuant to § 54, the Ministry of the Interior shall ensure that the second round of the President's election takes place 14 days after the beginning of the first round of the President's election in the place and the time required under § 2.

(2) The second round of the election of the President shall be followed by two candidates who received in the first round of the election of the President the most votes cast by authorised voters. If a number of candidates with the same number of votes cast by eligible voters have been placed first, all those candidates shall proceed to the second round only from the first. If there is a consensus on the number of valid votes cast by eligible voters in the second place, the candidate from the first place and all candidates from the second place shall proceed to the second round of the presidential election.

(3) If a candidate who has moved to the second round of the election of the President ceases to be electable for the President of the Republic before the second round of the election of the President or renounces the right to stand and there are not at least two candidates remaining, the candidate who has obtained the next highest number of valid votes of the eligible voters in the first round of the election of the President shall proceed to the second round of the election of the President. All such candidates shall proceed with the equality of the valid votes cast by authorised voters. The second round of the presidential election is also held if only one candidate is present.

(4) The Ministry of the Interior will publish immediately after the expiry of the deadline for renunciation on its election website information on candidates who have moved to the second round of the presidential election.

(5) When printing ballots for the second round of election of the President, the ballots of all candidates from the first round of election of the President shall be printed, marked "second round of election of the President." Each candidate shall be on a separate ballot. Before the second round of the election of the President, the District Election Commission shall select the voting lists of the candidate candidates. For voting in special constituencies, all representative offices shall ensure the production of ballots on the basis of the views of ballots in the electoral management information system and shall deliver them to the special district election committee no later than 24 hours before the start of the second round of the election.

(6) For the second round of the presidential election, the provisions of this law and of the Election Management Act shall apply mutatis mutandis.

(7) The President of the Republic is elected the candidate who won the highest number of valid votes of eligible voters in the second round of the presidential election. If there are more than one candidate, the President of the Republic is not elected.

§ 57

Announcement and transmission of the overall outcome of the President's election

The State Electoral Commission shall forward the overall result of the election to the President of the Senate and, if the office of President of the Senate is not filled, to the President of the Chamber of Deputies immediately after the announcement of the overall result of the election of the President.

§ 59

New presidential election, repeated presidential election or repeated part of the presidential election

(1) The new election of the President takes place,

(a) has not been elected by the President of the Republic; or

(b) if the elected candidate dies before a promise is taken or refuses to make a promise or a promise subject to reservation.

(2) The repeated election of the President or the repetition of part of the President's election shall take place if the court finds the motion for annulment of the President's election (§ 66) justified. If the court decides to repeat part of the election of the President, the electoral authorities shall proceed from acts under this law and the electoral administration law which the court referred to in its decision as the grounds for repeating part of the election of the President and those directly related thereto.

(3) A new or repeated election of the President shall be declared by the President of the Senate no later than 10 days after the cause referred to in paragraph 1 or 2 has occurred, and shall determine the date of the election to take place no later than 90 days after its publication. The new and repeated election of the President shall be subject to the terms of this Act and the Election Management Act mutatis mutandis.

(4) The President of the Senate shall declare a repetition of a part of the President's election no later than 10 days after the reason referred to in paragraph 2 has occurred and no later than 30 days before the first act to be repeated. In order to repeat part of the presidential election, the deadlines under this Act and the Election Management Act apply mutatis mutandis.

§ 61

Entitlements of candidates

(1) The candidate shall have the right, from the day following the date of registration of the nominee until the date before the election of the President or, where applicable, before the second round of the election of the President, to provide him with leave of absence of compensation or leave of absence of service. The activity of the candidate during this period is another act of general interest.

(2) The fact that someone is a candidate must not prejudice them in their employment or service relations.

HLAVA VII

COURT REVIEW

§ 65

Synergies of the Ministry of Interior in protection proceedings concerning the registration of a candidate list

The Supreme Administrative Court may, in proceedings for protection in respect of registration of a candidate's claim form, require the Ministry of the Interior to carry out a repeated check of petitions to support a candidate under § 25 (2) to (4) to the extent and under the conditions specified by the Court in the decision.

§ 66

Protection regarding the election of the President

(1) By filing a motion for annulment of the President's election, any voter, proposing Members, proposing Senators or proposing citizens (hereinafter referred to as "the appellant ') may seek protection in a court under another legislature12. The proposal shall be submitted no later than 7 days after the announcement of the overall result of the election of the President of the State Election Commission.

(2) A motion for annulment of the President's election may be made by the appellant, if he considers that the provisions of the law have been infringed in a way that has grossly affected the outcome of the President's election.

§ 68

Jurisdiction of the court

The Supreme Administrative Court shall have jurisdiction in proceedings under Paragraph 66.

HLAVA IX

TRANSITIONAL PROVISIONS

§ 75

The necessary acts relating to the election of the President made before the date of entry into force of this Act shall be deemed to have been taken under this Act.

ČÁST DRUHÁ

Amendment of the Act establishing ministries and other central government bodies

§ 76

Act No. 1 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 1992 Coll., Act No. 5 / 1992 Coll., Act No. 5 / 1992 Coll.

1. in Article 6 (3) (k), the words "and the election of the President of the Republic" shall be inserted after the words "the Czech Republic."

2. in Article 12 (1) (l):

"(l) elections to the local authorities, to the Parliament of the Czech Republic, to the European Parliament held in the Czech Republic and the election of the President of the Republic,"

ČÁST ČTVRTÁ

Amendment to the Constitutional Court Act

§ 79

Act No. 182 / 1993 Coll., on the Constitutional Court, as amended by Act No. 331 / 1993 Coll., Act No. 236 / 1995 Coll., Act No. 77 / 1998 Coll., Act No. 18 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 48 / 2002 Coll., Act No. 202 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 114 / 2003 Coll., Act No. 83 / 2004 Coll., Act No. 120 / 2004 Coll., Act No. 234 / 2006 Coll., Act No. 342 / 2006 Coll., and Act No. 227 / 2009 Coll., is amended as follows:

1. in § 43 (2) (b), the words ", § 97, 105" shall be inserted after the words "§ 71a (1)."

2. Article 96 shall be deleted;

3. in Articles 97 (1) and (2), 104 (1) and 105 (1), the words "or gross violation of the Constitution or any other part of the constitutional order" shall be inserted after the word "treason."

4. Paragraph 98 (3) reads as follows:

"(3) The fact that the President of the Republic, having given up his office after the initiation of the proceedings, or that his office has ceased to exist, does not constitute a reason to terminate the proceedings. '

5. Paragraph 101 (1) reads as follows:

"(1) The Judge-Rapporteur shall, as appropriate, supplement the enquiries carried out by the Senate and, where appropriate, invite the Senate to complete the enquiries and proceedings and prepare oral proceedings. ';

6. In Paragraph 102, the word 'in particular' is replaced by 'at least'.

ČÁST PÁTÁ

Amendment to the Advertising Regulation Act

§ 80

In Article 2 of Act No. 40 / 1995 Coll., on the regulation of advertising and amending and supplementing Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, as amended, as amended, as amended, Act No. 138 / 2002 Coll., Act No. 480 / 2004 Coll., Act No. 384 / 2005 Coll., Act No. 36 / 2008 Coll. and Act No. 132 / 2010 Coll., the dot is replaced by a comma at the end of paragraph 1 and the following point (g) is added:

"(g) anonymous advertising concerning elections during the election campaign under the electoral law."

ČÁST ŠESTÁ

Amendment of the State Statistical Service Act

§ 81

In Article 4 (1) of Act No. 89 / 1995 Coll., on the State Statistical Service, as amended by Act No. 230 / 2006 Coll., point (p) reads:

"(p) the administration of the State in the area of the processing of election results to the local authorities, the Parliament of the Czech Republic, the European Parliament held in the Czech Republic and the election of the President of the Republic and the processing of the results of the national referendum to the extent provided for by specific legislation."

ČÁST SEDMÁ

Amendment to the Rules of Procedure of the Chamber of Deputies

§ 82

Act No. 90 / 1995 Coll., on the Rules of Procedure of the Chamber of Deputies, as amended by Act No. 47 / 2000 Coll., Act No. 39 / 2001 Coll., Act No. 78 / 2002 Coll., Act No. 192 / 2002 Coll., Act No. 282 / 2004 Coll., Act No. 359 / 2004 Coll., Act No. 482 / 2004 Coll., Act No. 167 / 2005 Coll., Act No. 205 / 2006 Coll., Act No. 573 / 2006 Coll., Act No. 162 / 2009 Coll., Act No. 402 / 2009 Coll., Act No. 265 / 2011 Coll., and Act No. 375 / 2011 Coll., is amended as follows:

1. in Paragraph 29 (1), points (b) and (c) are deleted;

Points (d) to (i) shall be renumbered (b) to (g).

2. In Paragraph 50 (1), point (j) is deleted.

Points (k) to (zb) shall be renumbered as points (j) to (za).

3. In Article 70, paragraph 5 is added, including footnote 12a:

"(5) In order to give consent to a constitutional action against the President of the Republic to the Constitutional Court for treason or for gross violation of the Constitution or any other part of the constitutional order, the consent of a majority of three-fifths of all Members shall be required. If the House does not give its consent within 3 months of the date on which the Senate requested it, it shall be understood that the assent was not Danish. 12a)

12a) Article 65 (3) of the Constitution. '

4. Article 80 shall be deleted;

5.

„§ 81

The President of the House shall convene a joint meeting of the House and the Senate after the election of the President of the Republic, at which the President of the Republic shall take his oath in the hands of the President of the Senate. '

6. In Annex 2, Article 1 (8), the second sentence is deleted.

Citation	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)
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	22.08.2012
Effective from	01.10.2012
Effective until	-
Status	Valid

Act No. 275 / 2012 Coll.

Law on the election of the President of the Republic and amending certain laws (Law on the election of the President of the Republic)

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