Decree No. 294 / 2012 Coll.
Decree on the implementation of certain provisions of the law on the election of the President of the Republic
Valid
Order
Effective from 01.10.2012
294
DECLARATION
of 30 August 2012
on the implementation of certain provisions of the law on the election of the President of the Republic
The Ministry of the Interior provides pursuant to § 69 (a) of 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), in an agreement with the Czech Statistical Office pursuant to § 69 (b) of the Act and in an agreement with the Ministry of Labour and Social Affairs and the Ministry of Finance pursuant to § 69 of the Act. (c) the following act:
Procedure for storing and archiving ballots and other electoral documents
(1) Before the election of the President of the Republic, the Municipal Office and the representative office shall ensure that the votes, envelopes and forms are protected in such a way as to prevent their abuse.
(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, used delivery 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.
(3) The electoral documents of the regional authorities and the entrusted municipal authorities shall be kept by those authorities. A copy of the minutes shall be kept by the municipal office responsible for voting in the constituencies. A copy of one copy of the minutes on the course and the result of the vote in the special constituency shall be kept by the Czech Statistical Office.
(4) The documentation on the financial costs of choosing the President of the Republic shall be stored separately from the other electoral documents.
(5) The following shredding features and deadlines shall be laid down for electoral documents concerning the President's election:
(a) the shredder mark A for the candidate documents, statements of candidates, including other supporting documents on the candidate list, petitions, surrender documents or information on the loss of the candidate's independence, the decision of the Ministry of the Interior to register or reject the candidate document, the court's decision on the registration of the candidate list, voting papers, the record of the course and outcome of the vote and the minutes of the outcome of the President's election; the shredding period shall be set at 10 years,
(b) the V-shredder for further electoral documentation; the shredding period shall be set at 5 years.
Procedure by the Ministry of the Interior for the transmission of documents from the candidate lists for the creation of the candidate register and for checking the correctness of the data on the candidate lists and the procedure by the State Election Commission for drawing numbers for voting tickets
(1) The Ministry of the Interior shall continuously purchase and transmit to the Czech Statistical Office, for the establishment of a register of candidates, copies of the documents submitted, including the candidate's declaration, no later than the following day after the deadline for the submission of the lists.
(2) The Czech Statistical Office shall draw up a list of candidates for whom the names, surnames and date of birth are identical, together with other data for checking the documents submitted. These documents shall be forwarded to the Ministry of the Interior no later than the 60th day before the date of election of the President of the Republic.
(3) Based on a communication from the Ministry of Interior, the Czech Statistical Office updates the register of candidates. Similarly, the application shall be made in cases of renunciation or loss of election of the candidate prior to the registration of the candidate documents or in cases of registration or cancellation of the registration of the candidate document by decision of the court.
(4) The Ministry of Interior will submit a list of registered candidate lists and a list of rejected candidate lists to the State Election Commission.
The Ministry of the Interior will take over the data of the register of candidates from the Czech Statistical Office on the 47th day before the President's election. The Ministry of the Interior shall inform the Czech Statistical Office, until 24 hours before the election of the President of the Czech Republic, of the cases of renunciation or loss of the candidate's independence in the period after registration of the candidate documents, by providing him with a copy of these declarations or information. Similarly, it is moving between the first and second round of the election of the President of the Republic.
(1) After the expiry of the deadline for the application to the court for registration of a candidate document and, in the event of a judicial review, after the court's decision on the registration of a candidate document has become final, the State Election Commission draws up the numbers for the designation of candidates' ballots.
(2) The winning pool shall include as many whole numbers in an uninterrupted ascending row starting with the number 1, as many candidates for the respective election of the President of the Republic have been registered.
(3) The National Election Commission will immediately communicate the result of the draw to the Czech Statistical Office, which will record the winning numbers of the candidates in the candidate register. According to this register, candidates for the processing and provision of the results of the election of the President of the Republic will be identified by the number and name and receipt.
Models of electoral documents and forms
(1) For the election of the President of the Republic, provision shall be made for:
(a) in Annex 1 to this Order, a model of the list of candidates with annexes;
(b) in Annex 2 to this decree, a model ballot;
(c) in Annex 3 to this Decree, a model record of the voting room inspection;
(d) in Annex 4 to this decree, a model record of refusal of registration of the course and the result of the vote in the constituency of the Czech Statistical Office;
(e) in Annex 5 to this Order, a model form for the record of the conduct and outcome of the vote in the constituency and in the special constituency;
(f) in Annex 6 to this Decree, the model of the card form of the member of the District Electoral Commission and the Special District Electoral Commission,
(g) in Annex 7 to this Decree, the model of the registration form of the registrar of the District Electoral Commission and the Special District Electoral Commission.
(2) If the District Election Commission or the Special District Election Commission makes use of the software supplied by the Czech Statistical Office, the press releases from this programme shall replace the form referred to in paragraph 1 (e).
(3) For the selection of the President of the Republic, the model of the form of the electoral licence and the procedure for the safekeeping of the form provided for in the Ministry of Interior Decree on the implementation of certain provisions of the Act on Elections to the Parliament of the Czech Republic 1) shall be used.
The amount of the special remuneration for the performance of the duties of a member of the District Electoral Commission and a special District Electoral Commission, the manner in which it is paid and paid and the amount of the flat-rate compensation for the loss of earnings for the duration of the duties of a member of the District Electoral Commission and a special District Electoral Commission
(1) The President of the District Electoral Commission and the Special District Electoral Commission are subject to a special remuneration for the performance of their duties (hereinafter referred to as "remuneration") of CZK 2,200, to CZK 1,800, to the Vice-President and to the minutes of the District Electoral Commission and to the Special District Electoral Commission of CZK 2,100, and to the other members of the District Electoral Commission and to the Special District Electoral Commission of CZK 1,800 if the election of the President of the Republic took place only in one round. For the next round of the election of the President of the Republic, the remuneration according to the first sentence shall be increased by CZK 1 000 to the President, Vice-President and Registers of the District Electoral Commission and the Special District Electoral Commission and by CZK 700 to the other members of the District Electoral Commission and the Special District Electoral Commission. If the vote is repeated, the reward will increase by another 400 CZK.
(2) If the election of the President of the Republic coincides with other elections, the remuneration of a member of the District Electoral Commission and a member of a special District Electoral Commission pursuant to paragraph 1 shall be increased by CZK 400 for each subsequent election. If a second round is held in the elections held in parallel, the remuneration for the next round of elections to the Senate of the Parliament of the Czech Republic is further increased according to another legislation2).
(3) In addition to the remuneration referred to in paragraphs 1 and 2, a flat-rate compensation of lost earnings for the duration of the term of office of a member of the District Electoral Commission and a special District Electoral Commission of CZK 43 per hour is payable for the duration of his duties.
(4) The remuneration referred to in paragraphs 1 and 2 and the flat-rate compensation for the loss of earnings referred to in paragraph 3 shall be paid by the municipal office and the members of the Special Regional Electoral Commission within 30 days of the end of the term of office of the Regional Electoral Commission by the representative office in the currency of the State concerned, on the basis of the course announced by the Czech National Bank on the day of the election of the President of the Republic. In the event that a member of the District Electoral Commission and of the Special District Electoral Commission has not participated in any of the meetings of the Commission, the Municipal Office and the representative office shall reduce the total amount of remuneration fixed in accordance with paragraphs 1 and 2 in proportion, according to evidence of its participation in the deliberations of the District Electoral Commission and the Special District Electoral Commission.
Efficacy
This Decree shall take effect on 1 October 2012.
Minister:
Cube v. r.
Příloha č. 1
Annex No 1 to Decree No 294 / 2012 Coll.
MODEL
Candidate list for the election of the President of the Republic
Annex to the list
Annex to the list
Příloha č. 2
Annex No 2 to Decree No 294 / 2012 Coll.
MODEL
Příloha č. 3
Annex 3 to Decree No 294 / 2012 Coll.
MODEL
Příloha č. 4
Annex No 4 to Decree No 294 / 2012 Coll.
MODEL
Příloha č. 5
Annex No 5 to Decree No 294 / 2012 Coll.
RECORDING ON THE TRANSMISSION AND RESULT OF VOTE VOICE VOICE VOICE VOICE
RECORDING ON THE TRANSMISSION AND RESULT OF VOTING IN THE SPECIAL VOICE QUARK
Příloha č. 6
Annex No 6 to Decree No 294 / 2012 Coll.
MODEL
Příloha č. 7
Annex No 7 to Decree No 294 / 2012 Coll.
MODEL
1) Decree of the Ministry of Interior No. 233 / 2000 Coll., on the implementation of certain provisions of Act No. 247 / 1995 Coll., on Elections 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 found published under No. 243 / 1999 Coll. and Act No. 204 / 2000 Coll., as amended.
2) Paragraph 12 (2) of Decree No 233 / 2000 Coll.
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Regulation Information
| Citation | Decree No. 294 / 2012 Coll., on the implementation of certain provisions of the law on the election of the President of the Republic |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.09.2012 |
|---|---|
| Effective from | 01.10.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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