Act No. 350 / 2020 Coll.
Act on special voting methods in regional and Senate elections in 2020
Valid
Law
Effective from 24.08.2020
Text versions:
24.08.2020
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350
THE LAW
of 20 August 2020
on special voting arrangements for regional and Senate councils in 2020
Parliament has decided on this law of the Czech Republic:
GENERAL PROVISIONS
Subject matter
This law provides for the right of persons restricted to personal freedom for the protection of public health against covid-19 disease to vote in elections to regional councils and to the Senate on 2 and 3 October 2020 and 9 and 10 October 2020 (hereinafter referred to as "elections') and in local or regional referendums held in conjunction with elections and the conditions for the exercise of electoral rights and the right to vote in referendums by means of special voting methods. This law also lays down specific rules for the administration of elections and the detection of election results.
Definition of terms
For the purposes of this Act:
(a) quarantine or isolation of quarantine or isolation ordered under a public health protection law in order to protect public health against covid-19 disease;
(b) residence facilities for social services provided by residential services, educational facilities for the performance of constitutional education or protective education, and health facilities of the bed care provider,
(c) the closure of a residence facility under the Public Health Protection Act for protection against covid-19 disease;
(d) a temporary facility allowing a vote from a motor vehicle by an election station;
(e) a special vote at the electoral post, a vote at the residence facility and a vote at the special portable ballot box;
(f) an authorised voter who:
1. Is a voter under the Law governing elections to regional councils or the Law regulating elections to the Senate (the Election Act); and
2. on the date on which the special voting procedure under this Act can be voted, it shall be registered as a person in quarantine or isolation, or on that date it shall remain in the accommodation facility which is closed,
(g) the voting committee of the electoral authority which provides for specific voting arrangements;
(h) the census committee, the electoral authority which shall ensure the census of votes cast in a special manner;
(i) on the first day of the elections, on the first day of the elections, the first day of the first day of the elections provided for by the relevant electoral law for the first and second round of the elections to the Senate.
Right to vote
The obstacle to the exercise of electoral law provided for by the relevant electoral law for persons with limited personal freedom for the protection of the health of the people does not apply to a legitimate voter who makes use of a special voting method in elections under this law.
Registration of persons in quarantine and isolation
(1) For the purpose of ensuring the vote at the electoral post and voting in a special portable ballot box, the vote shall be transmitted by:
(a) the Ministry of Health of the Regional Office shall, within 16 hours of the date on which the relevant vote can be put to the vote, in electronic form, a list of persons in quarantine or isolation ordered by the Regional Health Centre; in the list, the name and surname, date of birth and address of the place of permanent residence or residence of each person,
(b) the Czech Social Security Administration of the Regional Office shall, within 16 hours of the date on which the relevant vote can be put to the vote, in electronic form, a list of persons registered as persons in quarantine or isolation; in the list, the name and surname, birth number and address of the place of permanent residence or residence of each person.
(2) The persons listed in the lists referred to in paragraph 1 shall, for the purposes of this Act, be deemed to be persons registered in quarantine or isolation on the date on which the vote can be taken by means of a separate vote. The Regional Authority shall provide these lists to voting committees.
(3) For the purposes of this Act, a person who is registered in quarantine or in isolation on a date on which a special voting procedure may be put to the vote shall also be deemed to be a person who proves that he is in quarantine or isolation by a certificate issued by a health service provider or by a decision of the Regional Health Station.
Voting Commission
(1) The Commission for Voting establishes a Regional Office in such a way that at least 1 Commission is assigned to each district in the territory of the Region. In the territory of the capital city of Prague, the Municipality of the capital of Prague establishes a voting commission in at least the corresponding number of electoral posts established under § 9. More commissions can be set up in agreement with the Czech Army.
(2) The Voting Commission has 4 members, 1 of which is the recorder appointed by the Director of the Regional Office and 3 are members of the committee immediately ensuring the meeting with the eligible voters designated by the Army of the Czech Republic as active soldiers. The minutes of the voting committee shall carry out the tasks entrusted to the President of the District Electoral Commission by the electoral laws.
(3) The Regional Office, in cooperation with the Czech Army, provides training for the minutes of the voting committee. The Regional Authority shall also provide information, electoral documentation, ballot boxes and transport in the performance of its activities to the Committee on Computer Voting; for transport purposes, the Regional Authority may entrust the means of transport to the recorder. The Ministry of the Interior shall provide protective and hygienic devices for the members of the voting committee. Other conditions for the work of the Voting Commission are provided by the Czech Army.
Aggregate Commission
(1) The summation committee shall be set up by the Regional Office of the Region.
(2) The summation committee has three members appointed by the Director of the Regional Office. At the same time, the Director of the Regional Office shall determine which of the members of the Commission shall be the recorder. The minutes of the census committee perform the tasks assigned to the chairman of the district election committee by the electoral laws. The Director of the Regional Office may appoint no more than four members to the census committee if the complexity of the census is required.
(3) The census committee shall be responsible for the census of votes cast to the voting committees established in the region.
(4) The training of members of the census committee in cooperation with the Czech Statistical Office and the conditions for the activities of the census committee, including protective and sanitary equipment, is provided by the Regional Office.
General conditions for allowing a special voting procedure
(1) The voting officer of the voting committee shall be responsible for the order of vote. His instructions on maintaining order and proper voting are binding on all persons present.
(2) The authorised voter shall demonstrate to the voting committee the identity, age and address of the place of permanent residence by submitting a identity card.
(3) The voting committee will also verify that the authorised voter is registered in quarantine or isolation. If the authorised voter proves this by means of a document referred to in Article 4 (3), the commission shall indicate this in the list of eligible voters who have voted and leave the document to the voter.
(4) An authorised voter to whom an electorate has been issued is obliged to submit it before the vote to the voting committee. The committee's electoral pass shall be attached to the list of eligible voters who voted.
(5) The voting committee will allow the eligible electorate to vote after verifying the facts referred to in paragraphs 2 and 3.
(6) Authorised voter votes in person, no representation allowed.
(7) When using a special voting method, the voter shall comply with the anti-epidemic measures laid down by the voting committee.
(8) The voting Commission will not allow a person who has not fulfilled the conditions laid down by the law for the special voting method to vote.
VOTING AT THE VOLUNTARY OPINION
Conditions of vote at the electoral post
An authorised voter who has the address of the permanent residence in the district for which the election post was established may vote at the electoral post. In the territory of the capital city of Prague, a voter may vote at the electoral post, who has the address of the permanent residence in the territory of the constituency for which the electoral post was established.
Establishment of an electoral post
(1) The Regional Office, after consulting the Army of the Czech Republic and the Police of the Czech Republic, will establish an election post for the territory of each district in Region 1. In the territory of the capital city of Prague, the Municipality of the capital of Prague shall establish two electoral posts to allow voting in all electoral districts in which elections to the Senate have been announced in the territory of the capital of Prague; In so doing, they shall determine for which constituencies the electoral posts are set up.
(2) Election stations shall be set up in a place with traffic availability allowing the continuous arrival and departure of motor vehicles.
(3) Information on the location of the electoral post will be published by the Regional Authority on its website by the 15th day before the first day of the election and, in the case of the second round of the Senate elections, 4 days before the first day of the election. At the same time, the Regional Office will provide information according to the sentence of the First Ministry of the Interior.
(4) The army of the Czech Republic will provide the electoral post.
(5) For the second round of Senate elections, the Regional Authority will set up an election post only for the district where the second round will take place.
Voting procedure at the electoral post
(1) A vote at the electoral post may be held during the second day before the first day of the election between 7 and 15 hours, exclusively from the motor vehicle to which the authorised voter arrived at the electoral post. Before closing the electoral post, the voting committee will allow the vote to be taken by the legitimate voters who are waiting for the vote before the election post at 15 o'clock.
(2) On arrival at and departure from the electoral post, the authorised voter shall follow the instructions of the voting committee and the soldiers in active service supervising the operation at the electoral post.
(3) The voting committee shall issue an official envelope to the eligible voter after demonstrating the conditions laid down in paragraphs 7 and 8 for the elections in which it is entitled to vote, marked by the official stamp of the Regional Office and, in the case of the Senate elections, by the constituency number. If a legitimate voter so requests, the voting committee shall also provide him with ballots.
Receipt of authorised voters
(1) The voting committee draws up a list of eligible voters who have voted at the electoral post. It shall indicate the name and surname, date of birth and address of the authorised voter's permanent residence in the committee list. It shall also indicate the type of election for which it has issued an official envelope to the eligible voter.
(2) The voting committee shall also record in a separate list, to the extent referred to in the second sentence of paragraph 1, the person who did not allow the vote. It shall also indicate the type of election in which the vote was not allowed and the reason for which the vote was not allowed.
VOTING IN CONSIDERATION
Conditions for voting on a residence facility
Authorised voter to whom the residence services of the accommodation facility that has been closed may vote in the residence facility
(a) in the elections to the regional council, if they have the address of the permanent residence in the region in which the residence facility is located;
(b) in the elections to the Senate, if they have the address of the permanent residence in the territory of the constituency of the residence facility.
Establishment of a list of eligible voters in a residence facility
(1) The Regional Sanitation Station shall inform the Regional Office at the latest the second day before the first day of the election on residence facilities in the region to be closed at the time of the election. In addition, the Regional Health Station shall inform the Regional Office of the closure of the accommodation facility which took place after the date indicated in the first sentence. The Regional Authority shall not take account of the notifications submitted to the Regional Office after twelve o'clock on the first day of the elections.
(2) The Regional Office will request from the accommodation facility which has been closed a list of persons to whom the accommodation facility provides accommodation services. The residence facility shall immediately provide the Regional Office with a list in electronic form. The list shall include the name and surname of each person, the date of birth and the address of the place of permanent residence. The Regional Office shall delete from the list persons who do not fulfil the conditions laid down in Paragraph 12 from the list the other authorised electorate for the election to the Senate, if any, and transmit the list thus modified to the voting committee.
Method of voting for the accommodation facility
(1) The voting committee shall arrange for the vote of the accommodation facility to take place within the reserved time period from 7 to 22 hours of the day preceding the first day of the election and from 7 to 18 hours of the first day of the election. The time reserved for voting on a residence facility shall be determined by the commission after consultation with the residence facility. The regional authority may extend the voting time for the accommodation facility. The Ministry of the Interior and the Czech Statistical Office inform about this.
(2) The voting committee shall determine the voting place for the accommodation facility and shall lay down anti-epidemic measures after consulting the accommodation facility.
(3) The voting committee shall issue an official envelope, marked by an official stamp of the Regional Office and, in the case of elections to the Senate, by a constituency number, to the eligible voter after demonstrating the conditions laid down in paragraphs 7 and 12 for the elections in which it is entitled to vote. If a legitimate voter so requests, the voting committee shall also provide him with ballots.
Receipt of authorised voters
(1) The voting committee shall indicate in the list referred to in Article 13 (2) the type of election for which it has issued an official envelope to the eligible electorate.
(2) The voting committee shall also record, in a separate list, data in accordance with the third sentence of Article 13 (2) on the person who did not allow the vote. It shall also indicate the type of election in which the vote was not allowed and the reason for which the vote was not allowed.
VOTING INTO THE SPECIAL TRANSMISSION VOTE SCHEME
Conditions for voting in a special portable ballot box
Voting in a special portable ballot box shall be provided by a voting committee for eligible voters residing in the territory of the county for which the voting committee was set up, who for serious reasons could not use the vote at the electoral post. Authorised voter may vote in a special portable ballot box
(a) in elections to the regional council, if the address of the permanent residence in the region for which the voting committee was set up,
(b) in the elections to the Senate, if the address of the place of permanent residence in the territory of the constituency intervening in the territory of the county for which the voting committee has been set up and in the territory of that constituency also resides.
Establishment of a list of eligible voters for voting in a special portable ballot box
(1) An authorised voter intending to use the vote in a special portable ballot box shall request the regional authority responsible for ensuring that the vote is taken according to the place where the authorised voter resides. A telephone number published by the Regional Office on its website may be requested by telephone within 20 hours of the day before the first day of the election. The authorised voter shall inform the Regional Office of his name and surname, date of birth, address of permanent residence, address of his residence in the territory of the respective county and telephone number.
(2) The information on the telephone number referred to in the second sentence of paragraph 1 shall be published by the Regional Authority on its website by the 10th day before the first day of the election.
(3) If the conditions laid down in paragraph 1 are not met, the Regional Office shall not take into account the request.
(4) The Regional Office shall transmit to the voting committee a list of eligible voters who have applied for a vote in a special portable ballot box in accordance with paragraph 1. The list shall include the information on the authorised voter referred to in the third sentence of paragraph 1 and, where appropriate, the indication of the constituency for the election to the Senate to which the authorised voter belongs.
Voting methods for a special portable ballot box
(1) Voting in a special portable ballot box takes place from 7 to 22 hours on the first day of the election and from 7 to 14 hours on the second day of the election. The Regional Authority may extend the voting time to the special portable ballot box by a maximum of 3 hours on the second day of the election. It will publish this fact on its website and inform the Ministry of the Interior and the Czech Statistical Office.
(2) The voting committee shall wait a maximum of 10 minutes after arriving at the place where the authorised voter resides and inviting the authorised voter to vote. If a legitimate voter does not come to the vote at this time, the legitimate voter refused to vote in a special portable voter.
(3) The voting committee shall issue an official envelope, marked by an official stamp of the Regional Office and, in the case of elections to the Senate, by a constituency number, to the eligible voter after demonstrating the conditions laid down in paragraphs 7 and 16 for the elections in which it is entitled to vote. If a legitimate voter so requests, the voting committee shall also provide him with ballots.
Receipt of authorised voters
(1) The voting committee shall indicate in the list referred to in Article 17 (4) the type of election for which it has issued an official envelope to the authorised voter or the fact that the authorised voter has refused the vote.
(2) The voting committee shall also record in a separate list the name, surname, date of birth and address of the person who did not allow the vote. It shall also indicate the type of election in which the vote was not allowed and the reason for which the vote was not allowed.
TRANSMISSION OF DATA FROM REGULATIONS OF AUTHORISED VOICE
Transmission of records to the Regional Office
After the end of the vote, the voting committee shall transmit the lists provided for in Sections 11, 15 and 19 to the Regional Office without delay.
Transmission of registers to municipal authorities
(1) The Regional Authority shall forward the data from the list of authorised voters who have voted at the electoral post to the municipal authorities responsible for the permanent residence of the authorised voter no later than 12 hours before the first day of the election.
(2) At the latest at 22 hours on the first day of the election, the Regional Authority shall transmit the data from the lists of eligible voters who voted in the residence facility to the municipal authorities responsible for the permanent residence of the authorised voter.
(3) At the latest at 10: 00 on the first day of the election, the Regional Authority shall transmit the data from the lists of authorised voters who have applied for a vote in a special portable ballot box to the municipal authorities responsible for the permanent residence of the authorised voter.
(4) The municipal authority shall immediately transfer the voting data transmitted by the Regional Office pursuant to paragraph 1 to the extracts from the permanent list of voters. The data transmitted by the Regional Office pursuant to paragraphs 2 and 3 shall be provided by the Municipal Office without delay to the relevant Regional Electoral Commission, which shall transfer them to the extract from the permanent list of voters. Data transmission shall be carried out by adding a note.
(5) If a voter arrives in the voting room, who, according to the data transferred to the register from the permanent list of voters, has already received an official envelope, the District Electoral Commission will not allow him to vote in that type of election. The District Electoral Commission will also not allow voters to vote, who, according to the data transferred to the list of permanent voters, requested a vote in a special portable ballot box.
DETERMINATION OF RESULTS OF VOTES
Transmission of electoral documents and electoral boxes
(1) After the vote has been closed, the voting committee will send a sealed ballot box and a register of authorised voters to the Regional Authority for safekeeping. A record of the transfer shall be drawn up by the voting committee and the Regional Office. The deposit of a sealed ballot box and electoral documentation with the Regional Authority shall also be ensured by the voting board at the time of the end of the vote on the relevant day until the beginning of the vote on the following day.
(2) The Regional Authority shall forward the electoral boxes and the register of authorised voters to the summation committee not earlier than after the vote under the electoral law has been closed.
(3) The census committee will open the ballot boxes after receiving all the ballot boxes for a special voting method in the county. The census committee will mix the content of the ballot boxes and then sort it by type of election and constituency.
Detection of the results of the vote by the adding committee and transmission of the results of the vote to the Czech Statistical Office
(1) The summation committee shall examine the votes and determine the results of the vote of the authorised voters in accordance with a procedure to which the provisions of the relevant electoral law governing the assessment of votes and the determination of voting results shall apply mutatis mutandis.
(2) The census committee shall draw up the minutes mutatis mutandis in accordance with the rules for drawing up the minutes on the course and the outcome of the voting in accordance with the relevant electoral law, using the software supplied by the Czech Statistical Office. The minutes shall not contain details of the voting process of the census committee. The voting participation data shall be provided by the summation committee in a manner specified by the Czech Statistical Office, taking into account the nature of the special voting method.
(3) The census committee will transmit the minutes to the Czech Statistical Office at the reception point established by the Czech Statistical Office.
(4) The Czech Statistical Office will count the results of the votes transmitted by the census committee to the election result in a similar manner to those laid down in the relevant electoral law for the calculation of the voting results by the District Electoral Commission.
(5) The electoral documentation is deposited with the Regional Authority.
FINANCING OF SPECIFIC VOTING ELEMENTS
Entitlements of the members of the voting committees, the members of the counting committees and the members of the district election committees
(1) The activity of the minutes of the voting committee and of a member of the summation committee is another act of general interest.
(2) The stenographer of the voting committee and a member of the census committee who is in employment or service relationship are entitled to leave to the extent necessary for the performance of his duties and to compensation for salary, salary, service income or remuneration equivalent to the average of the earnings of the employer. In the event of a loss of earnings, the clerk of the voting committee and a member of the census committee, who is not in employment or employment, shall be entitled to a flat-rate refund of CZK 340 per day for the duration of his duties.
(3) The stenographer of the voting committee is entitled to a remuneration of CZK 5,000 for each day he was in office and was involved in securing the vote in a special way. A member of the census committee is entitled to a remuneration of CZK 10,000, which is increased by CZK 5,000 if he also participates in the census of votes in the second round of the Senate elections.
(4) The remuneration referred to in paragraph 3 shall be paid by the Regional Office.
(5) For elections, a special reward for the performance of a member of the District Electoral Commission is increased according to the respective electoral laws by CZK 500.
Payment of costs
(1) The Regional Office shall, by means of the funds provided under the electoral laws of the State Budget for the activities of the electoral authorities:
(a) the costs of subscribers' entitlements of voting committees and members of the census committees pursuant to Article 24;
(b) the cost of ensuring the conditions of operation of voting committees pursuant to the first and second sentences of Paragraph 5 (3);
(c) the cost of ensuring conditions for the activities of the summation boards.
(2) The cost of active military activities and the cost of measures pursuant to the fourth sentence of Article 5 (3) and Article 9 (4) are borne by the budget chapter of the Ministry of Defence.
SPECIFIC PROVISIONS ON THE COLLECTION OF VOTES AND REFERENCES
(1) An obstacle to the exercise of the right to vote in a referendum held in parallel with the elections provided for by the relevant laws governing the holding of a referendum for persons with limited personal freedom for the protection of the health of the people in the context of covid-19 disease does not apply to persons authorised to vote in a referendum (hereinafter referred to as the "authorised person") who will use a special voting method under this law when voting in a referendum.
(2) The authorised person may use special voting methods under this law for voting in a local referendum
(a) at the electoral post established for the territory of the district in whose territory the municipality in which the authorised electorate has the address of the place of permanent residence and whose territory a referendum is declared,
(b) in a residence facility situated in the territory of the municipality in which the authorised electorate has the address of the place of permanent residence and for whose territory a referendum is declared,
(c) to a special portable box, where the authorised voter is located in the territory of the municipality in which he has the address of his permanent residence and for whose territory a referendum is declared.
(3) The Municipal Office of the municipality holding a local referendum shall forward to the Regional Office, no later than 4 days before the election date, a sufficient number of official envelopes and voting tickets in a referendum to be transmitted to the relevant voting committees.
(4) The Regional Office shall provide an appropriate special ballot box to the voting committee, bearing the words "Reference" followed by the name of the municipality for whose territory the local referendum is announced. When voting in a local referendum, the voting committee and a legitimate voter shall proceed accordingly under this law.
(5) The voting committee makes use of one special ballot box for all special voting methods under this law in the same local referendum. At a time when there is no voting under this law, the voting committee shall keep a sealed special ballot box and related documentation at the Regional Office. On the end of the vote, the voting committee shall transmit the special ballot box to the Regional Office, together with the records of the authorised persons to whom the voting committee has issued an official ballot box in the local referendum. The Regional Authority shall, in cooperation with the municipal authority of the municipality holding a local referendum, arrange for the transfer of a special ballot box and the records of the authorised persons to the district electoral commission to be designated by the mayor of the municipality. The Regional Electoral Commission shall examine the content of the special ballot box and include the results in the overall voting results in the local referendum for the voting district. At the same time, the District Election Commission will reflect the content of the authorised voters' records in the list of authorised persons.
(6) The regional referendum shall be held in accordance with paragraphs 2 to 5 mutatis mutandis with the addition of the votes for the regional referendum by the summation committee and the record of the outcome of the vote being transmitted without delay to the Regional Commission established under the relevant referendum law.
COMMON PROVISIONS
Common provisions
(1) Unless otherwise provided for in this Act, the provisions of this Act concerning the regional authorities also apply to the City of Prague.
(2) In carrying out the tasks provided for by this Act, the Czech Statistical Office, the Regional Authorities and the Municipal Authorities have the status of electoral authorities.
(3) The activities of the electoral authorities under this Act are the performance of the state administration.
(4) The Regional Authority is entitled to use reference data from the population base register for the purpose of carrying out tasks under this Act.
(5) The data used under paragraph 4 shall be:
(a) the natural person's agent identifier;
(b) name and surname;
(c) date of birth;
(d) the address of the place of permanent residence; and
(e) citizenship and, where appropriate, multiple citizenship.
(6) From the data referred to in paragraph 5, only such data as are necessary to fulfil the task may be used in a particular case. Data which are kept as references in the population base register shall be used from the population registration information system only if they are in the form preceding the current situation.
(7) The persons providing the activities of the electoral authorities shall be obliged to remain silent about the facts which they have learned about the legitimate voters in connection with the performance of the tasks of the electoral authority under this law.
(8) The health service provider shall, upon request, issue a certificate free of charge to a person limited to personal freedom in order to protect public health against covid-19 disease, in accordance with Article 4 (3).
(9) The Ministry of the Interior shall determine and publish on its website the form and manner of keeping the records of authorised voters under this Act.
(10) The Czech Statistical Office shall determine and communicate to the Regional Authorities:
(a) the manner in which the data on voting participation in the record of the course and the results of the votes drawn up by the census committee pursuant to Article 23 (2) are to be presented;
(b) take-over points for the transmission of the minutes of the course and the results of the votes by the census committees pursuant to Article 23 (3).
(11) This law shall also apply mutatis mutandis where, following elections, repeated votes, repeated elections, additional votes or additional elections are held.
(12) If the lowest assigned number of members of the District Electoral Commission is not reached in the setting-up of the District Electoral Commission under the relevant electoral law or if the number of members of the Commission falls below the lowest fixed number on the election days, the lowest number of members of the District Electoral Commission shall be reduced to 5 and in the constituencies up to 300 voters to 4.
(13) For the publication of voting days by special means of voting under this law, the time limit laid down in § 3 (1) of Act No. 130 / 2000 Coll., on elections to regional councils and amending certain laws, and in § 1 (3) of Act No. 247 / 1995 Coll., on elections to Parliament of the Czech Republic and amending and supplementing certain other laws, as amended. The President of the Republic shall declare voting days in a special manner prior to the first day of the elections under this law no later than 10 days after the date of entry into force of this law.
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Regulation Information
| Citation | Act No. 350 / 2020 Coll., on special voting arrangements for regional and Senate councils in 2020 |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.08.2020 |
|---|---|
| Effective from | 24.08.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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