What is Act of the Czech National Council No. 368 / 1990 Coll.?

Act of the Czech National Council No. 368 / 1990 Coll., on elections to councils in municipalities — Act of the Czech National Council on elections to councils in municipalities.

Is Act of the Czech National Council No. 368 / 1990 Coll. still valid?

Yes, Act of the Czech National Council No. 368 / 1990 Coll. is still valid and effective.

Act of the Czech National Council No. 368 / 1990 Coll. - Act of the Czech National Council on ele...

Q: When it became Act of the Czech National Council No. 368 / 1990 Coll. effectiveness?

Act of the Czech National Council No. 368 / 1990 Coll. became effective 05.09.1990.

368

THE LAW

Czech National Council

of 5 September 1990

on elections to councils in municipalities

The Czech National Council decided on this law:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

Under this law, the

(a) municipal and municipal councils;

(b) Council of the cities of Brno, Ostrava, Plzeň and Ústí nad Labem and the statutory cities, if the law so provides, 1)

c) district councils in the cities of Brno, Ostrava, Plzeň and Ústí nad Labem and in the statutory cities, if the law so provides, 1)

(d) Prague City Council,

e) district councils in Prague,

(f) local councils in the capital of Prague and in the statutory cities, if provided for in the law 1)

§ 2

(1) Elections shall take place on the basis of the general, equal and direct voting rights by secret ballot.

(2) The election period for councils in municipalities is four years.

§ 3

(1) The right to vote for the relevant council in the municipality, in the city district or in the town district and in the town district of the capital of Prague (hereinafter referred to as the "council") is for citizens of the Czech and Slovak Federal Republics who are in the municipality, in the urban district or in the urban area applying for permanent residence 2) and reached the age of 18 on the day of the election.

(2) Citizens who have been deprived of legal capacity or whose legal capacity has been restricted shall not be entitled to vote.

(3) The obstacle to the exercise of voting rights shall be:

(a) statutory restrictions on personal freedom for the protection of the health of the people, 4)

(b) the execution of a custodial sentence, the execution of custody or detention;

(c) the exercise of basic or substitute military services5) and / or the exercise of civil service 6) performed outside the place of permanent residence.

§ 4

(1) Any citizen entitled to vote in the municipality may be elected as a member of the council.

(2) The function of a member of the council of the municipality is incompatible with those of

(a) a judge,

(b) the Prosecutor of the Prosecutor's Office, in whose jurisdiction the representative is responsible,

(c) a member of a security corps assigned to a branch whose jurisdiction relates directly to the territorial district of the council;

(d) the worker of the same representative and of the official of the office of the State Administration whose jurisdiction relates to the territorial district of the council.

§ 5

(1) The number of representatives shall be determined by the Board of the relevant national committee no later than 70 days before the election date. It shall take account in particular of the population, size and size of the territorial area. The number of members of the council shall be determined in such a way as to:

(a) municipal and municipal council

v obcích do 3000 obyvatel	7–15 členů
v obcích nad 3000 do 20 000 obyvatel	15–30 členů
v obcích nad 20 0000 do 50 000 obyvatel	25–40 členů
v obcích nad 50 000 obyvatel	35–50 členů

b) zastupitelstvo měst uvedených v § 1 písm. b)	50–70 členů
c) zastupitelstvo hlavního města Prahy	70–80 členů
d) obvodní zastupitelstvo hlavního města Prahy a obvodní zastupitelstvo měst uvedených v § 1 písm. b)	7–70 členů

(e) local council in the capital of Prague and other cities, if provided for by the law 1)

v částech města do 3000 obyvatel	7–15 členů
v částech města nad 3000 do 20 000 obyvatel	15–30 členů
v částech města nad 20 000 obyvatel	25–50 členů.

(2) The number of members of the representative to be elected shall be notified by the competent national committee in the usual manner within two days of its being determined.

(3) If the decision referred to in paragraph 1 is not taken, the smallest number of members of the council shall be chosen.

(4) The population of the municipality is determined on 1 January of the year in which the elections take place.

ČÁST DRUHÁ

OPENING TERRITORY

§ 6

Election for councils takes place in every municipality in the Czech Republic.

§ 7

Election districts

(1) Election districts are created in the municipalities for voting and counting.

(2) Election districts and the electoral room for each district shall be determined by the local, urban and regional councils in the cities referred to in § 1 (b) of the Circular Council and in the capital of Prague by the Regional or Local National Committee (hereinafter referred to as the "Local National Committee") no later than 40 days before the election date.

(3) The electoral district shall be created in such a way as to cover, as a rule, a maximum of 1000 voters.

§ 8

Election circuits

(1) If more than 30 members of the council are to be elected, the Council of the relevant national committee shall establish electoral districts no later than 70 days before the election date.

(2) In these constituencies, a proportion of the members of the council shall be chosen, corresponding to the population in the constituency, but not less than 10 and not more than 20 members.

(3) The list of electoral districts created, their description and the number of members of the council to be elected in each district shall be notified by the competent national committee in the usual manner, no later than two days after their establishment.

ČÁST TŘETÍ

ELECTRONIC LIST

§ 9

Entry into the electoral list

(1) Citizens who have the right to vote are included in the list of voters in the municipality where they reside. Each voter can only be entered in one voter list.

(2) Citizens who, after drawing up the list of voters, acquire or lose their voting rights will be added to or removed from the list of voters. The same applies to the change of residence.

(3) For citizens who, pursuant to Article 3 (3), are prevented from exercising their right to vote, this will be noted in the electoral list.

Creating the electoral list

§ 10

The electoral lists are drawn up by the local national committee according to the constituencies.

§ 11

No later than 21 days before the election date, the local national committee in the constituencies shall land the usual electoral lists at the site so that citizens can see them. Election lists shall always be available for consultation in the official rooms of the local national committee. The local national committee shall inform citizens of the launch of the electoral lists in the usual manner.

§ 12

Opposition procedure

(1) Any citizen may, orally or in writing, draw the local national committee's attention to errors and inconsistencies in the electoral list and propose corrections; no later than seven days before the election date. The local national committee shall, within three days, make a correction in the list of voters to be consulted by the local national committee or inform the citizen in writing of the reasons why the correction cannot be made.

(2) If the application is rejected, the citizen may submit it to the district court competent under the constituency; the court is required to decide within three days. (7) According to the court's decision, the local national committee and on election day, the district election committee will make a correction on the electoral list. Proceedings before a court shall not be subject to a judicial fee.

ČÁST ČTVRTÁ

OPENING AUTHORITIES

§ 13

General provisions

(1) The Czech Election Commission is the head of the elections for councils in the Czech Republic. In the councils he manages elections to the councils of the Regional Electoral Commission and in the municipalities of the Local Electoral Commission. In the capital city of Prague and in the cities referred to in § 1 (b), the election to the councils of these cities is managed by the local election commission and the election to the district and local councils of those cities.

(2) The constituency committees are set up in the constituencies.

(3) Any citizen delegated to an election party, over 18 years of age, who has not been deprived of legal capacity, or whose legal capacity has not been restricted and whose right to exercise voting rights is not impeded (§ 3 (3)) may be a member of the Election Commission. A candidate for a member of the council may not be a member of the municipal, local or district election committee in the town where he is running.

(4) Members of the Election Commission shall take up their duties by making a promise to the following text: "I promise in my honour that I will faithfully and impartially carry out my duties and, in doing so, follow the laws and other laws." The promise shall be made by a member of the Election Commission by signing the letter of promise.

(5) The Election Commission shall act by a majority of its members. In the event of a tie, the proposal shall be deemed rejected.

(6) At its first meeting, the Election Commission will appoint a chairman and Vice-President by drawing lots from among its number. The President and Vice-President may not be members of the same electoral party (§ 18).

(7) The members of the Czech Electoral Commission are appointed by the Government of the Czech Republic. The Registrar of the Regional and Urban Electoral Commission shall, as a rule, be appointed by the Secretary of the National Committee responsible from among the staff of the National Committee responsible. Receptors of the local and district electoral commission shall be appointed by the Secretary of the relevant national committee, as a general rule, from the staff or officials of that national committee. The minutes of the Election Commission shall be appointed no later than 10 days before the Commission is established. The Registry shall have the right to take part in the deliberations of the Election Commission with an advisory vote and to submit proposals to the Commission. The clerk shall make a promise in the version provided for in paragraph 4 to the person who appointed him.

(8) The Czech Electoral Commission, as well as the Regional, Urban, Local Electoral Commission, can create expert services to compile the results of the elections. In municipalities over 5000 inhabitants, the competent authority of state statistics is obliged to allocate workers. Such staff shall make a promise as provided for in paragraph 4.

(9) The activities of the Election Commission are closed 15 days after the publication of the overall results of the Election Committee by the Czech Election Commission.

§ 14

Czech Election Commission

(1) No later than 60 days before the election date, the Czech Election Commission may delegate to the Czech Election Commission any party that submits candidate lists to municipal councils in at least a quarter of the counties, two members and two alternates.

(2) The first meeting of the Czech Electoral Commission shall be convened by the Prime Minister of the Czech Republic within three days of the deadline referred to in paragraph 1.

(3) In particular, the Czech Electoral Commission:

(a) oversees compliance with election legislation;

(b) decide on complaints about the process of district electoral commissions and municipal electoral commissions in Prague and municipal electoral commissions in the cities referred to in § 1 (b) and on appeals against their decisions;

c) Discovers and publishes the overall results of elections to councils in the Czech Republic,

(d) carry out other tasks under this law.

§ 15

Regional and municipal electoral commissions

(1) Two members and two alternates may be delegated to the Regional and Urban Election Commission (hereinafter referred to as the Regional Election Commission) no later than 60 days before the date of the election, each party submitting a candidate list in at least one quarter of the municipalities of the district. The same applies to the electoral party in the capital of Prague and in the cities referred to in § 1 (b), if the candidate list is submitted in at least a quarter of the city districts and at the same time to the council of the city, in the capital of Prague to the council of the capital of Prague.

(2) The first meeting of the Regional Electoral Commission shall be convened within three days of the expiry of the period referred to in paragraph 1 by the President or, as the case may be, the Mayor of the relevant National Committee.

(3) Regional Electoral Commission

(a) oversees compliance with election legislation;

(b) decide on complaints for the procedure of local election committees;

c) summarises the results of the elections for municipal and municipal councils in the district, the district councils in the capital of Prague and the cities referred to in § 1 (b) and the local councils in the cities referred to in § 1 (f);

(d) forward the electoral documents to the national committee responsible for custody;

e) carry out other tasks under this Act and tasks entrusted to it by the Czech Election Commission.

(4) The City Electoral Commission in the Capital City of Prague examines the results of the elections to the City Council of Prague and the City Electoral Commission in the cities referred to in § 1 (b) of the above-mentioned cities.

§ 16

Local Election Commission

(1) Two members and two alternates may be delegated to the local election committee no later than 60 days before the election date by each party submitting a candidate list for election to the council.

(2) The first meeting of the local election committee shall be convened by the chairman of the relevant national committee within three days of the deadline referred to in paragraph 1.

(3) Local Election Commission

(a) decide on complaints about the process of the district election committees;

(b) discuss and register candidate lists;

(c) establish the results of the vote in the council of the municipality.

(4) The local electoral commission shall perform the tasks of the district electoral commission, if the council is elected in a single constituency.

§ 17

Regional Electoral Commission

(1) Any party whose candidate list has been registered for election to the council may delegate, not later than 40 days before the election date, one member and one alternate as its representative to each district electoral commission of the constituency in which it is elected to the municipal council. Taking into account local needs, the Council of the local national committee may call on the election parties to delegate a larger number of representatives to the District Electoral Commission.

(2) The Regional Electoral Commission must have at least five members. If the election parties do not send their representatives, or a higher number of representatives, the necessary number of members of the District Electoral Commission shall be supplemented by the Board of the Local National Committee.

(3) The first meeting of the District Electoral Commission shall be convened by the chairman of the relevant local national committee within 10 days of the deadline referred to in paragraph 1.

(4) Regional Electoral Commission

(a) ensure the conduct of the vote, in particular overseeing the correct surrender of ballots and ensuring the order of the ballot box;

(b) add the votes and write a record of the course and outcome of the vote, which shall be submitted without delay to the competent local election committee;

(c) forward the other electoral documents to the relevant national committee for safekeeping.

ČÁST PÁTÁ

Oddíl 1

INVESTIGATION OF CANDIDATE LISTS

§ 18

Election party

Election party under this law means registered political parties and political movements 8) and their coalition (hereinafter referred to as "political party") and independent candidates or associations thereof.

§ 19

Candidate documents

(1) Candidate documents for elections to the council of the municipality may be filed by the electoral parties (§ 18). Candidate lists shall be filed no later than 55 days before the date of the elections in duplicate with the members of the local election committee; The selection documents for the Prague City Council and the City Councils referred to in § 1 (b) shall be submitted to the members of the relevant municipal election committees. The electoral party, which is not a political party, shall add to the nominee the original petition with the name, surname, birth number, permanent residence and signatures of eligible voters supporting its candidacy. In municipalities and parts of the city up to 1000 inhabitants 20 signatures are needed, in 3000 inhabitants 30 signatures, in 20 000 inhabitants 100 signatures, in 50 000 inhabitants 200 signatures and over 50 000 inhabitants 400 signatures. The descriptions of candidates are not included.

(2) The schedule contains:

(a) the name of the council;

(b) the designation of the constituency, if any,

(c) the name of the election party;

(d) the name, surname, age, profession and residence of the candidates and their ranking on the list;

(e) the designation of the election party's agent and his alternate, indicating the exact address; neither the agent nor his alternate may be a candidate; an agent with an independent candidate shall not be established;

(f) if there is a coalition of political parties or movement, the designation of the party or movement proposed by the candidate.

(3) The Election Party may indicate on the list a maximum number of candidates as the number of representatives elected to the relevant representative.

(4) Each election party (Paragraph 18) may, if no constituency is created, file one candidate list. If electoral districts are created for the district district of the council (§ 8), the election party may file only one candidate list for each constituency. The list may specify at most as many candidates as are to be elected in the district by the members of the council. A candidate for the council can only be listed on a single ballot list. The petition referred to in paragraph 1 shall be submitted by the election party only one.

(5) The list shall be accompanied by a self-signed statement by the candidate, stating that he agrees with his or her candidacy, that he / she is not aware of the obstacles to his or her selectivity and that he / she has not given his / her consent to be included on another candidate list.

§ 20

Discussing of candidate lists by local election committees

(1) The Local Election Commission shall examine the submitted candidate lists and, if they do not comply with the requirements set out in paragraphs 2 and 5 of Article 19, invite the Election Party to remedy the deficiencies within a specified time limit not later than 45 days before the election; or he won't register her.

(2) The local election commission will cross

(a) a candidate on a candidate list not accompanied by a declaration pursuant to Article 19 (5);

(b) a candidate, if it is on the candidates' lists of several electoral parties or on several candidates' lists of the same electoral party in the constituencies (§ 8), on the candidate list to which the declaration referred to in § 19 (5) is not attached; if the candidate has signed a multi-candidate statement, the local electoral commission shall tick it off on all candidate lists;

(c) those candidates who are candidates in excess of a maximum number (Sections 19 (3) and (4)).

(3) The local electoral commission shall register valid candidate lists, but no later than 45 days before the election date, and shall notify the electoral parties in writing. Registration is a condition for the reproduction of candidate lists.

§ 21

Surrender and revocation of the nomination

(1) The candidate may renounce his candidacy in writing within 48 hours before the election begins.

(2) In the case of candidate documents submitted by political parties, an agent may withdraw the candidate's candidacy by the same date.

(3) The declaration of surrender or withdrawal of the nomination shall be delivered within that period within a period of two equal times to the President of the Local Election Commission, which shall ensure that it is published, in particular, in all voting rooms. The declaration cannot be withdrawn.

(4) If a declaration of surrender or withdrawal has been made after registration, the candidate and the details thereof shall remain on the ballot but shall not be taken into account when determining the results of the vote.

§ 22

Voting lists

(1) The President of the local or, where appropriate, the City Election Commission shall, via the relevant local national committee, provide the printing of ballots.

(2) The heading of each ballot shall bear the name of the municipality (city district or part of town) and the number of members of the council to be elected, followed by the designation of the constituency, if any. The ballots shall bear a stamp of the same colour of the relevant local national committee, which shall be printed on all ballots in the same place. Voting tickets for elections to the Prague City Council and the City Councils referred to in § 1 (b) are marked on the left edge with a vertical coloured stripe.

(3) The candidates of each election party shall be listed in the order indicated by the voting party, framed in separate columns, lined together, or in columns below, on a common ballot. For each candidate, the name, surname, age, profession and part of the municipality in which he resides, the box and the serial number shall be placed before the candidate's name. Where a party to the election is a coalition of political parties or political movements, each candidate shall be given an indication of which party or movement he is running for. Each column is written by the name of the Election Party. Furthermore, a square is placed in the column header if at least two candidates are on the relevant list. The order of columns for individual voting parties on the ballot will be drawn by the local election commission at the end of the registration of candidates.

(4) Voting lists for elections to the relevant representative must be printed on paper of the same colour, quality and size, and the same types and font sizes must be used for the designation of all voting parties and for the indication of all candidates.

(5) The chairmen of the relevant national committees shall ensure the delivery of ballots to all voters within three days before the election date and on the election day to the District Electoral Commission.

§ 23

For the elections to the City Council of Prague and to the City Councils referred to in § 1 (b), the local election committees shall carry out the tasks assigned to them in § 20, § 21 (3) and § 22 (1) of the City Electoral Commission.

Oddíl 2

_

§ 24

Election Day

(1) The elections for councils are held on the same day in each municipality in the Czech Republic.

(2) The Bureau of the Czech National Council announces elections to councils and sets an election date no later than 75 days before the election. The Czech National Council Bureau's resolution is published in the Collection of Laws.

(3) The elections are held on a specified day from 8.00 to 20.00. Where local needs so require, the Board of the Local National Committee may set the beginning of the elections for an earlier hour and an end to an hour later.

§ 25

Informing voters

The local national committee shall declare the usual time and place of election in the municipality no later than 15 days before the election date. If more than one constituency has been established in the territory of the municipality, the local national committee shall indicate which parts of the municipality belong to each constituency. In the Decree, the local national committee will stress the voter's obligation to carry a civil (personal) card and will provide the necessary additional information necessary for the uninterrupted conduct of the elections.

§ 26

Preparations in the Election Room

The President of the District Electoral Commission shall check and seal the ballot box and, where appropriate, the portable ballot box before the election starts. It will also check the voting room's equipment to see if there is a list of voters and a sufficient number of ballots and envelopes and if a list of candidates who are no longer candidates is posted. All envelopes shall be of the same colour, size, shape and quality of paper.

§ 27

Voting ballot boxes

Special spaces shall be designated in the ballot rooms in order to ensure the secrecy of the vote. The number of these spaces shall be determined by the district electoral commission in due time, taking into account the number of voters in the constituency.

Oddíl 3

_

§ 28

(1) For the purposes of this Act, the electoral campaign period shall mean a period beginning on 25 days and ending 48 hours before the election starts.

(2) At the time of the election campaign, each self-running political party has equal access to state public media. All electoral parties have equal access to local public media.

(3) The local national committee will reserve a public area for the posting of pre-election posters. Its use must be consistent with the principle of equality between the electoral parties. All electoral parties have equal access to local public gatherings.

(4) 48 hours before the election starts and on the day of the election, electoral agitation for the electoral parties is prohibited by the word, the letter, the sound and the image of the state and local public media, the buildings in which the District Electoral Commission is located and in their immediate vicinity, the posting of posters and the holding of pre-election assemblies.

ČÁST ŠESTÁ

VOTING

§ 29

Opening of votes

After carrying out the check provided for in Section 26, the President of the District Electoral Commission shall declare the elections open, with the agreement of the Commission. The President and the other members of the Commission shall be the first to vote if they are entitled to vote in this constituency.

§ 30

Voting time

(1) The voter votes in person. Representation is not admissible. The members of the District Election Commission shall not modify voting lists for voters. The voters come before the District Election Commission and vote in the order in which they came to the Election Room.

Citation	Act of the Czech National Council No. 368 / 1990 Coll., on elections to councils in municipalities
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	05.09.1990
Effective from	05.09.1990
Effective until	-
Status	Valid

Act of the Czech National Council No. 368 / 1990 Coll.

Act of the Czech National Council on elections to councils in municipalities

Contents