Act No. 37 / 2002 Coll.
Act amending Act No. 247 / 1995 Coll., on Elections to the Parliament of the Czech Republic and amending and supplementing certain other laws, as amended by Act No. 212 / 1996 Coll., the Constitutional Court found published under No. 243 / 1999 Coll., Act No. 204 / 2000 Coll. and the Constitutional Court found under No. 64 / 2001 Coll., and Act No. 130 / 2000 Coll., on Regional Councils Election and on the amendment of certain laws, as amended by Act No. 273 / 2001 Coll.
Valid
Law
Effective from 29.01.2002
Text versions:
29.01.2002
37
THE LAW
of 17 January 2002
amending Act No. 247 / 1995 Coll., on Elections to the Parliament of the Czech Republic and amending and supplementing certain other laws, as amended by Act No. 212 / 1996 Coll., the Constitutional Court found published under No. 243 / 1999 Coll., Act No. 204 / 2000 Coll. and the Constitutional Court found under No. 64 / 2001 Coll., and Act No. 130 / 2000 Coll., on Elections to the Councils of the Regions and amending certain laws, as amended by Act No. 273 / 2001 Coll.
Parliament has decided on this law of the Czech Republic:
Amendment of the Election Act to Parliament of the Czech Republic
Act No. 247 / 1995 Coll., on elections to Parliament of the Czech Republic and amending and supplementing certain other laws, as amended by Act No. 212 / 1996 Coll., the Constitutional Court found published under No. 243 / 1999 Coll., Act No. 204 / 2000 Coll. and the Constitutional Court found under No. 64 / 2001 Coll., is amended as follows:
1. Paragraph 1 (4) reads as follows:
"(4) The elections to the Parliament of the Czech Republic are held on 2 days, Friday and Saturday. The first day of the election starts at 14.00 and ends at 22.00. The second day of the election starts at 8.00 and ends at 14.00. Under this law, election days are the first day of elections, unless otherwise provided for in this law. '
2. In the first sentence of Paragraph 1 (5), the words "on the day of the elections' are replaced by the words" at least the second day of the elections' and the words "on the day of the holding 'are replaced by the words" at least the second day'.
3. In Article 6 (1), the introductory wording reads: "The special list shall be kept by the municipal authority, the municipal authority, the municipal authority, the municipal council, the local authority or the urban district of the central city and the office of the urban part of the capital of Prague (hereinafter referred to as the" municipal authority ") for a voter who is not registered for permanent residence in its territorial district, 5) or, for the reasons referred to in points (b) to (d), may not vote in the electoral district in which the permanent register is registered and which."
footnote 5 is replaced by the following:
"5) Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents)."
4. In Article 6 (1) (d), the text 'or' is replaced by a dot.
5. in Article 6 (1), point (e) shall be deleted;
6. In Article 6, the following shall be added at the end of the text of paragraph 4: "or, where appropriate, voters included in a separate list (paragraph 5) '.
7. In Article 6 (5), in the introductory phrase, the words "elections to the Chamber of Deputies' are deleted.
8. in Article 6 (5) (a), the words "not having a permanent residence in the territory" shall be replaced by the words "residing outside the territory" and the words "permanent residence" shall be replaced by the words "residence."
9. In the second sentence of Article 6 (6), "permanent residence 'is replaced by" residence'.
10. in Article 6 (7), the words "for elections to the Chamber of Deputies" shall be inserted after the words "to pass."
11. In Paragraph 6a, the last sentence of paragraph 1 is replaced by the following: "or, as the case may be, voters listed in the separate list referred to in Paragraph 6 (5) (a) '.
12. in Article 6a (3), the words "on the day" shall be replaced by "on the days";
13. In Article 6a (3), the following words shall be added at the end of the text in point (b): "or, where appropriate, in any constituency falling within the constituency, where elections are announced, if it is a voter who does not reside in the Czech Republic '.
14. in Article 7 (1) (e) and (f):
"(e) the district office in the seat of the electoral region (§ 26), in the capital of Prague City Council of the City of Prague, in the Central Bohemian Region of Prague-West, in the region of Pilsen City Magistrate of Pilsen, in the region of South Moravian Magistrate of Brno, in the region of Moravian-Silesian Municipality of Ostrava (hereinafter the" District Office of the Region ") for elections to the Chamber of Deputies,
f) the district office in the headquarters of the constituency, in the capital of Prague the municipal office in the headquarters of the constituency and in the cities of Brno, Ostrava and Plzeň the magistrates of these cities (hereinafter the "district office in the constituency") for elections to the Senate, "
15. in Article 7 (1) (h), including footnote 5b,
"(h) entrusted municipal office, 5b) in the capital city of Prague office of the city district, Office of the city district of Prague 1 for the preservation of the results of voting from abroad, in the cities of Brno, Ostrava and Plzeň office of the city district or district (hereinafter referred to as the" entrusted municipal office "),
5b) § 64 of Act No. 128 / 2000 Coll., on Municipality (municipal establishment). Decree No. 349 / 2000 Coll., on determining the seats and administrative districts of the entrusted municipal authorities, as amended by Decree No. 437 / 2000 Coll. '
16. in Article 11 (3) (d), the words "on a day" shall be replaced by the words "on a second day."
17. in Paragraph 14e (6) (f), the words "on a day" are replaced by the words "on a day."
18. In § 14g (1), the first sentence reads: "The Head of the Representative Office shall appoint the President 30 days before the date of the elections to the Chamber of Deputies and at least 2 members of the Special District Election Commission, who are nationals of the Czech Republic, at least 18 years of age and who control the Czech language."
19. in Paragraph 14g (2) (c), the words "The District Office in Prague 1" are replaced by the words "The Office of the City Office in Prague 1."
20. In Article 15, the following paragraph 4 is added:
"(4) In a municipality where a committee on national minorities is set up under a special law, 5g) the notification referred to in paragraphs 1 and 2 shall also be published in the language of the relevant national minority.
5g) § 117 (3) of Act No. 128 / 2000 Coll., as amended by Act No. 273 / 2001 Coll. '
21. in Paragraph 16 (6), the words "on the day" shall be replaced by the words "on the days";
22. in Paragraph 19 (3), including footnotes 7), 7a and 7b) shall read as follows:
"(3) On arriving in the electoral room, the voter will prove his identity and citizenship of the Czech Republic (7) by a valid passport, diplomatic or service passport of the Czech Republic or by a travel document (7a) (hereinafter referred to as" passport ") or by a valid ID. 7b) Following the entry in the extract from the permanent list or special list, the district electoral commission or special constituency commission shall receive an empty official envelope. At the request of the voter, the District Election Commission or the Special District Election Commission shall deliver to it other ballots for missing, crossed out or otherwise marked.
7) § 20 of Act No. 40 / 1993 Coll., on the Acquisition and Loss of Citizenship of the Czech Republic.
7a) § 5 paragraph 1 (a) to (d) of Act No. 329 / 1999 Coll., on travel documents and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended (Act on travel documents).
7b) Act No. 328 / 1999 Coll., on Civil ID. '.
23. in Paragraph 19 (7), the words "on a day" are replaced by the words "on a day."
24. in Paragraph 19a (4):
"(4) Voters who do not live in the Czech Republic will submit an electoral card issued by the representative office pursuant to § 6a (1) to the Regional Election Commission when they come to the Senate. The Voting Card shall be attached by the District Election Commission to the extract from the separate list. ';
25. In Paragraph 21, the current text becomes paragraph 2 and the following paragraph 1 is inserted:
"(1) After the first day of the elections, the District Electoral Commission and the Special Circuit Electoral Commission shall ensure that the electoral box and, where appropriate, the portable ballot boxes are sealed so that it is not possible to insert or collect ballots and to secure other electoral documents. Before starting the vote on the second day of the election, the District Electoral Commission and the Special District Electoral Commission shall check the integrity of the seals and take them down."
26. In Paragraph 25, the words "which on the day of the elections' are replaced by the words" which at least on the second day of the elections' and the words "with him on the day of the elections' are replaced by the words" with him on the days of the elections'.
27. In Paragraph 26, the following sentence is added at the end: "Electoral districts are higher territorial authorities defined by specific legislation. 8a) '.
Footnote 8a) reads as follows:
"8a) Constitutional Act No. 347 / 1997 Coll., on the creation of higher territorial self-governing units and on the amendment of the constitutional law of the Czech National Council No. 1 / 1993 Coll., Constitution of the Czech Republic, as amended by the constitutional law No. 176 / 2001 Coll."
28. In Article 31, the following paragraph 4 is added:
"(4) The political party, political movement or coalition shall attach to the candidate list a confirmation of the composition of the election allowance (hereinafter referred to as the" contribution ") of CZK 15 000. The contribution consists of a political party, political movement or coalition in all the electoral regions in which it makes a candidate list, to a special account which will be set up by the Regional Office at the Czech National Bank's headquarters no later than 72 days before the election date. The contribution thus composed by a political party, political movement or coalition shall constitute the revenue of the State budget. '
29. In the first sentence of Article 33 (8), the words "deposit lodged 'are replaced by the words" contribution lodged' and in the second sentence, the words "deposit 'are replaced by the words" amounts referred to in Article 31 (4)'.
30. In Paragraph 43 (2), the words "at the place of work at the District Office in Prague 1" are deleted.
31. in the third sentence of Article 43 (5), the words "on the day" shall be replaced by the words "on the second day."
32. In the second sentence of Paragraph 43 (7), the words "The District Office in Prague 1 'are replaced by the words" Prague 1 Office'.
33. In Article 50, the following paragraphs 1 to 3 are added:
"(1) The number of valid votes for each of the political parties, political movements and coalitions that have advanced to the Skrutinia shall be divided gradually by 1; 2; 3 and 1 respectively within each electoral district. The number of candidates on the ballot shall be calculated, but those candidates who have given up or have been appealed under Paragraph 36 after registration of the candidate list shall not be counted. The value of the shares shall be calculated and reported to 2 decimal places, rounded up.
(2) All shares calculated in accordance with paragraph 1 shall be ranked in descending order of size and a list of as many shares as the mandates of the Election Region have been allocated under Paragraph 48. In the event of an equality of 2 or more shares in this series, the ranking shall be the decisive number of votes for the political party, political movement or coalition in the electoral region and, if the same is the case, the ranking of the lot. At the same time as the size of the share, the designation of the political party, the political movement or the coalition that has achieved that share shall be indicated.
(3) For each share included in the list referred to in paragraph 2, a mandate shall be assigned to a political party, political movement or coalition. ';
34. in Paragraph 50 (5), the number "10" is replaced by "7."
35. in Paragraph 53 (1), "day" is replaced by "second day."
36. In Paragraph 57, the words "which on the day of the elections' are replaced by the words" which at least on the second day of the elections' and the words "with him on the day of the elections' are replaced by the words" with him on the days of the elections'.
37. in the second sentence of Article 72 (3), the words "on the day" shall be replaced by the words "on the second day."
38. In Article 76 (1), the words "shall be deleted and the words" on the seventh day "shall be replaced by the words" on the sixth day. "
39. in Paragraph 76 (4), the words "on a day" shall be replaced by the words "on a day."
40. Paragraph 79 (5) reads:
"(5) If repeated elections are held, the district office at the constituency shall, within 1 month of the publication of the elections, return bail to the political party, political movement, coalition or independent candidate. '
41. In § 85, the third sentence is added: "The political party, political movement or coalition, which received at least 1.5% of the total number of valid votes, will be paid CZK 100 for each vote cast from the state budget."
42. In Paragraph 92, the following shall be added at the end of the text in paragraph 2: "and the composition and reimbursement of the election allowances'.
43. In Paragraph 95, the words "on the same day 'are replaced by the words" on the same days'.
44. the following Annex 2 is inserted:
"Annex No 2 to Act No. 247 / 1995 Coll.
Maximum number of candidates on candidate lists
| volební kraj č. | název | sídlo | maximální počet kandidátů na kandidátní listině |
| 1 | Hlavní město Praha | Praha | 36 |
| 2 | Středočeský | Praha | 34 |
| 3 | Jihočeský | České Budějovice | 22 |
| 4 | Plzeňský | Plzeň | 20 |
| 5 | Karlovarský | Karlovy Vary | 14 |
| 6 | Ústecký | Ústí nad Labem | 26 |
| 7 | Liberecký | Liberec | 17 |
| 8 | Královéhradecký | Hradec Králové | 20 |
| 9 | Pardubický | Pardubice | 19 |
| 10 | Vysočina | Jihlava | 20 |
| 11 | Jihomoravský | Brno | 34 |
| 12 | Olomoucký | Olomouc | 23 |
| 13 | Zlínský | Zlín | 22 |
| 14 | Moravskoslezský | Ostrava | 36“. |
Amendment to the Regional Council Act
Act No. 130 / 2000 Coll., on Regional Councils and amending certain laws, as amended by Act No. 273 / 2001 Coll., is amended as follows:
1. Paragraph 3 (2) reads as follows:
"(2) The regional council elections are held on 2 days, Friday and Saturday. The vote starts at 14.00 and ends at 22.00 on the first day of the election. The second day of the election begins at 8.00 and ends at 14.00. '
2. In Article 3 (3), "on the same day 'is replaced by" on the same days';
3. In Paragraph 4 (1), the words "on a day 'are replaced by the words" on a second day'.
4. In Paragraph 10 (3), the words "on a day 'are replaced by the words" on a second day'.
5. In Article 17 (5) (f), the words "on day 'are replaced by the words" on days'.
6. In Paragraph 28, the words "ending on the election date 'are replaced by the words" ending with the vote'.
7. In the first sentence of Paragraph 31 (7), the words "on the day 'are replaced by the words" on the days'.
8. In Paragraph 35, the present text becomes paragraph 2 and the following paragraph 1 is inserted:
"(1) After the first day of the election, the President of the Regional Electoral Commission shall ensure that the ballot box or the portable ballot boxes are sealed in such a way that it is not possible to insert or withdraw ballots. The ballot box thus secured together with the other electoral documents shall be deposited in the ballot room. On the second day of the election, the President of the District Electoral Commission shall, in the presence of the other members of the District Electoral Commission, check the integrity of the seals and take them down."
9. In the second sentence of Paragraph 41 (3), the words "on the day 'are replaced by the words" on the second day'.
10. in Paragraph 48 (2) (a), the words "on the date" shall be replaced by the words "on the second day."
11. in Article 50 (a), the word "others" shall be inserted before the word "day."
12. in Paragraph 57 (1), the words "on a day" shall be replaced by the words "on a day."
13. in Paragraph 58 (1), the words "on a day" shall be replaced by "on a day."
14. In Paragraph 64 (1), "on the same day 'is replaced by" on the same days'.
15. The following Section 64a is inserted after § 64:
The date of the elections under this law shall be understood as the first election day, unless otherwise provided for by this law. '
PERFORMANCE TO DECLARATION OF THE COMPLETE VERSION OF THE LAW
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 247 / 1995 Coll., on the elections to Parliament of the Czech Republic and to amend and supplement certain other laws, as is apparent from the laws and findings of the Constitutional Court amending it.
EFFECTIVE
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 37 / 2002 Coll., amending Act No. 247 / 1995 Coll., on Elections to Parliament of the Czech Republic and amending and supplementing certain other laws, as amended by Act No. 212 / 1996 Coll., the Constitutional Court found published under No. 243 / 1999 Coll., Act No. 204 / 2000 Coll. and the Constitutional Court found under No. 64 / 2001 Coll., and Act No. 130 / 2000 Coll., on Elections to the Councils of the Regions and amending certain laws, as amended by Act No. 273 / 2001 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.01.2002 |
|---|---|
| Effective from | 29.01.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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