Decree No. 409 / 2003 Coll.
Decree implementing Act No. 62 / 2003 Coll., on elections to the European Parliament and amending certain laws
Valid
Order
Effective from 01.12.2003
409
DECLARATION
of 5 November 2003
implementing Act No. 62 / 2003 Coll., on elections to the European Parliament and amending certain laws
The Ministry of the Interior ("the Ministry ') provides, pursuant to § 70 (a) of Act No. 62 / 2003 Coll., on elections to the European Parliament and amending certain laws (" the Act'), in agreement with the Czech Statistical Office pursuant to § 70 (b) of the Act, in agreement with the Ministry of Finance pursuant to § 70 (c) of the Act and in agreement with the Ministry of Labour and Social Affairs, as well as with the Ministry of Finance pursuant to § 70 (d) of the Act:
Procedure of municipal authorities in drawing up and maintaining electoral lists for elections to the European Parliament
(1) The list of voters for elections to the European Parliament1) shall be conducted separately for each election to the European Parliament in a book, a filing system, or by computer, broken down by permanent constitutionaland separate constitutions2) and within these districts on the grounds that the voter was included in the list.
(2) The list of voters for elections to the European Parliament shall record for each voter the name and, where appropriate, the name, surname, date of birth, citizenship and place of permanent residence or place of residence in the Czech Republic and the number of the constituency in which he will vote. In the case of a voter entered on the European Parliament election list on the basis of his request under Article 29 (1) of the Act, his surname and the State and place of birth shall also be indicated. It shall be noted in which Member State of the European Union which has been or has been transferred from, or reported to, the permanent list of voters to, the European Parliament for election, or 4) from, the population register to a Member State of the European Union, or to it by its own application under Paragraph 29 of the Act. 5)
(1) Minutes of any changes to the electoral list for elections to the European Parliament shall be made by the Municipal Office, the Municipal Office, the Municipality of a Statutory City which is not subdivided, the City Office or the City District Office (hereinafter referred to as the "Municipal Office"), on the basis of the notification of the complainant for such a change.
(2) The municipal authority shall close the list of voters for elections to the European Parliament two days before the date of the elections to the European Parliament by underlining the list, indicating the date of closure, the number of voters removed and signing the data.
(3) Following the closure of the electoral list for elections to the European Parliament, the municipal authority no longer makes changes. If, following the closure of the electoral list to the European Parliament, the municipal authority becomes aware of the facts justifying changes to the minutes, it shall forward this information to the District Electoral Commission.
Procedure of the Ministry for the transmission of supporting documents from candidate documents to the Czech Statistical Office
(1) The Ministry continuously procures and transmits to the Czech Statistical Office copies of the submitted candidate lists and statements of candidates to the Czech Statistical Office no later than the following day after the deadline for submitting the candidate lists.
(2) The Ministry shall, no later than the 60th day before the date of the elections to the European Parliament, take over from the Czech Statistical Office a list of candidates whose names, surnames and dates of birth are identical, together with other information needed to check the documents submitted.
(3) The Ministry will evaluate this register of candidates without delay and forward it to the Czech Statistical Office for update. Similarly, a candidate who is a national citizen of another Member State has been deprived of the right to be elected in the Member State of origin, in the registration of candidate documents or in cases of refusal of registration of a candidate document on the basis of a decision of the court shall be treated in cases of surrender or withdrawal of a candidate or of receipt of information. 6)
(4) The Ministry will immediately forward to the Czech Statistical Office copies of amended or supplemented candidate lists for the current evaluation, upon expiry of the deadline for completing and changing the order of candidates on the candidate lists.
(5) At the latest on the first day following the expiry of the period for the marketing authorisation of candidate lists (7), the Ministry will transmit the list of registered candidate lists and the list of rejected candidate lists to the State Election Commission.
The Ministry takes over a copy of the data of the candidate register within the scope of the candidate list from the Czech Statistical Office on the 47th day before the date of the elections to the European Parliament. The Ministry shall keep the Czech Statistical Office informed, until 48 hours before the start of the elections to the European Parliament, of any surrender or withdrawal of the candidacy or of the receipt of information that a candidate who is a national citizen of another Member State has been deprived of the right to be elected in the Member State of origin, within a period from the expiry of the deadline for the registration of the candidate. The Ministry shall transmit this information by submitting to the Czech Statistical Office a copy of the declaration of surrender or withdrawal or a copy of the information from another Member State that the candidate has been deprived of the right to be elected. The Ministry will also inform the Czech Statistical Office of cases of suspension of political party or political movement.
Procedure by the State Election Commission to draw numbers for voting tickets
(1) At the latest 45 days before the date of the elections to the European Parliament, the State Election Commission shall draw numbers for the designation of ballots of political parties, political movements and coalition of political parties and political movements (Coalition).
(2) As many numbers are inserted into the lottery pool in the uninterrupted ascending series starting with number 1, as many different political parties, political movements and coalitions have submitted to the Ministry of Candidate Documents.
(3) After winning the numbers for the voting lists of the State Election Commission, the Czech Statistical Office for drawing up the code list for candidate political parties, political movements and coalitions for elections to the European Parliament will transmit these data to the Czech Statistical Office for drawing up the code list for candidate political parties, political movements and coalitions for elections to the European Parliament, according to which they will be marked with the number and / or number and abbreviation of the title when processing and providing the results of the elections to the European Parliament.
(4) If either political party, political movement or coalition has not been registered by decision of the court, 6) the number drawn by that political party, political movement or coalition remains vacant.
Procedure of the Ministry, Regional Offices and Municipal Offices in custody and archiving of ballots and other electoral documents
(1) Before the elections to the European Parliament are held, the Municipal Office will ensure that the votes, envelopes and forms are protected in such a way as to prevent their abuse.
(2) The Municipal Office will take over all electoral documents, except for one copy of the record of the conduct and the outcome of the vote in the constituency from the District Electoral Commission. The municipal office shall keep three sets of unused ballots for archiving. Official envelopes, used ballots, auxiliary ballots for the addition of priority votes and used auxiliary census sheets, the municipal office will destroy the protocol
(a) after 30 days from the date of the futile expiry of the period for the submission of an application for annulment of the candidate's choice (hereinafter referred to as "the application 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) Documentation on the financial costs of elections to the European Parliament shall be stored separately from the other documents.
(4) The following shredding features and deadlines shall be laid down for electoral documents concerning the holding of elections to the European Parliament:
(a) a shredder mark A for candidate lists, statements of candidates, including supporting documents on the candidate list, documents on the surrender or withdrawal of the candidate, information from another Member State that the candidate has been or has not been deprived of the right to be elected, the decision of the Ministry of Registration or the refusal of the candidate list, the decision of the court concerning the registration of the candidate list, the ballots, the record of the outcome of the vote, the shredding period shall be fixed for a period of 10 years;
(b) shredder mark In the other electoral documents, the shredding period shall be set at 5 years.
Model of the candidate list, ballot, voter card, voter list, election certificate, model forms for detecting and processing voting results in elections to the European Parliament and models of other electoral documents
(1) For elections to the European Parliament, Annex 1 sets out the following documents:
1. List of voters for elections to the European Parliament
2. Notification of the time and place of the elections to the European Parliament
3. Promise of the Rector and Members of the District Election Commission
4. Candidate list for elections to the European Parliament with annexes
5. Voting card for European Parliament elections
6. Record of inspection
7. Minutes of the outcome of the European Parliament elections
8. Certificate of election of a Member of the European Parliament
9. Record of refusal of registration and result of voting in the constituency of the Czech Statistical Office.
(2) For elections to the European Parliament, the following model forms shall be set out in Annex 2:
1. A card of a member of the District Electoral Commission (1a); and
registration of the District Election Commission (1b)
2. Minutes of the course and outcome of the vote in the constituency.
(3) If the District Electoral Commission uses the software supplied by the Czech Statistical Office, the press releases from this programme shall replace the form referred to in paragraph 2 (2).
(4) For elections to the European Parliament, the model of the form of the Voting Card and the procedure for the preservation of the form provided for in the Ministry of Interior Decree on the implementation of certain provisions of the Election Act to the Parliament of the Czech Republic 16) shall be used.
Closer conditions for the composition of the election allowance
(1) The Ministry establishes a separate account under the Act (9), which is a current account with the Czech National Bank (hereinafter the "Special Account"), in which a political party, political movement or coalition makes a contribution to the election costs in connection with the European Parliament elections. At the same time as the application is lodged, the Ministry shall be notified in writing of the address or account number and the bank identification code (hereinafter referred to as the "banking link ') to which the election allowance may be returned.
(2) The composition of the election allowance shall be identified by a variable symbol identical to the identification number10) of the political party or political movement and, in the case of a coalition, by a variable symbol identical to the identification number of the political party or political movement which the members of the coalition agree to identify.
(3) A constant symbol 558 shall be used for the cashless composition of the election allowance. A constant symbol 379 shall be used for the cash allowance.
Closer conditions for the reimbursement of the electoral costs allowance
(1) The Ministry shall return the compound election allowance to the address or banking link which has been communicated in writing pursuant to Paragraph 8 (1) within the period laid down by the law. 11)
(2) The contributions to the election costs which are not refunded in connection with the European Parliament elections and the interest on the compound contributions to the election costs, minus the amounts charged by the Czech National Bank to a special account, will be transferred by the Ministry to the state budget revenue account No 772-14422001 / 0710, held with the Czech National Bank, entitled "Election and deposit grants," indicating the year of the elections to the European Parliament in a variable symbol. At the same time as the transfer of funds, avisa will be sent to the Ministry of Finance.
(3) The Ministry accounts for the deposited funds in an account 245 - Other current accounts and an analytical account set up for the current account of the special funds, with a similar entry in an account 379 - Other liabilities. An account shall be opened to account 379 with analytical accounts to contribute to the election costs according to the identification number of each political party or political movement and, in the case of a coalition of that political party or political movement, which the members of the coalition agree to identify.
(4) In the case of refunds, the Ministry will carry out the accounts of these funds and the amounts which are the revenue of the State budget. Within one month of the announcement of the results of the elections to the European Parliament12), the Ministry of Finance shall transfer to the state budget revenue account referred to in paragraph 2 the amounts which are the revenue of the state budget and cancel the special account with the Czech National Bank.
The amount of the special remuneration for the performance of the duties of a member of the District Electoral Commission, the method of payment 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
(1) The President of the District Electoral Commission is responsible for the performance of his or her duties in the European Parliament elections (13) (hereinafter referred to as the "remuneration") of CZK 2,200, CZK 1,800 for the remuneration of CZK 2,100 and CZK 1,800 for the other members of the District Electoral Commission.
(2) If elections to the European Parliament are held in conjunction with other elections, the remuneration of a member of the District Election Commission pursuant to paragraph 1 shall be increased by CZK 400 for each subsequent election. If the second round is held, the remuneration for the next round of elections to the Senate of the Parliament of the Czech Republic or the election of the President of the Republic under another legislature17 will be increased.
(3) In addition to the remuneration referred to in paragraphs 1 and 2, a member of the District Electoral Commission who is neither in employment nor in employment-like ratio shall be entitled to compensation for lost earnings for the duration of the term of office of a Member of the District Electoral Commission of CZK 43 per hour, but not more than CZK 340 per day.
(4) In the event that a member of the District Electoral Commission does not participate in all meetings of the Commission, the Municipal Office shall reduce the total amount of remuneration in proportion to the record of his participation in the deliberations of the District Electoral Commission.
(5) The remuneration referred to in paragraph 1 or also referred to in paragraph 2 and the flat-rate compensation for the loss of earnings referred to in paragraph 3 shall be paid by the municipal authority within 30 days of the end of the activities of the District Electoral Commission (15).
Efficacy
This Decree shall take effect on 1 December 2003.
Minister:
Mgr. Gross v. r.
Příloha č. 1
Annex No 1 to Decree No 409 / 2003 Coll.
Příloha č. 2
Annex No 2 to Decree No 409 / 2003 Coll.
1) Sections 27 and 28 of Act No. 62 / 2003 Coll., on elections to the European Parliament and amending certain laws.
2) Article 26 of Act No. 491 / 2001 Coll., on elections to the municipal councils and on the amendment of certain laws.
3) 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), as amended by Act No. 2 / 2002 Coll. and Act No. 320 / 2002 Coll.
4) § 28 of Act No. 491 / 2001 Coll.
5) Paragraph 28 (2) of Act No. 62 / 2003 Coll.
6) Paragraph 23 (7) of Act No. 62 / 2003 Coll.
7) § 23 (3) of Act No. 62 / 2003 Coll.
8) Paragraph 8 (2) (c) of Act No 62 / 2003 Coll.
9) Article 21 (4) of Act No. 62 / 2003 Coll.
10) Sections 21 and 22 of Act No. 89 / 1995 Coll., on the State Statistical Service, as amended by Act No. 356 / 1999 Coll., Act No. 220 / 2000 Coll., Act No. 256 / 2000 Coll., Act No. 411 / 2000 Coll., Act No. 202 / 2002 Coll. and Act No. 320 / 2002 Coll.
11) § 23 paragraph 9 of Act No. 62 / 2003 Coll.
12) Paragraph 49 (3) of Act No. 62 / 2003 Coll.
13) § 61 of Act No. 62 / 2003 Coll.
14) 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., the Constitutional Court found under No. 64 / 2001 Coll., Act No. 491 / 2001 Coll., Act No. 37 / 2002 Coll., Act No. 171 / 2002 Coll., Act No. 230 / 2002 Coll. and Act No. 62 / 2003 Coll. Act No. 130 / 2000 Coll., on Regional Councils and on the amendment of certain laws, as amended by Act No. 273 / 2001 Coll., Act No. 37 / 2002 Coll., Act No. 230 / 2002 Coll. and Act No. 309 / 2002 Coll. Act No. 491 / 2001 Coll., as amended by Act No. 230 / 2002 Coll. and Act No. 309 / 2002 Coll.
15) § 50 of Act No. 62 / 2003 Coll.
16) Decree of the Ministry of Interior No. 233 / 2000 Coll., on the implementation of certain provisions of Act No. 247 / 1995 Coll., on the 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.
17) Paragraph 12 (2) of Decree No 233 / 2000 Coll. § 6 (1) of Decree No 294 / 2012 Coll., on the implementation of certain provisions of the Act on the Election of the President of the Republic, as amended.
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Regulation Information
| Citation | Decree No. 409 / 2003 Coll. implementing Act No. 62 / 2003 Coll., on elections to the European Parliament and amending certain laws |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.11.2003 |
|---|---|
| Effective from | 01.12.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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