Act No 411 / 2022 Coll.
Law on special voting methods in the election of the President of the Republic in 2023
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Law
Effective from 17.12.2022
Text versions:
17.12.2022
16.12.2022
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411
THE LAW
of 1 December 2022
on special voting arrangements for the election of the President of the Republic in 2023
Parliament has decided on this law of the Czech Republic:
SPECIFIC ELIGIBILITY FOR VOTING THE PRESIDENT OF THE REPUBLIC IN 2023
GENERAL PROVISIONS
Subject matter
This law regulates the conditions for the exercise of the right to vote on the territory of the Czech Republic in respect of persons restricted to personal freedom for the protection of public health1) against the disease of covid-19 (hereinafter referred to as "disease ') and other persons under this law in the election of the President of the Republic (hereinafter referred to as" election of the President'), which takes place on 13 and 14 January 2023 and on 27 and 28 January 2023, if the second round of election of the President is held and the conditions for the exercise of the right of those persons to vote in a local or regional referendum held in parallel with the election of the President by means of special voting. This law also lays down specific rules on the administration of the President's election and on determining the outcome of the President's election.
Definition of terms
For the purposes of this Act:
(a) by quarantine or isolation of quarantine or isolation ordered under the Public Health Protection Act (1) for the protection of public health against the disease;
(b) residence facilities for social services facilities providing accommodation services, educational facilities for the performance of constitutional education or protective education, prisons, detention prisons, detention centres and health facilities of the bed care provider;
(c) the closure of a residence facility under the Act on the Protection of Public Health for the Protection of Public Health against Diseases;
(d) a temporary facility allowing a vote from a road 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 Election Act governing the election of the President (Election Act); and
2. on the date on which the special voting procedure under this law can be voted, he shall be a person in quarantine or isolation or on that date he 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 election of the President, on the first day of the election of the President, laid down by the electoral law.
Obstacle in the exercise of the right to vote
(1) The obstacle to the exercise of voting rights provided for by the electoral law for persons with limited personal freedom for the protection of public health does not apply to a legitimate voter under that law who makes use of a special voting method when choosing the President.
(2) The person shall demonstrate that, on the date on which he wishes to vote in a special manner, in quarantine or isolation, by a certificate issued by the health service provider or by a decision of the regional health centre or by any other credible means, he or she shall, if necessary, complete and sign an affidavit before the voting committee that he or she is in quarantine or isolation. A person in isolation shall also be considered to prove a credible documentary or electronic confirmation of the positive result of the disease virus test.
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. On the territory of the capital city of Prague, the Municipality of Prague establishes at least 5 voting commissions.
(2) The voting 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 voting committee will be the recorder. The minutes of the voting committee shall perform the tasks assigned by the electoral law to the President of the District Electoral Commission. At least 2 members of the Commission shall be required to ensure the vote.
(3) The provisions of the electoral law governing the terms of membership of the District Electoral Commission shall apply mutatis mutandis to the terms of membership of the voting committee.
(4) The Regional Office provides training for the members of the voting committee. The Regional Authority also provides protective and hygienic means, computer technology, including a mobile phone with Internet access, other necessary technical equipment, electoral documentation, ballot boxes and transport in the performance of its activities. For the purpose of ensuring transport, the Regional Authority may delegate the means of transport to voting members.
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 census committee will be the recorder. The clerk of the census committee shall perform the tasks assigned by the electoral law to the chairman of the district election committee. The Director of the Regional Office may appoint additional members to the census committee if it requires the difficulty of counting votes in the region.
(3) The provisions of the electoral law governing membership of the District Electoral Commission shall apply mutatis mutandis to the terms of membership of the census committee.
(4) The census committee shall be responsible for the census of votes cast to the voting committees established in the region.
(5) Training of members of the census committee carried out by the Czech Statistical Office is provided by the Regional Office. The conditions for the activities of the summation board, including technical, protective and sanitary equipment, shall be provided by the Regional Authority.
General conditions for allowing a special voting procedure
(1) The voting order is provided by the minutes of the voting committee. His instructions on maintaining order and proper voting are binding on all persons present. The minutes of the voting committee shall be represented in the absence of the vote by the committee member authorised by it.
(2) The authorised voter shall demonstrate to the Commission for the vote of citizenship, identity, age and address of the place of permanent residence by submitting a card or passport, passport, service passport or diplomatic passport of the Czech Republic (hereinafter the passport). In the event that the voter submits a passport or identity card which does not contain a permanent residence address, the voting committee shall verify the voter's permanent residence via the regional office in the basic population register.
(3) The voting committee will also verify that the authorised voter is in quarantine or isolation. If a legitimate voter proves this by an honest declaration, the voting committee shall add it to the list of eligible voters who voted.
(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.
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 territory for which an election post has been established and an authorised voter to whom an electorate has been issued may vote at the electoral post.
Establishment of an electoral post
(1) The Regional Authority, after consulting the Czech Fire Rescue Corps and the Czech Police, shall establish at least 1 electoral post for each district in the region; at the same time it shall determine for which district or part thereof defined by the calculation of the territory of the municipalities is established. On the territory of the capital city of Prague, the Municipality of the capital of Prague shall establish at least 5 electoral posts so that each city area falls under some electoral posts; At the same time, it shall determine the territories for which election posts are established.
(2) Election stations shall be set up in a place with traffic availability allowing the continuous arrival and departure of road 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 election of the President. At the same time, the Regional Authority will provide information on the location of the electoral post of the Ministry of Interior and the municipal authorities in its administrative district. The municipal authority shall publish the information without delay on the official plate and, where appropriate, in the usual place.
(4) The Czech Fire Safety Corps will ensure the construction and fitting of an electoral post, with the exception of technical means provided for in Section 4 (4).
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 election of the President between 8 and 17 hours, exclusively from the road vehicle to which the authorised voter arrives at the electoral post. Before closing the electoral post, the voting committee will allow the vote to be held by the legitimate voters who are waiting for the vote before the election post at 17 o'clock. More qualified voters may vote from one road vehicle.
(2) On arrival at and departure from the electoral post, the driver of the road motor vehicle follows the instructions of the Voting Commission and members of the Police of the Czech Republic supervising the operation at the electoral post.
(3) The voting committee shall issue an official envelope, marked with an official stamp of the Regional Office, to the eligible voter after showing compliance with the conditions laid down in paragraphs 6 and 7. If a legitimate voter so requests, the voting committee shall also provide him with ballots.
Receipt of authorised voters
The voting committee shall draw up a list of eligible voters who have voted at the electoral post. The Commission list shall include the name and surname, date of birth and address and district of residence of the authorised voter.
VOTING IN CONSIDERATION
Conditions for voting on a residence facility
When the accommodation facility is closed, it may vote:
(a) the authorised voter to whom the residence facility provides residence services; and
(b) a voter under an electoral law who works or performs a service in such a residence facility and is present at the time when the voting takes place in such a facility.
Establishment of a list of eligible voters in a residence facility
(1) The Regional Health Centre shall notify the Regional Office no later than 16 hours on the third day before the first day of the President's election of residence facilities in the region to be closed at the time of the President's election. In addition, the Regional Sanitation Station shall inform the Regional Office of the closure of the accommodation facility, which occurred after notification according to the first sentence. The notification to the Regional Office after the tenth hour of the first day of the election of the President of the Regional Office shall not be taken into account.
(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, for each person referred to in Section 11 (a), the name and surname, date of birth and address and district of residence. The Regional Authority shall transmit the list of authorised voters to the voting committee. According to the first and second sentences, no action shall be taken when the residence facility was closed only on the first day of the President's election; in such a case, the Regional Office shall request only an indication of the number of persons to whom the residence facility provides accommodation services and the residence facility shall provide it without delay.
Method of voting for the accommodation facility
(1) The Commission for Voting will arrange for the vote on the accommodation so that it takes place in the reserved time between 8 and 22 hours before the first day of election of the President and from 8 to 18 hours on the first day of election of the President. 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; inform the Ministry of the Interior of this fact.
(2) The voting committee shall issue an official envelope, marked with an official stamp of the Regional Office, after demonstrating compliance with the conditions laid down in paragraphs 6 and 11. If the voter so requests, the voting committee shall also provide him with ballots.
Receipt of authorised voters
The voting committee shall keep only the voters referred to in Article 11 to which it has issued an official envelope in the list of authorised voters, if any, and shall give details of them in the scope of the name and surname, date of birth and address and district of residence.
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 the voting board for authorised voters residing in the region for which the voting committee has been set up.
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 that the regional authority responsible for the place where he resides ensure this voting method. A telephone number published by the Regional Office on its website may be requested only within 20 hours of the President's first day of election. The authorised voter shall inform the Regional Office of his name and surname, date of birth, address and district of residence, address of his place of residence 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 Office on its website by the 10th day before the first day of election of the President. It shall also provide information to the municipal authorities in its administrative district. The municipal authority shall publish the information without delay on the official plate and, where appropriate, in the usual place.
(3) Where the conditions laid down in paragraph 1 are not met, the application shall not be taken into account.
(4) The Regional Authority shall transmit to the voting committee the list of authorised voters who have applied for a vote in a special portable ballot box, to the extent that the information referred to in the third sentence of paragraph 1 is provided.
Voting methods for a special portable ballot box
(1) Voting in a special portable ballot box takes place from 8 to 22 hours on the first day of the President's election and from 8 to 14 hours on the second day of the President's 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 President's election. The Regional Authority will publish this fact on its website and inform the Ministry of the Interior and the Czech Statistical Office.
(2) The voting committee will wait at least 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 with an official stamp of the Regional Office to the eligible voter after proof of the conditions laid down in Article 6. If a legitimate voter so requests, the voting committee shall also provide him with ballots.
Receipt of authorised voters
The voting committee in the list referred to in Article 16 (4) shall indicate by which authorised voters have issued an official envelope or, where appropriate, the fact that the authorised voter refused or was not allowed to vote.
TRANSMISSION OF DATA FROM THE LIST OF AUTHORISED VOTES
Transmission of lists to the Regional Office
After the end of the vote, the voting committee shall transmit the lists referred to in paragraphs 10, 14 and 18, including the votes submitted and the declarations of honour, to the Regional Office without delay.
Transmission of registers to municipal authorities
(1) The Regional Office shall, no later than 14 hours before the first day of election of the President, transmit 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 electorate.
(2) The Regional Office shall, not later than 10 o'clock on the first day of election of the President, transmit the data from the lists of eligible voters who have applied for a vote in a special portable ballot box to the municipal authorities responsible for the permanent residence of the voter.
(3) At the latest at 22 hours on the first day of the election of the President, the Regional Office shall transmit data from the lists of eligible voters who voted in the residence facility to the municipal authorities responsible for the permanent residence of the 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. The transfer of data shall be done by adding a note referring to the number of this Act, the reason for the transmission of the data and the regional authority which transmitted the data on the voter. Where a statement is made in the permanent list of voters at the name of the voter that it is entered in the specific list of voters maintained by the municipal authority, the municipal authority shall immediately transmit the data transmitted by the regional authority pursuant to paragraphs 1 to 3 to the municipal authority in which the voter is registered.
(5) If a voter arrives in the ballot room, who, according to the data transferred to the list of voters, has already received an official envelope, the District Electoral Commission will not allow him to vote. The District Electoral Commission will also not allow voters to vote, who, according to the data transferred to the list of permanent voters, have requested a vote in a special portable ballot box, and for which the District Electoral Commission has verified through the Regional Authority that they have already voted.
DETERMINATION OF PRESIDENT'S RESULTS
Transmission of electoral documents and electoral boxes
(1) The voting committee shall send a sealed ballot box to the Regional Office for safekeeping after the vote. A record of the transfer shall be drawn up by the voting committee and the Regional Office. The holding of a sealed ballot box at the Regional Office 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 Office shall forward the electoral boxes and printed lists of authorised voters transmitted pursuant to Article 19 to the summation committee not earlier than after the end of the vote under the electoral law.
(3) The census committee will open the ballot boxes after receiving all the ballot boxes for a special voting method in the county and mixing their content.
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 ballots and examine the results of the vote in accordance with a procedure to which the provisions of the electoral law governing the assessment of ballots and the determination of voting results shall apply mutatis mutandis.
(2) In the room where the census committee sums up the votes, they have the right to be present
(a) employees of the Czech Statistical Office entrusted with the detection and processing of election results under the electoral law,
(b) county staff assigned to the Regional Office who are certified to be eligible in the election section;
(c) members of the State Election Commission and its Secretariat;
(d) representatives of political parties and political movements represented in the Chamber of Deputies who shall be shown by delegation by a signed person authorised to act on behalf of a political party or political movement;
(e) representatives of the media authorised by the State Electoral Commission; and
(f) observers of international bodies and organisations established under the declared international treaty, which the Czech Republic is bound by, and the Organisation for Security and Cooperation in Europe, who shall notify the participation of their observers to the Ministry of Foreign Affairs no later than 3 days before the first day of the election of the President.
(3) The census committee shall draw up the minutes mutatis mutandis in accordance with the rules for drawing up the minutes on the progress and outcome of the vote under the 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.
(4) The census committee will transmit the registration to the Czech Statistical Office at the workplace established by the Czech Statistical Office.
(5) The Czech Statistical Office will count the results of the votes transmitted by the census committee to the outcome of the election of the President in a similar manner to those laid down in the electoral law for the calculation of the voting results at the District Electoral Commission, through the establishment of special constituencies for special voting methods.
(6) The electoral documentation is deposited with the Regional Authority.
FINANCING OF SPECIFIC VOTING ELEMENTS
Entitlements of members of the voting committees and members of the census committees
(1) The activities of the voting committee member and the addition committee member are another act of general interest.
(2) A member of the voting committee and a member of the census committee who is in employment or service relationship shall be entitled to leave to the extent necessary for the performance of his duties and to compensation for salary, salary, service income or remuneration equal to the average of the earnings of the employer. A member of the voting committee and a member of the census committee who is not in the work or service relationship, but who is employed, shall be entitled to a flat-rate compensation of CZK 340 per day for the duration of his duties.
(3) A member of the voting committee is entitled to a remuneration of CZK 5,000 for each day he was in office and was also involved in securing the vote in a special way. The member of the census committee is entitled to a reward of CZK 3,000. If the second round of presidential elections is held, the reward of the member of the summation committee is increased by CZK 1 000.
(4) The remuneration referred to in paragraph 3 shall be paid by the Regional Office.
Payment of costs
(1) The Regional Office, from the funds provided by the State budget, by means of a subsidy for the activities of the electoral authorities, covers the costs of:
(a) the claims of members of the voting committees and members of the summation committee pursuant to Article 23;
(b) ensuring the conditions under which voting committees operate pursuant to Articles 4 and 8 (1); and
(c) ensuring the conditions for the activities of the summation board pursuant to § 5.
(2) The cost of the measures provided for in Article 8 (4) is borne by the budget chapter of the Ministry of Interior.
SPECIFIC PROVISIONS CONCERNING THE PRESIDENT AND REFERENCE OF THE PRESIDENT'S AND REFERENCE ELECTION
(1) An obstacle to the exercise of the right to vote in a referendum held in parallel with the election of the President laid down by the relevant laws governing the holding of a referendum for persons with limited personal freedom for the purpose of protecting public health in relation to a disease does not apply to persons entitled to vote in a referendum (hereinafter referred to as the "authorised person") who, when voting in a referendum, make use of a special voting procedure under this law.
(2) The authorised person may, after demonstrating compliance with the conditions set out in paragraphs 2 to 4 of Article 6, use special voting methods under this law for the local referendum vote.
(a) at the electoral post established for the district in which the municipality holding the local referendum in which the beneficiary has the right to vote is situated;
(b) in a residence facility situated in the territory of the municipality in which the local referendum takes place in which the beneficiary has the right to vote; or
(c) to a special portable ballot box, where the beneficiary is located in the territory of the municipality in which the local referendum takes place in which the beneficiary has the right to vote.
(3) The Municipal Office of the municipality holding a local referendum shall forward to the Regional Office, no later than 4 days before the first day of the elections, a sufficient number of official envelopes and voting lists for the local 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 the authorising officer shall proceed accordingly under this law. The list of authorised persons shall be kept by the voting committee separately.
(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. Upon the end of the vote, the voting committee shall forward the special ballot box to the Regional Office, together with the list of 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 a list of 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 Regional Electoral Commission shall reflect the content of the list of beneficiaries transmitted by the Regional Office into the list of beneficiaries.
(6) Subject to the conditions laid down in paragraph 2 (b), a person who works or performs a service in that accommodation may vote in a local referendum in a residence facility at the time the voting takes place.
(7) If a citizen of another Member State of the European Union votes in a local referendum under this law, he will prove his identity and citizenship by means of a certificate of residence or registration.
(8) The regional referendum shall be held in accordance with paragraphs 2 to 6 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.
TRANSFERS
(1) A natural person who is an authorised voter, an authorised person or a person working or performing a service in a resident establishment authorised to vote in that accommodation shall commit an offence by:
(a) vote under this law in the election of the President or the referendum more than once;
(b) votes in the election of the President or the referendum by any of the special voting arrangements provided for in this law and by means of an electoral or referendum law; or
(c) request for the election of the President or a referendum to vote in a special portable ballot box under this law more than once or only after having voted in another special vote under this law.
(2) A natural person who is an authorised voter or an authorised person shall continue to commit an offence by deliberately mentioning an incorrect or incomplete indication in the affidavit referred to in Article 3 (2).
(3) A penalty may be imposed in respect of an offence:
(a) 5 000 CZK if the offence referred to in paragraph 1 (c) or paragraph 2 is committed; or
(b) 10 000 CZK if the offence referred to in paragraph 1 (a) or (b) is committed.
(4) The offence under this law shall be dealt with by the Regional Office responsible for the place of residence of the natural person.
COMMON PROVISIONS
(1) The time limits and the definition of electoral days under the electoral law are not affected by specific voting methods.
(2) Unless otherwise provided for in this law, the provisions of this law concerning the regional authorities also apply to the City of Prague.
(3) 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.
(4) The activities of the electoral authorities under this law are the performance of the state administration.
(5) If, on the days of the election of the President, members of the District Electoral Commission are obliged to wear respiratory protective devices in the interior of the building, the special reward for the performance of the duties of the District Electoral Commission member is increased by CZK 500.
(6) Persons providing the activities of the electoral authorities shall be obliged to remain silent on the facts which they have learned in connection with the performance of the tasks of the electoral authority under this law about persons entitled to vote under this law.
(7) 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 from the disease in accordance with Article 3 (2).
(8) The Ministry of the Interior shall determine and publish on its website the form and manner of keeping lists of authorised voters under this Act.
(9) The Czech Statistical Office shall establish 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 vote drawn up by the census committee pursuant to Article 22 (3) are to be presented;
(b) the centre for the transmission of the minutes on the course and the results of the votes by the census committees referred to in Article 22 (4).
(10) The deadline set for declaring the President's election under the electoral law shall not apply to the publication of voting dates in a special manner under this law. The President of the Senate shall declare the voting days in a special manner before the first day of the election of the President under this law or, if the office of President of the Senate is not filled, the President of the Chamber of Deputies no later than 15 days before the first day of the election of the President.
(11) A member of the voting committee and a member of the census committee shall not be treated as a taxpayer in social security contributions and contributions to state employment policy or as a public health insurance premium payer.
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Regulation Information
| Citation | Act No 411 / 2022 Coll., on special voting arrangements in the election of the President of the Republic in 2023 |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.12.2022 |
|---|---|
| Effective from | 17.12.2022 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 334
The regulation text is for informational purposes only.
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