What is Act No. 491 / 2001 Coll.?

Act No. 491 / 2001 Coll., on elections to municipal councils and on the amendment of certain laws — Act on municipal council elections and amending certain laws.

When it became Act No. 491 / 2001 Coll. effectiveness?

Act No. 491 / 2001 Coll. became effective 31.12.2001.

Is Act No. 491 / 2001 Coll. still valid?

Yes, Act No. 491 / 2001 Coll. is still valid and effective.

How many times was it Act No. 491 / 2001 Coll. amended?

Act No. 491 / 2001 Coll. has 15 time versions of the text.

Act No. 491 / 2001 Coll. - Act on municipal council elections and a...

491

THE LAW

of 6 December 2001

on elections to municipal councils and amending certain laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

VOTES TO THE REPRESENTATIVES

HLAVA I

GENERAL PROVISIONS

§ 1

(1) This law incorporates the relevant European Unionprovisions (1) and provides for specific rules for the administration of elections to municipal councils, special conditions for the exercise of the right to vote in these elections and special rules for the detection of the results of those elections. Common rules for the administration of elections are laid down in the Electoral Governance Act.

(2) The election period of the municipal councils is fouryear2). The municipal council elections take place in all municipalities, urban areas and urban districts of the territorial subdivided statutory cities, the capital of Prague and its urban areas in the first full week of October of the year in which the election period expires.

(3) Unless otherwise provided for in this Act, the rules laid down in this Act shall apply to the municipality and its authorities, mutatis mutandis, to the urban district or the urban part of the territorial subdivided statutory city and their authorities, the capital of Prague and the urban part of the capital of Prague and their authorities.

§ 2

The elections to the municipal councils shall take place on the basis of the universal, equal and direct voting right by secret voting of m2) according to the principle of proportional representation.

§ 3

(1) Elections to municipal councils shall be announced, unless otherwise provided for by this law, by the President of the Republic no later than 90 days before their performance. The election is announced in the Collection of Laws and International Treaties.

(2) Additional elections, repeated elections and repeated votes and new elections are held on one day. The vote starts at 7: 00 and ends at 10: 00.

§ 4

Right to vote

(1) The citizen of the municipality has the right to vote for the council of the municipality, provided that he is a national of the Czech Republic, who, at least on the day of the elections, and if the elections take place in two days, the second day of the elections, has reached the age of at least 18 years and is registered for permanent residence in the municipality, and the national citizen of another State who, on the day of the elections, is entitled to an international convention which the Czech Republic is bound and which has been published in the Collection of Laws and International Treaties or in a previous similar collection; to the council of the city district or the urban part of the territorial division of the statutory city or the urban part of the capital city of Prague has the right to vote for the voter who is registered to reside in that city district or part of the city.

(2) In addition to the obstacles laid down by the Electoral Management Act, the enforcement of electoral law is also hampered

(a) a statutory restriction of liberty on grounds of the execution of a custodial sentence or the execution of a security detention; or

(b) the performance of the service of an occupational soldier abroad or the performance of the service of a soldier in advance abroad.

§ 5

Right to be elected

(1) Any voter who is not prevented from exercising his right under Paragraph 4 (2) (a) and from exercising his right to be elected may be elected as a member of the council of the municipality.

(2) The function of a member of the council of the municipality is incompatible with that of an employee of that municipality who is assigned to the municipal office of that municipality; the function of a member of the town district or part of the city district council is incompatible with that of an employee assigned to the municipality of the respective territorial division of the city or capital of Prague; the function of a member of the council of a territorial division of the statutory city or capital of Prague is incompatible with that of an employee assigned to the office of the city district or the city part of that city; the function of a member of the council of the municipality is incompatible with that of an employee assigned to an authorised municipal office or regional office.

(3) The function of a member of the council of a municipality, a territorial subdivided statutory city, a capital city of Prague, a city district or a city district is incompatible under paragraph 2 only on condition that the staff member exercises directly the state administration relating to the territorial competence of the municipality, the territorial subdivided statutory town, the capital of Prague, the urban district or the urban area, or on condition that they are employees appointed by the mayor, the mayor, the capital of Prague or the mayor of the district, the municipality, the capital of Prague, the capital district or the municipality.

HLAVA III

CANDIDATE CHARGES AND VOTING LETTERS

§ 20

Election party

The election party under this law may be registered political parties and political movements, 15) whose activities have not been suspended and their coalition, independent candidates, associations of independent candidates or associations of political parties or political movements and independent candidates.

§ 21

Candidate documents

(1) If the election party is an independent candidate or association of independent candidates, the election party shall add a petition to the candidate list signed by voters supporting its candidacy. The title of the petition and the name of the election party, the name of the council of the municipality to which the election party is running for and the year of the election must appear on each of its other pages. In addition to the electorate's signature, his name, surname, date of birth and address of the place of permanent residence, or the address of the place of temporary residence, if any, shall be indicated in accordance with Paragraph 4 (1), otherwise this vote shall not be counted for the support of the electorate. The signatures of the candidates themselves are not included. The necessary number of electorate signatures is set out in the Annex to this Act; the number calculated in accordance with the Annex shall be rounded up to the whole number. The registration authority shall publish the required number of signatures on petitions in the electoral management information system no later than 80 days before the election date.

(2) A petition or part of a petition lodged after the deadline for the lodging of a candidate's certificate shall not be taken into account. The defects in the petition cannot be healed.

§ 22

(1) The municipal authority shall notify the registration office of the number of members of the council of the municipality to be elected no later than 81 days before the election date. At the same time, it shall publish this information on the official record. In addition, the number of members of the municipal council may be published in the usual manner.

(2) The election party may indicate on the list a maximum number of candidates as the number of members elected to the respective council of the municipality. If electoral districts are created for election to the council, the election party may indicate for each constituency the maximum number of candidates to be elected in this constituency. In municipalities where 7 or less members of the council of the municipality are to be elected, the election party may indicate on the list a maximum number of candidates, as the number of members elected to the respective council of the municipality is increased by one third and rounded down to the whole number.

(3) If the total number of candidates listed on all registered candidate lists does not reach an absolute majority of the number of representatives of the municipality to be elected or less than 5, the elections shall not take place in that municipality.

§ 25

Voting lists

(1) The heading of each ballot shall bear the name of the municipality and the number of members of the council to be elected. If voting circuits are created, the voting circuit designation and the number of members of the council to be elected shall also be entered in the heading of the ballot. Voting tickets for elections to the councils of territorial subdivided statutory cities and to the Prague City Council are marked with a vertical coloured stripe on the left edge.

(2) Each party's candidates are listed on a joint ballot in the order indicated by the election party in separate framed columns. The columns are placed side by side; If this is not possible for the number of voting parties, the columns shall continue in the following series. Each column is marked with the name and winning number of the voting party. In the column header there is also a square if there are at least 2 candidates in this column. A box and a serial number of the candidate shall be placed in front of the candidate's name marked with an Arabic digit.

(3) Voting tickets for elections to the relevant council with A4 format and larger printing on both sides. If the ballot is printed on both sides, the text "Continue on the other side" shall be indicated at the end of each page.

HLAVA IV

VOTING

§ 27

Election circuits

(1) The municipality consists of one constituency. At the latest 85 days before the election date, the municipality may create several constituencies:

(a) in municipalities with a population of up to 10 000 so that at least 5 members of the municipality's council are elected in each constituency;

(b) in municipalities with a population of between 10 001 and 50 000 inhabitants, so that at least 7 members of the municipal council are elected in each constituency;

(c) in municipalities with a population of more than 50 000 so that in each constituency at least 9 members of the council of the municipality are elected.

(2) In the capital of Prague and in the territorial subdivided statutory cities, only one constituency can be part of the city or district.

(3) The list of electoral districts created, their description by reading the constituencies, the number of members of the municipal council to be elected in each constituency and the number of signatures required for an independent candidate and an association of independent candidates shall be published by the municipal authority no later than 81 days before the election date on the official record and, where appropriate, in the usual place, and shall at the same time notify the registration office of such information.

§ 28

Election card

On the basis of an electoral pass or on the basis of a registration, the voter may vote in any constituency of his constituency in another constituency in the electoral list. This constituency is always a constituency in a territorial subdivided statutory city and in the capital of Prague, in which the electorate can elect a town council or a town district.

§ 34

Voting procedure

(1) The voter may elect no more than the number of members of the council of the municipality to be elected.

(2) The voter may place a cross on the ballot in front of the candidate's name with the candidate for whom he is voting in any of the columns in which the candidates of each election party are listed.

(3) The voter may mark on the ballot a cross in a square in the column header with the election party candidates for no more than one vote. At the same time, it may mark in the box in front of the candidate's name another candidate for whom it votes in any separate columns in which the other voting parties are listed. In this way, they select individually designated candidates, as well as so many candidates designated by the election parties as the difference between the number of members of the council to be elected and the designated individual candidates, in the order in which the candidates designated by the election parties are listed in its column.

(4) In the territorial breakdown of the statutory cities and in the capital of Prague, the voter will insert a ballot for election to the council of the territorial division of the statutory city or to the representative of the capital city of Prague and a ballot for election to the council of the municipal district or part of the city in one official envelope.

HLAVA V

DETERMINING THE RESULTS OF VOTES TO THE REPRESENTATIVES

§ 40

Allocation of votes by the District Election Commission

(1) After excluding the ballots from the official envelopes, the District Electoral Commission will assess the votes of voters (§ 41), adding the votes for individual candidates and for individual electoral parties. The number of votes cast for the election party shall be the sum of all votes received by its candidates pursuant to paragraph 2. In the district, if the district is divided into a subterritorial statutory town or the Záplatelstva of the capital city of Prague, and at the same time into the city district or part of the city, the ballots are divided by the types of council before the census and then added separately.

(2) After assessing the voter's vote, the District Electoral Commission (§ 41) shall count the valid vote for the candidate as follows:

(a) where only individual candidates from any election party are designated, the vote shall be received by each designated candidate;

(b) if only the election party is designated, the vote shall be received by each candidate of that party, but not more than the number of candidates in the order of the ballot, as the number of elected members of the council,

(c) if the election party and the individual candidates of the other voting parties are designated, the vote shall first be received by each individually designated candidate of the other voting parties and then, in the order of the ballot, by so many candidates of the designated election party, the difference between the number of elected members of the council and the number of individually designated candidates.

§ 41

Assessment of voter voice validity

(1) The voter vote is invalid,

(a) if he has not marked either the election party or any candidate on the ballot;

(b) if, on the ballot, he marked more than one electoral party with a cross in a square in the heading of the election party column,

(c) if, on the ballot, there are more candidates than are to be elected by members of the council of the municipality, whether or not the candidate has given up his or her candidacy; or

(d) if there is a reason for this provided for by the Electoral Management Act.

(2) If an election party is marked on the ballot by a cross in the square heading of its column and the candidates of that voting party are marked by a cross in the box before their name, the designation of candidates shall not be taken into account.

§ 42

Minutes and results of votes

(1) The minutes of the District Electoral Commission on voting in the constituency shall state:

(a) the time of commencement and termination of the vote, and, where appropriate, its postponement, interruption or extension, stating the reasons for the vote;

(b) the total number of persons in the constituency registered in the electoral register;

(c) the number of voters to whom official envelopes have been issued;

(d) the number of voters who voted for the ballot;

(e) the number of official envelopes surrendered;

(f) the number of ballots which are a valid voter vote;

(g) the number of votes in force cast for each party;

(h) the number of votes in force cast per candidate;

(i) the brief content of the notifications and complaints submitted to the Regional Electoral Commission, the resolutions adopted by the Commission and their brief justification.

(2) In order to provide the information referred to in paragraph 1 (g) and (h), the panel shall use the necessary number of unused ballots, which, after the end of the vote for this purpose, was explicitly designated by the President of the District Election Commission in the presence of the members of the District Election Commission; if applicable, use auxiliary addition sheets provided electronically by the Czech Statistical Office.

§ 45

Detection of election results

(1) The Czech Statistical Office will find out from the minutes on the course and outcome of the votes submitted under the Electoral Management Act by the District Electoral Commission how many votes were cast for each candidate on the ballot and how many votes for each party. It shall also determine the total number of votes in force for all the voting parties and which have received less than 5% of the total number of votes in force, divided by the elected number of members of the council and multiplied by the number of candidates but not more than the elected number of members of the council; those voting parties and the votes cast for them shall no longer be taken into account when determining the results of elections and the allocation of mandates. If the Czech Statistical Office finds that at least 2 electoral parties do not proceed until the next election results are determined, the 5% threshold is gradually reduced by 1% until the condition is met. They shall also determine whether at least half of the mandates will be filled in this way, or the total number of mandates allocated will be greater than 5 throughout the municipality. If that condition is not met, it shall further reduce the percentage by an additional percentage until this second condition is met. If 1 candidate document has been filed for elections to the relevant council, the 5% limit shall not be taken into account. Thereafter, the total number of valid votes received by the advancing voting party shall be divided by 1, 2, 3 respectively, and by one higher number each time, so that the number of dividing operations corresponds to the number of candidates on the ballot.

(2) The shares calculated in the manner referred to in paragraph 1 shall be ranked by the Czech Statistical Office according to their size up to the number of mandates to be allocated to the municipal council during the elections. For each share in this numeral series, the election party shall obtain one mandate. In the event of equal shares, the total number of votes obtained by the election party and, if the same, the ticket shall be decided.

(3) The Czech Statistical Office shall order the mandates allocated to the candidates of the election party in the order in which they appear on the ballot, unless the order referred to in paragraph 4 is changed.

(4) The Czech Statistical Office will divide the total number of votes cast for the election party by the number of candidates for the election party. If one of the candidates has at least 10% more votes than the average thus determined, expressed as a whole number without rounding, he shall proceed to the first place on the ballot. If there are more than one such candidate, the order shall be determined by the number of votes cast for them; in the event of a tie between the candidates referred to, the original order of the candidates on the ballot shall be decisive.

(5) Candidates who have not received a mandate shall become alternates in the order laid down in paragraphs 3 and 4. In the event of a tie, the ranking of the candidate on the ballot shall be decisive. In the absence of a mandate, its candidates shall not become alternates.

(6) If electoral circuits have been created, the Czech Statistical Office shall perform the acts referred to in paragraphs 1 to 5 for each constituency separately.

§ 46

Minutes of the outcome of the municipal council elections

(1) The Czech Statistical Office shall draw up a record of the outcome of the elections to the council of the municipality and forward it to the registration office after signing.

(2) The record of the outcome of the elections for the council of the municipality shall state:

(a) the number of electoral districts in the municipality, the number of district electoral committees which transmitted the result of the vote and the district electoral commission which did not send the results of the vote;

(b) the number of constituencies, if any,

(c) the total number of persons registered in the electoral records;

(d) the total number of voters to whom official envelopes have been issued;

(e) the total number of voters who voted for the ballot;

(f) the total number of official envelopes surrendered;

(g) the number of ballots which are the voting vote;

(h) the total number of votes in force cast for each party;

(i) the total number of votes in force cast per candidate;

(j) the names and surnames of the candidates who have been elected to the council of the municipality and on the list of candidates to be listed by the election parties;

(k) the names and surnames of the alternates of each party in accordance with § 45 (5).

(3) The entry on the outcome of the elections to the council of the municipality will sign

(a) an authorised staff member of a municipality whose office is a registration office;

(b) an authorised employee of the Czech Statistical Office.

§ 47

Announcement of election results to the council of the municipality

The registration office shall publish the results of the elections by publishing a record of the election result to the council of the municipality on the official record of the registration office immediately after its approval and signature. At the same time, the Registration Office shall publish a record of the outcome of the elections to the municipal council on the official record of the municipality.

§ 48

Specific provisions for territorial subdivided statutory cities and for the capital of Prague

The Regional Electoral Commission will draw up a voting record in the constituency (§ 42) separately for elections to city councils or urban areas, and especially for elections to regional subdivided statutory cities or elections to the district of Prague.

§ 50

(1) The Czech Statistical Office will process the minutes of the overall result of the elections to the municipal councils and forward it to the State Election Commission.

(2) The minutes of the overall result of the elections shall indicate:

(a) the total number of municipalities in which the council was elected;

(b) the total number of persons listed in the lists;

(c) the total number of voters to whom official envelopes have been issued;

(d) the total number of elected members of the municipal councils by election party;

(e) the list of municipalities in which the elections were not held (§ 22 (3));

(f) the names and surnames of the candidates, broken down by the name and type of the electoral parties elected to the Office of the City of Prague and those who became alternates; in the case of the coalition, the composition and name of the political party or political movement proposed by the candidate shall be indicated in these elections.

(3) The State Election Commission will approve the minutes of the overall result of the elections transmitted by the Czech Statistical Office. The minutes shall be signed by the members of the State Election Commission.

(4) A member of the State Election Commission may refuse to sign and make a reservation on the minutes of the overall outcome of the elections. The reasons for refusing the signature of a member of the State Election Commission shall be set out in a separate annex to the minutes.

§ 53

Election certificate

The Registration Office shall issue an election certificate to the candidates elected as members of the municipality's representative, at the latest by the constituent meeting of the council. Where the court finds a valid application for the candidate's election to be invalid, the registration authority shall, within 7 days of the legal authority, issue a decision on the candidate's invalidity (§ 60) of the candidate's election certificate in the order laid down in § 45 (3) and (4).

§ 54

Additional elections, reelection and revote

(1) The election of the council of the municipality shall not take place if:

(a) the court finds a valid application for the annulment of a vote or for the annulment of an election (§ 60);

(b) the elections were not held on the grounds of Article 22 (3);

(c) not a single ballot with at least one valid vote for the candidate has been submitted.

(2) If it has not been elected by the council of the municipality in accordance with paragraph 1 (a), the Minister of the Interior shall announce the re-election or re-vote within 30 days of being notified of the court order.

(3) If the municipal council has not been elected pursuant to paragraph 1 (b) or (c), the Minister of Interior shall declare additional elections within 30 days of the publication of the overall election results to the municipal council of the State Election Commission.

(4) The provisions of this Act and of the Election Management Act shall apply mutatis mutandis to the additional elections, the re-elections and the re-voting.

HLAVA VI

_

§ 55

Establishment and termination of the mandate

(1) The mandate of a member of the council of the municipality is established by election; the election shall be closed.

(2) The mandate expires

(a) by rejecting the promise of a member of the council of the municipality or by making a promise subject to reservation;

(b) the date of the meeting of the council of the municipality where the member of the council of the municipality gives up his mandate in person; if a member of the council of the municipality expresses his willingness to waive his mandate on another later date, the mandate shall cease on that date; The resignation cannot be withdrawn,

(c) the date on which the official signature of the representative of the municipality is delivered to the municipality in writing; if a member of the council of the municipality expresses his willingness to waive his mandate on another later date, the mandate shall cease on that date; The waiver may also be made electronically by means of a data box or signed by a recognised electronic signature by sending to the e-mail address of the municipality's office; The resignation cannot be withdrawn,

(d) death of a member of the municipal council,

(e) the date of election to the municipal council,

(f) the date on which the municipalities were merged or connected to another municipality. 28)

(3) Except in the cases referred to in paragraph 2, the mandate of a member of the council of the municipality, if so stated by the relevant representative, shall cease on the grounds of:

(a) a final judgment of the court which sentenced a member of the council of the municipality to an unconditional prison sentence;

(b) that a member of the council of the municipality has ceased to be optional (§ 5);

(c) incompatibility of the functions referred to in Article 5 (2).

(4) If the municipality's representative does not declare the termination of the mandate referred to in paragraph 3 at the next meeting, the Regional Authority shall request that an extraordinary meeting of the council be convened, which shall take place no later than 21 days after the receipt of the request. If the mandate is not terminated, the mandate of a member of the council of the municipality shall cease if the Regional Office so requests.

(5) The tasks of the Regional Office referred to in paragraph 4 are performed by the Ministry of Interior of the City of Prague.

(6) In the event of incompatibility of the functions referred to in Article 5 (2), which shall arise on the date of election of the representative of the municipality, the competent representative shall not decline the mandate at the constituent meeting, but shall allow the elected member of the representative of the municipality to take legal action to terminate the contract within 3 days of the constituent meeting. If, within 3 months of the constituent meeting, a member of the council of the municipality fails to provide evidence to the relevant mayor or mayor that the reason for the incompatibility of the functions has passed, the representative of the municipality shall proceed in accordance with paragraphs 3 and 4.

(7) The order of the council of the municipality referred to in paragraph 3 or the decision of the Regional Office referred to in paragraph 4 or the decision of the Ministry of Interior shall be sent without delay to the person who is entitled to seek protection in a court pursuant to paragraph 59. At the same time, this order or decision shall be placed on the official plate of the competent municipal authority. The order or decision shall be deemed to have been served on the seventh day following the date of the hanging.

(8) The term of office of a member of the council of a municipality pursuant to paragraphs 3 and 4 shall expire on the date on which the time limit for bringing an application under Paragraph 59 has expired in vain or on the date on which the decision of the court has not been annulled in accordance with paragraph 7.

§ 56

Entry of alternates

(1) If the mandate is vacated in the council of the municipality, an alternate from the candidate list of the same electoral party shall take place in the order of Paragraph 45 (5) on the day following the date on which the mandate was terminated.

(2) Within 15 days of the vacancy of the mandate, the mayor of the municipality shall give a certificate to the member of the council of the municipality that he became a member of the council of the municipality. In the event of incompatibility of the functions referred to in Article 5 (2), the council of the municipality shall proceed mutatis mutandis at the next meeting referred to in Article 55 (6).

(3) If no alternate is present, the mandate will remain vacant until the end of the term of office of the council of the municipality.

§ 57

(1) The status of alternate shall cease to exist

(a) the date of the elections or, where appropriate, the new elections for the council of the municipality;

(b) the date on which the replacement's official signature is delivered to the municipality; The waiver may also be made electronically by means of a data box or signed by a recognised electronic signature by sending to the e-mail address of the municipality's office; The renunciation of the status of alternate shall not be withdrawn,

(c) loss of selectivity; or

(d) the death of an alternate.

(2) In the event that the renunciation of the status of an alternate is delivered to the municipality pursuant to paragraph 1 on the date on which the alternate has already been given the mandate of the representative of the municipality pursuant to Paragraph 56 (1), the latter shall be deemed to be the resignation of the representative of the municipality.

§ 58

New elections

(1) New elections to the municipal council under this law are held,

(a) if the number of members of the municipal council is reduced by more than half of the number determined by law and if there are no alternates pursuant to § 56,

(b) if the number of members of the council of the municipality falls below 5 and there are no alternates under § 56;

(c) if there is a new municipality,

(d) if there is a new urban area or a new urban district,

(e) if the council of the municipality is dissolved in accordance with a special legislation. 29)

(2) In the last 6 months of the term of office of the municipal councils, new elections have not taken place.

(3) For new elections, the provisions of this Act and the Law on the Administration of Elections shall apply mutatis mutandis.

(4) If the reason for holding the new elections referred to in paragraph 1 is given, the Mayor of the municipality concerned shall, via the regional authority, send a proposal to the council of the municipality to the Ministry of the Interior within 30 days of the date on which that reason arose. The mayor of the capital city of Prague, who sends a proposal to the Ministry of the Interior, is doing likewise. The Minister of the Interior shall declare the new elections within 30 days of receiving the proposal in accordance with the first sentence.

HLAVA VII

COURT REVIEW

Date of Promulgation	31.12.2001
Effective from	31.12.2001
Effective until	-
Status	Valid

Citation	Act No. 491 / 2001 Coll., on elections to municipal councils and on the amendment of certain laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Act No. 491 / 2001 Coll.

Act on municipal council elections and amending certain laws

Contents