Act of the Czech National Council No. 54 / 1990 Coll.
Act of the Czech National Council on Elections to the Czech National Council
Valid
Effective from 06.03.1990
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
ČÁST DRUHÁ
§ 4
§ 5
§ 6
§ 7
ČÁST TŘETÍ
§ 8
§ 9
§ 10
§ 11
§ 12
ČÁST ČTVRTÁ
§ 13
§ 14
§ 15
§ 16
§ 17
ČÁST PÁTÁ
ODDÍL 1
§ 18
§ 19
§ 20
§ 20a
§ 21
§ 21a
§ 22
ODDÍL 2
§ 23
§ 24
§ 25
§ 26
ODDÍL 3
§ 27
ČÁST ŠESTÁ
§ 28
§ 29
§ 30
§ 31
§ 32
ČÁST SEDMÁ
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
ČÁST OSMÁ
§ 50
§ 51
§ 52
§ 53
§ 54
ČÁST DEVÁTÁ
§ 55
§ 55a
§ 56
§ 57
§ 58
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54
THE LAW
Czech National Council
of 6 March 1990
on elections to the Czech National Council
The Czech National Council decided on this law:
BASIC PROVISIONS
Elections to the Czech National Council are held on the basis of general, equal and direct voting rights by secret ballot according to the principle of proportional representation in the electoral regions.
(1) The citizens of the Czech and Slovak Federal Republicswho have a permanent residence (1) in the Czech Republic have the right to vote, at the latest on the day of the elections they have reached the age of 18 and are staying on the election day in the territory of one of the electoral regions.
(2) However, citizens who have been deprived of legal capacity or whose legal capacity has been restricted are not entitled to vote.
(3) An obstacle to the exercise of electoral law is the statutory restriction of personal freedom
(a) protection of the health of the people, 3)
(b) the execution of the prison sentence.
Any citizen of the Czech and Slovak Federal Republics who has the right to vote may be elected a Member of the Czech National Council and has reached the age of 21 on election day.
OPENING TERRITORY
Election Area
Elections are held in the Czech Republic.
Election regions
Election counties form the territory of the countries4) according to the state on the day of the election announcement.
Number of Members
The number of Members is laid down in a constitutional regulation.
Election districts
(1) Election districts are created in the municipalities for voting and counting.
(2) Electoral districts and polling rooms for each district shall be determined by the municipal council or body acting as municipal council (hereinafter referred to as the "municipal council"), 5) no later than 30 days before the election date.
(3) The electoral district is created to include as a rule 1000 voters. For remote parts of the village, separate electoral districts can be created if there are at least 50 voters.
(4) Special electoral districts can be created in hospitals, births, sanitariums, welfare institutions and similar institutions and facilities or parts thereof, but only if there are at least 100 voters.
(5) In the cells of police collateral (6) or in the places where the detention or disciplinary prison sentence is carried out, the possibility of exercising the right to vote on the basis of an electoral licence, in cooperation with the Chief of the establishment concerned, will be ensured by the District Election Commission in whose district the establishment is located. The size of the constituency referred to in paragraph 3 may not be maintained in this case. These persons shall choose, on the basis of the electoral licence they have requested, if they are not resident in that district. In the event of a demonstration, the competent department of the police force shall proceed in such a way as to enable the person presented to exercise his right to vote.
(6) If the elections to the Czech National Council are held at the same time as the elections to the Federal Assembly, the constituencies for these elections may be common.
ELECTRICITY AND VOICE TRAINING
Entry into the electoral list
(1) All nationals of the Czech and Slovak Federal Republics who have the right to vote are included in the electoral list according to their permanent residence. Members of the armed forces and armed security corps who are housed in bulk shall be included in the list of voters in the municipality in whose territory the unit to which they are assigned is located. The head of the department, in cooperation with the municipal or municipal authority, which functions as municipal office (hereinafter referred to as "municipal office ') 7) of the municipality of secondment shall immediately confirm this to the municipal authority responsible for the place of permanent residence of those members.
(2) Citizens who, after drawing up a list of voters, acquire or lose their voting rights shall be added to or withdraw from the list of voters.
(3) For voters who are prevented from exercising their right to vote (Section 2 (3)), this is noted in the electoral list.
(4) Each voter can only be entered in one voter list.
Establishment of the electoral list
(1) The electoral lists are drawn up by the municipal office according to the constituencies.
(2) The list of voters, if they are mass-accommodated by the helpers of the armed forces and armed security forces, shall be drawn up by the municipal authority on the basis of supporting documents supplied to the department commander. The municipal authority shall ensure that electoral districts in which only those members are listed or in which only the persons referred to in Article 7 (5) are elected are not created.
(3) If elections to the Czech National Council are held at the same time as the elections to the Federal Assembly, the electoral lists may be common.
Unloading the electoral list
(1) No later than 30 days before the election date, the municipal office shall land electoral lists in order to allow citizens in official rooms to consult them. The municipal authorities shall inform citizens of the unloading of the electoral lists in the usual manner.
(2) In municipalities with more than 5000 citizens on the electoral list, the municipal authority will arrange for a list of voters living in the house to be included in each house. The municipal authority in the municipality, which has fewer than 5000 citizens on the electoral list, shall arrange for a list of voters to be included in the premises where members of the armed forces and armed security forces are housed in bulk.
Opposition procedure
(1) Any citizen may point out, orally or in writing, errors and irregularities in the electoral list and propose corrections or additions. The Municipal Office shall, within 3 days, either make an appropriate correction or supplement in the electoral list or inform the citizen in writing of the reasons why the correction cannot be made.
(2) If the municipal office does not comply with the application, the citizen may submit a proposal (8) to the competent court for a decision to rectify or supplement the list. According to the decision of the court, the municipal council and on the election day, the district electoral commission will make corrections or additions to the electoral list. Proceedings before a court shall not be subject to a judicial fee. There is no appeal against the court's decision.
Election card
(1) Voters who will not be able to vote in the constituency in whose electoral list they are registered shall issue an electoral card at their request and be removed from the electoral list.
(2) The Election Card authorises the entry into the list of voters in another constituency for election to the Czech National Council.
OPENING AUTHORITIES
General provisions
(1) Elections to the Czech National Council are managed by the Czech Election Commission.
(2) He runs the election of the Regional Election Commission in the electoral regions.
(3) In the counties, the Regional Electoral Commission heads the elections. Regional Electoral Commission is also established in the capital of Prague; the definition of their territory is laid down in Annex 1 to this Law.
(4) The constituency committees are set up in the constituencies.
(5) Any citizen of the Czech and Slovak Federal Republic, who has the right to vote, who is not prevented from exercising his right to vote, may be a member of the Election Commission. A candidate for Czech National Council Members cannot be a member of the Election Commission.
(6) If elections to the Czech National Council are held at the same time as the elections to the Federal Assembly, the Regional Electoral Commission and the Regional Electoral Commission may be common to the elections to the two legislative bodies.
(7) Electoral commissions consist of equal number of political party representatives, 9) political movements (9) and their coalition (10) (hereinafter referred to as "political parties"), which provide a separate candidate list. The names and surnames of representatives and alternates shall be communicated by the political parties to the person calling the first meeting of the Election Commission. The declaration of invalidity or withdrawal of a candidate's instrument shall result in the termination of the membership of representatives of that political party in the relevant electoral commission. In the event of illness, occupation or termination of office of a member of the Election Commission, its chairman shall call his alternate in accordance with the order of the political party.
(8) The members of the Election Commission shall take up their duties by making a promise to the following text: "I promise on my honour that I will faithfully and impartially perform my duties and follow the laws and other laws." The promise shall be made by a member of the Election Commission by signing the letter of promise.
(9) The Election Commission shall act by an absolute majority of the members. In the event of a tie, the proposal shall be deemed rejected.
(10) At its first meeting, the Election Commission shall elect a chairman and a Vice-Chair from among its members. The President and Vice-President of the Election Commission may not be representatives of the same political party. The eldest member of the Election Commission shall direct the draw.
(11) The minutes of the Czech Electoral Commission are appointed and withdrawn by the Government of the Czech Republic. The registrar of the Regional Election Commission is appointed and removed by the Minister of Interior of the Czech Republic (hereinafter referred to as the Minister of Interior). The Regional Electoral Commission shall appoint and dismiss the registrar of the District Office. The registrar of the district electoral committees in the capital of Prague is appointed and recalled by the mayor of the capital of Prague. The registrations of the District Electoral Commission shall be appointed and withdrawn by the Mayor of the Municipality, the City, the City District or the City District (hereinafter the Mayor). Receptors must be designated in sufficient time to be able to carry out the tasks provided for in Paragraph 18; in the deliberations of the Election Committees, the rector shall have the right of an advisory vote. The clerk shall make a promise in the version referred to in paragraph 8.
(12) The Czech Electoral Commission, the Regional Electoral Commission and the Regional Electoral Commission create expert services (summarization) consisting of staff assigned for this purpose by the competent authority of state statistics in order to calculate the results of the elections. These staff shall take the oath referred to in paragraph 8.
Czech Election Commission
(1) At the latest 60 days before the election date, each political party who submits a candidate list in at least one electoral region shall delegate to the Czech Electoral Commission two members and two alternates.
(2) The first meeting of the Czech Electoral Commission shall be convened by the Prime Minister of the Czech Republic within 3 days after the deadline referred to in paragraph 1.
(3) In particular, the Czech Electoral Commission:
(a) oversees compliance with election legislation;
(b) decide on complaints relating to the procedure of the Regional Electoral Commission and on appeals against their decisions;
(c) identify and publish the results of the elections;
d) Submit a record of the outcome of the elections to the Bureau of the Czech National Council,
(e) issue election certificates to the elected candidates;
(f) carry out other tasks under this law and other legislation.
Regional Election Commission
(1) The Regional Election Commission shall be delegated to each political party which submits a candidate list in the region, two members and two alternates no later than 60 days before the election date.
(2) The first meeting of the Regional Electoral Commission shall be convened by the Minister for the Interior within 3 days of the expiry of the deadline referred to in paragraph 1.
(3) Regional Election Commission:
(a) oversees compliance with election legislation;
(b) decide on complaints to the District Electoral Commission and on appeals against their decisions;
(c) to discuss and register candidate lists in the electoral region;
(d) to examine the results of the election in the electoral region,
(e) forward the electoral files to the Ministry of the Interior for safekeeping;
f) carry out other tasks under this law and other legislation or tasks entrusted to it by the Czech Election Commission.
Regional Electoral Commission
(1) The Regional Election Commission shall be delegated to the Regional Election Commission no later than 30 days before the election date by any political party whose candidate list has been registered in the electoral district, one member and one alternate. The first meeting of the District Electoral Commission shall be convened by the Head of the District Office; in the capital of Prague Mayor of the capital of Prague.
(2) Regional Electoral Commission:
(a) oversees compliance with election legislation;
(b) decide on complaints relating to the procedure of the Regional Electoral Commission and on appeals against their decisions.
(c) oversee the processing of voting results for the electoral districts;
(d) If doubts arise, it shall have the right to request explanations and other information from the District Electoral Commission. It will correct the obvious errors in agreement with the District Electoral Commission itself, otherwise it will ask the District Electoral Commission to meet again and to remedy the deficiencies identified,
(e) forward the processed results to the Regional Election Commission for electoral districts within its jurisdiction.
Regional Electoral Commission
(1) Any political party whose candidate list has been registered in the electoral district of which the electoral district is part shall have the right to delegate at the latest 30 days before the election date to the District Electoral Commission. If the lowest assigned number of members of the District Electoral Commission is not thus achieved, it shall appoint members and alternate members for vacant posts of the Municipal Council.
(2) The municipal council, taking into account local conditions, shall determine the lowest number of members of the District Electoral Commission, so that the number of members thereof is at least three.
(3) The first meeting of the District Electoral Commission shall be convened by the Mayor of the municipality concerned within 3 days of the expiry of the deadline referred to in paragraph 1.
(4) If the elections to the Czech National Council are held at the same time as the elections to the Federal Assembly, only one Regional Electoral Commission is set up for the electoral district.
(5) Regional Electoral Commission:
(a) ensure the conduct of the vote, in particular overseeing the correct surrender of ballots and ensuring the order of the ballot box;
(b) add the votes and write a record of the course and outcome of the vote, which shall be submitted without delay to the relevant Regional Electoral Commission;
(c) forward the other electoral files to the local authority.
INVESTIGATION OF CANDIDATE LISTS
Candidate documents
(1) The candidates for elections to the Czech National Council may be submitted by political parties. Candidate documents shall be filed no later than 60 days before the date of the elections in a double-digit format by the registrar of the Regional Electoral Commission. The political party shall add:
(a) a declaration that it has at least 10,000 individual members; or
(b) in the event that it does not fulfil the condition set out in point (a), a petition requiring such political party to run, signed by so many other eligible voters, as the political party does not receive on the number of individual members. To sign the petition, the voter shall indicate his name, surname, birth number and residence upon presentation of the identity card. The signature under the petition cannot be withdrawn.
The Regional Electoral Commission may check the truthfulness of the data on the number of members or data in the petition.
(2) If a political party submits a candidate list in more than one electoral region, it will submit a petition to only one Regional Election Commission and will refer it to the other Regional Election Committees.
(3) Compliance with paragraph 1 (a) or (b) does not apply to political parties which have been represented in the Czech National Council by a parliamentary club 60 days before the date of the announcement of the elections or which have received at least 10 000 valid votes in the last elections to the Czech National Council.
(4) The schedule contains:
(a) the name of the political party;
(b) the name, surname, age, employment and residence of the candidates and their ranking on the candidate list, expressed in Arabic numerals.
(5) In addition to the information referred to in paragraph 4 (a), a political party may, on the list of candidates, be allowed. (b) also indicate their affiliation with a particular political party or that the candidate is not a member of any political party or that he is an independent candidate.
(6) In an annex to the list of candidates, a political party shall designate its agent and its two alternates and indicate their names, surnames and addresses. Neither the deputy nor his replacement can be a candidate. The political party is bound by the actions of its agent in electoral matters. The political party shall notify the Regional Election Commission of the appointment of the alternate as Agent.
(7) The Registrar shall establish whether the documents submitted and the annexes to them comply with the requirements laid down therein. If this is not the case, it shall draw the attention of the political party's agents. The minutes shall be signed by the political party agents.
(8) The highest number of candidates that a political party may list in the electoral district is set out in Annex 2 to this Act.
(9) A written declaration by the candidate that he or she agrees to his or her candidacy must be annexed to the list of candidates and that he or she is not aware of the obstacles to his or her selectivity.
(10) Political parties may agree to submit a joint candidate list. The provisions of this Act relating to a political party shall apply mutatis mutandis to the coalition thus established, unless otherwise provided for in that law (§ 42). Compliance with the conditions referred to in points (a), (b) and (2) of paragraph 1 shall be ascertained for all such political parties in the event of the submission of a common candidate list by a single political party.
Consultation of the Regional Election Commission's candidate lists
(1) The Regional Election Commission will review the submitted candidate lists within 55 days before the election date.
(2) The Regional Election Commission shall tick:
(a) a candidate not accompanied by a candidate's declaration pursuant to Paragraph 18 (9);
(b) a candidate where it is on the candidate lists of several political parties on the candidate list to which the declaration referred to in Article 18 (7) is not attached. If the candidate has signed a declaration on several candidate lists, he shall tick it on all candidate lists,
(c) those candidates who are candidates in excess of the maximum number laid down in Paragraph 18 (8).
(3) The Regional Electoral Commission will reject the candidate list if it does not fulfil the conditions laid down in Paragraph 18, the political party has not remedied the deficiencies within 24 hours of notification by the Regional Electoral Commission and the deficiencies cannot be remedied in the manner set out in paragraph 2. A political party may appeal to the Czech Election Commission against such a decision within 24 hours of its receipt.
(4) After the examination of the candidacy, the President of the Regional Electoral Commission shall immediately send one copy of the candidate list with a statement of the candidates' consent to the candidacy and a note of the outcome of the discussion of the candidate list to the Czech Electoral Commission. It shall also report on the outcome of the negotiations to all political parties who have submitted a candidate list in the electoral district.
Discussing the candidate lists by the Czech Election Commission
(1) The Czech Election Commission will discuss the candidate lists within 50 days before the election date. First, it will review the resolution of the Regional Electoral Commission and remove the identified defects in the candidate lists.
(2) If one of the candidates is on several candidate lists, it will be crossed out by the Czech Election Commission on all candidate lists.
(3) If the candidate lists lodged by the same political party are, by way of derogation, marked in different electoral regions, the President shall invite its representative to announce a uniform designation for all electoral regions by the end of the meeting of the Czech Electoral Commission at the latest. If they do not, they will decide on the designation of the Czech Election Commission.
(4) The Czech Election Commission will reject the candidate lists if this Charter does not fulfil the conditions laid down in Paragraph 18, the political party has not remedied the deficiencies within 24 hours of the Commission's notice and the deficiencies cannot be remedied in the manner set out in paragraph 2.
(5) Furthermore, the Czech Election Commission will draw a lottery ticket to identify the candidate lists of each political party that has submitted the candidate list for the elections to the Czech National Council.
(6) If the elections to the Czech National Council are held at the same time as the elections to the Federal Assembly, the numbers specified by the Central Election Commission and the elections to the Czech National Council are valid for the designation of the candidate lists of political parties. In this case representatives of the Czech Election Commission will participate in the draw.
(7) The President of the Czech Electoral Commission will immediately send a record of the outcome of the negotiations to the Regional Electoral Committees and candidate political parties. The result of the draw will be announced in such a way that it will become a general acquaintance.
Registration of candidate documents
(1) On receipt of the minutes of the outcome of the election process, the Regional Election Commission shall register the candidate list no later than 45 days before the election date as valid and shall notify the political parties in writing. Registration is a condition for the reproduction of candidate lists.
(2) If, after the registration referred to in paragraph 1, the Regional Election Commission or the Czech Election Commission finds that the political party which has filed the nominee's instrument has been cancelled (11) or suspended, 12) the registration shall be revoked and the political party's agents notified in writing (§ 18 (6)).
(3) The list of candidates whose registration has been revoked pursuant to paragraph 2 shall no longer be taken into account.
Surrender and revocation of the nomination
(1) The candidate may renounce his candidacy in writing within 48 hours of the beginning of the elections. Until the same time, the political party's agent may withdraw his candidacy in the same manner. The declaration of surrender or withdrawal of the nomination shall not be withdrawn and shall be delivered in duplicate to the President or the stenographer of the Regional Election Commission; The President of the Regional Electoral Commission shall immediately send a copy to the President of the Czech Electoral Commission and ensure that it is published in an appropriate manner.
(2) If such a declaration has been made after registration, the candidate's data remain on the list, but shall not be taken into account in the allocation of mandates.
If the political party dissolves at the time after registration by the Regional Electoral Commission, such political party shall not be taken into account in the distribution of the mandate.
Voting lists
(1) The President of the Regional Election Commission will ensure, through the Ministry of the Interior of the Czech Republic (hereinafter referred to as the "Ministry of the Interior"), a copy of the ballots on which the drawn number of the list of candidates (Section 20 (5)), the name of the political party and details of all candidates and their ranking must be provided. The data on the ballots shall be identical to those on the candidate lists.
(2) The ballots must be printed in characters of the same type and size on paper of the same colour and quality and of the same size. The ballots shall bear the stamp of the Regional Election Commission.
(3) The President of the Regional Election Commission shall send the votes thus multiplied to the mayors of the municipalities, who shall ensure that the ballots are delivered to all voters no later than 3 days before the election date, as well as to all district councils on election day.
_
Election Day
(1) Elections to the Czech National Council are held on the same day throughout the Czech Republic. The Bureau of the Czech National Council may provide for elections to be held in two days.
(2) The Bureau of the Czech National Council announces elections to the Czech National Council and sets an election date no later than 90 days before the election. The Czech National Council Bureau's resolution is published in the Collection of Laws.
(3) The elections are held on a specified day from 7 a.m. to 18 p.m. If local needs so require, the municipal council may set the start of the elections for an earlier hour.
(4) Where elections take place in two days, the beginning of the elections shall be fixed at fourteenth hour and the end of the elections at twenty-second hour of the first day. The next day, the election starts at seven o'clock and ends at fourteen o'clock. If local circumstances so require, the municipal council may determine the beginning of the elections for an earlier hour, but first at the 12th hour of the first day and the fifth hour of the second day; the time limits set out in Sections 21 and 27 shall also be calculated from the 14th hour of the first day of the elections.
Informing voters
The municipal office shall declare the usual time and place of election in the municipality no later than 15 days before the election date. Where several constituencies have been established in the municipality, the municipal authority shall indicate which parts of the municipality or departments (§ 8 (1)) or the establishment (§ 7 (5)) belong to each constituency. In the municipal decree, the electorate will stress the electorate's obligation to carry an identity card and will provide the necessary additional information necessary for the uninterrupted conduct of the elections.
Preparations in the Election Room
(1) The President of the District Electoral Commission shall check and seal the ballot box and, where appropriate, the portable ballot box before the election starts. It will also check voting room equipment to see if there is a list of voters and a sufficient number of ballots.
(2) If elections take place in two days, the President of the District Electoral Commission will ensure that, after the first day of the elections, the ballot box or the portable ballot box is sealed in such a way as to prevent the insertion of ballots and deposit it safely together with other electoral documents.
Voting ballot boxes
Special spaces shall be designated in the ballot rooms in order to ensure the secrecy of the vote. The number of these spaces will be determined by the mayor, taking into account the number of voters in the constituency. Except in the cases referred to in Paragraph 29 (5), no person may be present in the premises at the same time as the voter, not even a member of the District Electoral Commission.
_
(1) For the purposes of this Act, the campaign period shall mean a period beginning 23 days and ending 48 hours before the election begins.
(2) At the time of the election campaign, each self-running political party shall have equal access to state public information and other services of the State and of the regional government. Within the broadcasting circuits of the Czech Radio and Czech Television, a total of 21 hours of broadcasting time are reserved for the election campaign, which will be divided equally between the candidate political parties so that no political party is significantly disadvantaged by the determination of the broadcasting time; the dates of the broadcast times shall be divided by a draw. Political parties have responsibility for the content of these programmes. Election agitation in radio and television broadcasting to licence holders is not allowed.
(3) At the time of the election campaign, it shall be prohibited to broadcast electoral speeches and electoral programmes other than those reserved for candidate political parties under paragraph 2 and to publish on the air any external speeches promoting candidate political parties. It is also prohibited to broadcast election agitations at times reserved for advertising in radio and television broadcasting or to use radio and television advertising for election agitation.
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
ČÁST DRUHÁ
§ 4
§ 5
§ 6
§ 7
ČÁST TŘETÍ
§ 8
§ 9
§ 10
§ 11
§ 12
ČÁST ČTVRTÁ
§ 13
§ 14
§ 15
§ 16
§ 17
ČÁST PÁTÁ
ODDÍL 1
§ 18
§ 19
§ 20
§ 20a
§ 21
§ 21a
§ 22
ODDÍL 2
§ 23
§ 24
§ 25
§ 26
ODDÍL 3
§ 27
ČÁST ŠESTÁ
§ 28
§ 29
§ 30
§ 31
§ 32
ČÁST SEDMÁ
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
ČÁST OSMÁ
§ 50
§ 51
§ 52
§ 53
§ 54
ČÁST DEVÁTÁ
§ 55
§ 55a
§ 56
§ 57
§ 58
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Regulation Information
| Citation | Act of the Czech National Council No. 54 / 1990 Coll., on Elections to the Czech National Council |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.03.1990 |
|---|---|
| Effective from | 06.03.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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