Act No. 59 / 1992 Coll.
Act amending and supplementing Act No. 47 / 1990 Coll., on elections to the Federal Assembly, as amended by the legal measure of the Bureau of the Federal Assembly of the Czech and Slovak Federal Republic No. 208 / 1990 Coll.
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Effective from 28.02.1992
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59
THE LAW
of 29 January 1992
amending and supplementing Act No. 47 / 1990 Coll., on elections to the Federal Assembly, as amended by the legal measure of the Bureau of the Federal Assembly of the Czech and Slovak Federal Republic No. 208 / 1990 Coll.
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Act No. 47 / 1990 Coll., on elections to the Federal Assembly, as amended by the legal measure of the Bureau of the Federal Assembly of the Czech and Slovak Federal Republic No. 208 / 1990 Coll., is amended as follows:
1. Reference 1 to Paragraph 2 (2) reads as follows:
"1) Sections 10 and 855 of Civil Code No. 40 / 1964 Coll., as amended."
2. Paragraph 2 (3), including the reference, shall read as follows:
"(3) An obstacle to the exercise of electoral law is the statutory restriction of personal freedom
(a) protection of the health of the people, 2)
(b) the execution of a prison sentence. "
Reference 2:
"2) § 5 (2) (b), § 9 (2) (a) and § 24 of Act No. 20 / 1966 Coll., on the care of the health of the people, as amended."
3.
Election regions
Elections are held according to the electoral regions, which are grouped for the purpose of determining the election results separately for the Czech Republic and especially for the Slovak Republic. The territory of the electoral regions is laid down in Annex 1 to this Act. '.
4.
"(2) Electoral districts and polling rooms for each district shall be determined in the Czech Republic by the municipal council or body acting as municipal council, 3) in the Slovak Republic by the Mayor of the Municipality (Mayor of the City) or the Mayor of the Municipality 4) (hereinafter referred to as" the competent authority of the municipality ") no later than 30 days before the date of the election."
References 3 and 4 shall read as follows:
"3) § 3 (1) and (2) and § 44 (1) and (2) of the ČNR Act No. 367 / 1990 Coll., on municipalities (municipal establishment). § 22 of the ČNR Act No. 418 / 1990 Coll., on the Capital City of Prague.
4) Articles 13 (1) and 24 (2) of the SNR Act No. 369 / 1990 Coll., on the Municipal Establishment. Article 17 (1) of Act SNR No. 377 / 1990 Coll., on the capital of the Slovak Republic Bratislava. Paragraph 15 (1) of Act SNR No. 401 / 1990 Coll., on the City of Košice. '
5.
"(5) In the cells of police collateral (5) 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 shall be ensured, in cooperation with the Chief of the relevant establishment, by the District Electoral 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 police department shall proceed in such a way as to enable the person presented to exercise his right to vote. ';
Reference 5:
"5) Act No. 333 / 1991 Coll., on the Federal Police Force and the Castle Police Corps. Act No. 283 / 1991 Coll., on Police of the Czech Republic. Act SNR No. 204 / 1991 Coll., on the Association of the Slovak Republic. '.
Reference 6 to date is deleted.
6. Reference No 7 to Paragraph 8 (1) shall be renumbered as reference No 6.
7. In Paragraph 8 (1), the third sentence is replaced by the following: "The head of the department in cooperation with the municipal or municipal authority which acts as municipal office (hereinafter referred to as the" municipal office ") of the municipality of secondment shall immediately confirm this to the municipal authority responsible for the place of permanent residence of those members. '
8. In Article 9 (1) and (2), the words "local national committee 'are replaced by the words" municipal office'.
9. In Paragraph 10 (1), the words "local national committee 'are replaced by the words" municipal office'.
Article 10 (2) reads as follows:
"(2) In municipalities with more than 5000 people on the electoral list, the municipal authority shall arrange for the list of voters who live in the house to be included in each house. '
11. in Article 11 (1), the words "local national committee" shall be replaced by the words "municipal office" and the words "or addition" shall be inserted after the word "correction."
12. In Paragraph 11 (2), the first and second sentences shall be replaced by the following sentence: "If the municipal office does not comply with the proposal, the citizen may submit a proposal (8) to the competent district (district) court for a decision to rectify or supplement the list."
In the third sentence, the words "local national committee 'are replaced by the words" municipal authority' and the words "or additions' are inserted after the words" correction '.
13. in Paragraph 12 (1), the words "local national committee" are replaced by the words "municipal office";
14. Paragraph 13 (1) reads as follows:
"(1) The elections to the Federal Assembly shall be managed by the Central Election Commission."
15. In Paragraph 13, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) He runs the election of the Regional Election Commission in the electoral regions. The seats of the Regional Electoral Commission are set out in Annex 1 to this Act.
(3) In the counties, the Regional Electoral Commission heads the elections. In the territory of the capital of Prague and the capital of the Slovak Republic Bratislava, the election of the Regional Election Commission is governed by Annex 2 to this Act. '
Paragraphs 2 to 9 shall be renumbered paragraphs 4 to 11.
16. Reference No 9 to Paragraph 13 of the newly marked paragraph 6 reads:
"9) Act No. 424 / 1991 Coll., on association in political parties and political movements, as amended by Act No. 468 / 1991 Coll. '.
Reference 10:
"10) § 18 (10) of this Act."
17. In § 13, renumbered in paragraph 7, the last sentence reads: "The promise shall be made by a member of the Election Commission by signing it under the written text of the promise. '
18. Paragraph 13 of the newly marked paragraph 9 reads:
"(9) 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 oldest member of the Election Commission shall direct the draw. ';
19. Paragraph 13 of the newly marked paragraph 10 reads:
"(10) The minutes of the Central Election Commission are appointed and withdrawn by the Government of the Czech and Slovak Federal Republic. The Regional Election Commission shall be appointed and dismissed by the Minister for the Interior of the Republic concerned. 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 Registrar shall make a promise in the version referred to in paragraph 7. ';
20. In Paragraph 13, renumbered paragraph 11, the words "theirs' are deleted and the words" paragraph 5 'are replaced by the words "paragraph 7'.
21. in Article 15 (2), the words "Chairman of the relevant Regional National Committee" shall be replaced by the words "Minister of the Interior of the Republic concerned";
22. in Article 15 (3) (b), the word "district" is replaced by "district."
23. in Article 15 (3) (e), the words "the Regional National Committee" shall be replaced by "the Ministry of the Interior of the Republic concerned."
24. The last sentence of Paragraph 16 (1) reads: "The first meeting of the District Electoral Commission will be convened by the head of the District Office, in the capital of Prague, the mayor of the capital of Prague."
25. the following shall be added to Article 16 (2):
'(a) oversees compliance with the electoral legislation;
(b) decide on complaints relating to the procedure of the Regional Electoral Commission and on appeals against their decisions; ';
The existing provisions under (a) to (c) shall be renumbered as under (c) to (e).
In the newly identified provision (e), the words "within the district 'are replaced by the words" within their jurisdiction'.
Article 26 (17) (1) reads as follows:
"(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 least 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 so achieved, the competent authority of the municipality shall appoint members and alternates for vacant posts. ';
27. Article 17 (2) reads as follows:
"(2) The competent authority of the municipality shall determine the lowest number of members of the District Electoral Commission, taking into account local conditions. ';
28. In Paragraph 17 (3), the words "Chairman of the local competent national committee 'are replaced by the words" Mayor of the municipality concerned'.
29. in Paragraph 17 (5) (c), the words "to the local national committee" shall be replaced by the words "to the municipal office."
30. Paragraph 18, including the title, reads:
Candidate documents
(1) Candidate lists for elections to the People's House and candidate lists for elections to the House of Nations may be submitted by political parties. Candidate lists shall be submitted no later than 60 days before the date of the elections in duplicate to the registrar of the Regional Election 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 requesting that the political party run, signed by so many other authorised voters, as far 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 Federal Assembly 60 days before the date of the announcement of the elections, or which have received at least 10 000 valid votes within the Czech Republic or the Slovak Republic in the last elections to the People's House.
(4) The schedule contains:
(a) the name of the political party;
(b) the name, surname, age, profession 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 meeting may be held on the candidate list. (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 in the electoral district may put on the candidate list for elections to the People's House and to the House of Nations are set out in Annex 3 to this Act.
(9) A written declaration by the candidate to agree to his or her candidacy shall be annexed to the list of candidates and shall not give his or her consent to be included on any other candidate list and shall not be aware of any 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 as if a single political party had submitted a candidate. ';
31. in § 19 (2) (a) and (b), "§ 18 (7)" is replaced by "§ 18 (9)."
32. in Paragraph 19 (2) (c), "Paragraph 18 (6)" is replaced by "Paragraph 18 (8)."
33. In Article 19, the following paragraph 3 is inserted after paragraph 2:
"(3) The Regional Election Commission shall 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 Election Commission and the deficiencies cannot be remedied in the manner set out in paragraph 2. Such a decision may be challenged by a political party within 24 hours of its receipt by the Central Electoral Commission. '
Paragraph 3 shall become paragraph 4; paragraph 4 shall be deleted.
34. In Paragraph 20, the following paragraph 4 is inserted after paragraph 3:
"(4) The Central Election Commission shall reject the list of candidates if it 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. ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
35. After Paragraph 20, the following Section 20a is inserted:
Registration of candidate documents
(1) Upon receipt of the minutes of the outcome of the election process, the Regional Election Commission shall register the candidate list as valid no later than 45 days before the election date 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 Electoral Commission or the Central Electoral Commission finds that a political party which has submitted a candidate list has been revoked (11) or its activities suspended (12), the registration shall be cancelled and notified in writing to the political party's agents (§ 18 (6)).
(3) The list of candidates whose registration has been revoked pursuant to paragraph 2 shall be disregarded. ';
36. After Paragraph 21, the following Section 21a is inserted:
Dissolution of a political party after registration of a candidate list
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 mandates. '
37.
Voting lists
(1) The President of the Regional Electoral Commission shall ensure, through the Ministry of the Interior of the Republic concerned, a copy of the ballots on which the drawn number of the candidate's list must be provided (Section 20 (5)), the name of the political party and the details of all candidates and their ranking; the data on the ballots must be identical to those on the candidate lists.
(2) Voting lists for election to the same Chamber of the Federal Assembly must be printed in characters of the same type and size, on paper of the same colour and quality and of the same dimensions. 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 Election Commissions on election day. '
38. in Article 23 (3) and (4), the words "the Board of the Local National Committee" shall be replaced by the words "the competent authority of the municipality."
39. in Paragraph 24 (1), the words "local national committee" shall be replaced by the words "municipal office";
40. Paragraph 24 (2) is deleted; at the same time the numbering of the paragraphs is deleted.
41. In Article 26, the words "the Board of the Local National Committee 'are replaced by the words" the Mayor of the Municipality'.
42. In Paragraph 27 (1), "40 days' is replaced by" 23 days';
43. Paragraph 27 (2) reads as follows:
"(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 federal radio and television broadcasting circuits, a total of 21 hours of broadcasting time is 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 of licence holders is not allowed. '
44. In paragraph 27, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) At the time of the election campaign, electoral speeches and electoral programmes, other than those reserved for candidate political parties under paragraph 2, shall be prohibited and any external speeches promoted by candidate political parties shall be published. It is also prohibited to broadcast election agitation at times reserved for advertising in radio and television broadcasting or to use radio and television advertising for election agitation.
(4) It shall not be permitted to use local radio for election agitation of political parties, except for the mere announcement of the holding of electoral assemblies. ';
45. Paragraph 3 shall become paragraph 5 and the words "local national committee 'shall be replaced by the words" competent authority of the municipality'.
46. the following paragraph 6 is inserted after the newly marked paragraph 5:
"(6) Disputes and complaints concerning the conduct of the electoral campaign in the state media are addressed by the Central Electoral Commission; its decisions shall be binding. ';
Paragraphs 4 to 6 shall be renumbered paragraphs 7 to 9.
47. The first sentence of Paragraph 27 of the newly marked paragraph 7 reads: "Electoral agitation for political parties is prohibited at 48 hours before the start of the elections and on the day of the elections and the publication of data which could harm the political party or candidate is prohibited by the word, the letter, the sound and the image in public information, the buildings where the district election committees are based and in their immediate vicinity."
48. Paragraph 29 (2) reads as follows:
"(2) The voter will show his identity after arriving in the polling room and will receive an empty envelope of an official stamp from the District Electoral Commission, in both copies of the electoral list. These envelopes shall be opaque, of the same size, quality and colour. At the request of the electorate, the District Election Commission shall supply him with other ballots for missing, crossed out or otherwise marked. If the voter does not present a civil (military, personal) card and none of the members of the District Electoral Commission know him, the commission shall ask him to prove his identity by testifying to two of the well-known commission; if the voter does not do so by the end of the vote, the vote shall not be allowed. ';
49. in Paragraph 29 (4), the last sentence shall be deleted.
50. The first sentence of Paragraph 34 (1) reads: "After the vote has been closed, the President of the District Electoral Commission shall seal the remaining unused ballots and envelopes and then open the ballot box."
51. in the first sentence of Paragraph 35 (1), the words "candidate lists" shall be deleted.
52. In the second sentence of Article 35 (2), the words "candidate lists of different political parties' shall be replaced by the words" voting lists for the benefit of different political parties' and, at the end of the paragraph, the period shall be replaced by a semicolon and the following words shall be added: "However, if the same number of priority votes have been submitted on multiple ballots but not for the same candidates, priority votes shall not be taken into account. '
53. The last sentence of Paragraph 36 (1) reads: "If one of the members of the District Electoral Commission has not signed the minutes, the reasons shall be given."
54. In Paragraph 37, the following paragraph 2 is inserted after paragraph 1:
"(2) If the chairman of the District Electoral Commission fails to fulfil the obligations referred to in paragraph 1 within 24 hours of the end of the vote, the District Electoral Commission may process the results of the votes in the other districts and transmit them to the Regional Electoral Commission. ';
Paragraph 2 shall become paragraph 3.
55. In Paragraph 37, renumbered paragraph 3, the words "to the local national committee 'are replaced by the words" to the municipal office'.
56. In Paragraph 38, the dot at the end is replaced by a comma and the following words are added: "as well as persons authorised by the Central Electoral Commission."
57. In Paragraph 39 (2), the dot at the end is replaced by a comma and the following words are added: "as well as persons authorised by the Central Electoral Commission."
58. the last sentence of Paragraph 40 (1) reads: "If one of the members of the Regional Electoral Commission has not signed the minutes, the reasons shall be given."
59.In Paragraph 40 (3), the words "to the competent national committee" shall be replaced by the words "to the Ministry of the Interior of the Republic concerned."
60. Paragraph 42, including the title, reads:
Progress of political parties to the first skrutinia
(1) The Central Election Commission will find out how many valid votes have been cast for each political party, political movement and coalition in the Czech Republic and the Slovak Republic, especially for the election to each House.
(2) The Central Electoral Commission will further discover:
(a) which less than five percent of political parties or political movements have obtained
(b) which the coalition of two or three political parties, or political movements, obtained less than seven percent
(c) which the coalition of at least four political parties, or political movements, has obtained less than ten percent
of the total number of valid votes cast in the Czech Republic or the Slovak Republic. Those political parties, political movements and coalitions and votes cast for them shall no longer be taken into account when further identifying electoral results and allocating mandates.
(3) If a political party or political movement, or a candidate in both the Czech Republic and the Slovak Republic, is submitted, it is sufficient to obtain five percent of the total number of valid votes in one of the Republics. For the coalition referred to in paragraph 2 (b), in this case it is sufficient to obtain seven percent and for the coalition referred to in paragraph 2 (b). (c) 10% of the total number of valid votes in one of the Republics.
(4) If the Central Electoral Commission finds that no political party or political movement has met the requirement under paragraph 2, and no coalition, it shall gradually reduce:
(a) for political parties or, where appropriate, political movements, the limit of five per cent at the four per cent limit and the three per cent limit;
(b) for the coalitions referred to in paragraph 2 (b), (b) the seven percent limit at the six percent and the five percent limit,
(c) in the case of coalitions referred to in paragraph 2, points (a) and (b) are replaced by the following: (c) 10% at the 9% and 8% limit
in such a way that at least two coalitions or one coalition and one political party, or political movement, or two political parties, or political movements may advance to the first skrutinia.
(5) The first Skrutinium divides mandates within the electoral regions. '
61. in Paragraph 43, the following paragraph 3 is inserted after paragraph 2:
"(3) If more than one mandate has been allocated in this way, the remaining mandate shall be subtracted from the political party which has shown the smallest remainder of the division in the electoral district. With the same remainder of the division, the mandate shall be subtracted to a political party which has received a smaller number of votes in the electoral district; If the number of votes in force is the same, the lot shall decide. ';
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
62. In Paragraph 43, renumbered paragraph 4, the words "which have obtained an absolute majority of the votes of the electorate of a political party who has exercised the right of priority vote 'are replaced by the words" which has obtained a number of priority votes of at least 3% of the total number of votes cast for the political party in the electoral region'.
63.In Paragraph 44 (2), the words "No later than the beginning of the second shall be replaced by the words" No later than 12 hours after the end of the first. "
64. In Paragraph 45 (1), the following sentence is added at the end: "If one of the members of the Central Electoral Commission has not signed the minutes, the reasons shall be given. '
65. In Paragraph 48, the present text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
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Regulation Information
| Citation | Act No. 59 / 1992 Coll., on elections to the Federal Assembly, as amended by the legal measure of the Bureau of the Federal Assembly of the Czech and Slovak Federal Republic No. 208 / 1990 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.02.1992 |
|---|---|
| Effective from | 28.02.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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