Decree of the Ministry of Interior No. 59 / 2002 Coll.
Decree of the Ministry of the Interior on the implementation of certain provisions of Act No. 491 / 2001 Coll., on elections to municipal councils and on the amendment of certain laws
Valid
Order
Effective from 13.02.2002
59
DECLARATION
Ministry of Interior
of 5 February 2002
on the implementation of certain provisions of Act No. 491 / 2001 Coll., on Elections to Municipality Councils and on the amendment of certain laws
According to § 74 (b) and (c) of Act No. 491 / 2001 Coll., on the elections to the municipal councils and on the amendment of certain other laws (hereinafter referred to as "the Act"), the Ministry of Labour and Social Affairs and the Ministry of Finance provide for the agreement of § 74 (a) of the Act and the agreement of the Czech Statistical Office pursuant to § 74 (d) of the Act:
The amount of the special remuneration for the performance of the duties of a member of the District Electoral Commission, the manner in which it is to be paid and paid
(1) The President of the District Electoral Commission is responsible for the performance of the duties of special remuneration (1) (hereinafter referred to as "remuneration") in the amount of CZK 2,200, the Vice-President and the minutes of the District Electoral Commission of CZK 2,100 and the other members of the District Electoral Commission of CZK 1,800. For the performance of his duties in the District Electoral Commission in a territorial division of the statutory city and in the capital of Prague, the reward according to the first sentence is increased by 400 CZK. If the vote is repeated, the reward will increase by another 400 CZK.
(2) If elections are held for municipal councils in the run-up to other elections2), the remuneration of a member of the District Electoral Commission pursuant to paragraph 1 is increased by 400 CZK for each subsequent election. If the second round is held in the elections, the remuneration for the next round of elections to the Senate of the Parliament of the Czech Republic or the election of the President of the Republic under another legislature24 will be increased.
(3) In addition to the remuneration referred to in paragraphs 1 and 2, a member of the District Electoral Commission who is neither in employment nor in employment, shall be entitled to compensation for lost earnings for the duration of the term of office of a Member of the District Electoral Commission of CZK 43 per hour, but not more than CZK 340 per day.
(4) The remuneration referred to in paragraphs 1 and 2 and the flat-rate compensation for the loss of earnings referred to in paragraph 3 shall be paid within 30 days of the end of the term of office of the District Electoral Commission (3) by the Municipal Office, the Municipal Office, the Municipality of a Territorial Undivided City with a Special Status, the City Office of the City of Prague (the "Municipal Office '). In the event that a member of the District Electoral Commission does not participate in all the negotiations, the Municipal Office shall reduce the total amount of remuneration fixed in accordance with paragraphs 1 and 2 in proportion to the record of his participation in the deliberations of the District Electoral Commission.
PROCEDURE OF THE GENERAL AUTHORITIES IN THE EQUIPMENT OF THE VOICE QUARTERS
(1) Electoral districts (4) are created in such a way as to preserve natural territorial units and ensure the availability of electoral rooms for voters. 5)
(2) The electoral district for the remote parts of the municipality, city, city with special status, urban area or urban district (hereinafter referred to as "municipality") may be created if it has at least 10 voters.
(3) Each electoral district in the municipality is marked with a serial number. Numbering shall be carried out in one numerical series by Arabic numerals starting with number 1, unless otherwise provided for in this Decree. If only 1 electoral district is created, number 1 shall be marked.
(4) In the capital of Prague and in the territorial subdivided statutory cities, the electoral districts are numbered in individual urban areas or urban districts. The constituency number shall be composed of the city or city district identification number and the respective constituency serial number. The town or district identification numbers shall be assigned by the registry administrator of the territorial identification, addresses and real estate to form a whole number series in such a city; the serial numbers of the constituencies shall consist of a separate uninterrupted number series from the number 1 in each urban area or district.
PROCEDURE OF THE GENERAL AUTHORITIES IN THE ESTABLISHMENT AND MANAGEMENT OF THE STANDING LIST OF ELECTRICITY AND SUPPORT OF THE STATE LIST OF ELECTRICITY
(1) A permanent list of elections6) (hereinafter referred to as "the list") and an addendum to the permanent list of voters (hereinafter referred to as "the list supplement") shall be kept in a book, a filing system or computer technology broken down by constituency.
(2) If there are at least 5 constituencies in the municipality, an alphabetically sorted list by last name of voters (hereinafter referred to as "index ') shall be added to the list and addendum to the list, indicating the name and number of the constituency.
(3) The list shall record the name, surname, date of birth, place of permanent residence and the number of the constituency in which it is entitled to vote for each registered voter who is a national of the Czech Republic; in the addition to the list, the name, surname, date of birth, nationality, place where he is registered and the number of the constituency in which he has the right to vote shall be recorded for each voter registered by another State. The list and the addendum to the list shall also include obstacles to the exercise of voting rights for each voter. 7)
(4) In the event of a change in electoral districts, the municipal authority shall immediately amend the list, the addendum to the list and the index.
(5) Modifications to the list and to the addendum to the list shall be made on an official basis or at the request of the voter.
(6) Following the closure of the list and addents9), the municipal authority is no longer able to make amendments. If, after the closure of the list and the addendum to the list, the municipal authority becomes aware of the facts justifying the changes to the minutes, it shall draw up specific information on them for the District Electoral Commission.
List correctness check
The municipal authority shall carry out an annual check of the correctness and completeness of the list and the addendum to the list. The update shall be carried out by the municipal authority using reference data from the population base register, data from the population information system and data from the alien information system.
FORM OF THE COOPERATION OF ELECTRONIC AUTHORITIES IN THE CONTROL OF DATA CORRECT ON CANDIDAMENTAL LISTS, IN THE TRANSFER OF THE BASIS FOR THE ESTABLISHMENT OF REGISTERS AND NUMBERS OF CANDIDATES AND CANDIVIDUAL ELECTRIC PARTIES AND THE LOSING METHOD OF THE ELECTION PARTIES TO THE VOTING LEVEL
(1) The Registration Office shall continuously purchase and transmit to the Czech Statistical Office, for the establishment of a register of candidates, copies of the documents submitted, including the annexes, no later than the first day following the expiry of the deadline for submitting the lists.
(2) The Czech Statistical Office shall draw up a list of candidates of the same name, surname and age, who are candidates for the same representative, and forward it to the registration office no later than the 60th day before the election date.
(3) Following evaluation of errors and following the registration authority's instructions, the Czech Statistical Office updates the candidate register. Similarly, the application shall be made in cases of revocation or renunciation until the date of registration of the candidate documents or refusal of registration of the candidate document by decision of the court. 14)
Loading
(1) After the registration of the candidate lists, the Registration Office shall draw numbers for the ranking of political parties, political movements, coalition political parties and political movements, independent candidates, associations of independent candidates and associations of political parties or political movements and independent candidates (hereinafter referred to as the Election Party) on a ballot for elections to the council of the respective municipality. 15) Election parties whose candidate list has not been registered shall not be included in the draw. As many whole numbers are inserted into the winning pool in an uninterrupted ascending row starting with number 1, as many candidate lists for elections to the council of the respective municipality have been registered.
(2) If electoral districts have been created for election to the council of the municipality, the ranking of the voting parties on the ballot for each constituency shall be drawn separately. Election parties whose candidate list has not been registered for the relevant constituency shall not be included in the draw.
(1) The registration office shall immediately communicate the result of the draw to the Czech Statistical Office, which shall draw up the code list of the candidate electoral parties, according to which they shall be marked with the number and / or name and abbreviation of the name when the election results are processed and provided.
(2) The Czech Statistical Office will enter the winning numbers of the election parties in the candidate register, add the sex data code to the candidate, copy the registry data to the scope of the candidate list and submit it to the registration office.
(3) The Registration Office shall inform the Czech Statistical Office without delay of any surrender or withdrawal of the application in the period from the expiry of the deadline for the registration of the candidate list within 48 hours before the beginning of the elections, by submitting to it a copy of the waiver declaration and the withdrawal of the candidate. The Czech Statistical Office sets a sign in the candidate register for these persons to ensure that they are not taken into account when determining the results of the elections.
SAMPLES OF THE CANDIDATE CHARTER, THE VOTING LEVEL, THE LIST, THE LIST APPENDIX, THE CERTIFICATE OF DECLARATION, THE PRINCIPATIONS FOR THE DETECTION AND PROCESSING OF RESULTS OF VOCATION RESULTS IN VESSELS TO OBJECTIVES AND OTHER ELECTION DOCUMENTS, AND THE METHOD OF DETERMINATION OF THE PRINCIPLE OF VOICE
Models of electoral documents
For elections to the municipal councils, the following models are set out in Annex 1:
1. Permanent list of voters,
2. Appendix to the permanent list of voters,
3. Listing from the permanent list of voters and its supplement,
4. Notice of the time and place of the elections to the town council,
5. Promise of the Rector and Members of the District Election Commission,
6. Candidate list for elections to the council of the municipality with an annex,
7. Voting card for elections to the town council,
8. Minutes of the election result for the town council,
9. Record of inspection carried out by the entrusted municipal authority,
10. Record of inspection carried out by the Regional Office,
11. Certificate of election by a member of the town council,
12. Certificate of accession to the office of member of the town council,
13. Record of refusal of registration and result of voting in the constituency of the Czech Statistical Office,
14. Certificate of test carried out,
15. Minutes of the Examination Committee on the test performed.
Election forms
(1) The following forms are set out in Annex 2 for elections to the municipal councils:
1. Card of a member of the District Election Commission,
2. Registration card of the District Election Commission,
(3) Minutes of the course and outcome of the election in the constituency,
4. The ID of the county employee.
(2) If the District Electoral Commission uses the software supplied by the Czech Statistical Office, the press releases from this programme shall replace the form referred to in paragraph 1 (3) of Annex 2 and the summary ballot. 16)
The registration17) ensures the printing of ballots for the respective municipality through a business company selected by the Ministry of Interior. 18)
PROCEDURE OF GENERAL OFFICIALS AND SPECIFIC OFFICIALS IN THE EQUIPMENT OF VOICE LOCATIONS AND IN THE SAFETY AND ARCHIVATION OF THE FREE DOCUMENTATION
In the polling room, the municipal office will provide office facilities for the work of the District Electoral Commission in addition to the statutory equipment19. Further tools for sealing the ballot box and portable ballot boxes.
(1) Before the elections are held, the municipal authority shall ensure that, on receipt of the ballots and, where appropriate, additional electoral documents are protected in such a way as to prevent abuse.
(2) The Municipal Office will take over all electoral documents, except for one copy of the record of the conduct and the outcome of the vote in the constituency from the District Electoral Commission. The municipal office shall keep three sets of unused ballots for archiving. Official envelopes, ballots used, ballots used to indicate the number of valid votes cast for each election party or for each candidate and the auxiliary census sheets used, the municipal office shall record:
(a) after 30 days from the date of the futile expiry of the period for the submission of an application for nullity of vote, nullity of elections or nullity of election of the candidate (hereinafter referred to as "nullity proposal"),
(b) after 30 days from the date of the futile expiry of the period for lodging a constitutional complaint against the court's decision on the application for annulment; or
(c) 30 days after the date on which the Constitutional Court failed to comply with the last constitutional complaint lodged against the court's decision on the application for annulment.
(3) The other electoral documents shall be kept by the Registration Office.
(4) The documentation on the financial costs of elections to municipal councils shall be stored separately from the other documentation.
(5) For electoral documents concerning the holding of elections, the shredder features and deadlines shall be set:
(a) a candidate list, a statement of the candidate, including supporting documents on the candidate list, a petition, a waiver document or an appeal document, a decision by the registration authority to register the candidate list, a decision by the court on the registration of the candidate list, a ballot, a record of the outcome of the vote and the announcement of the results of the vote - A 10,
(b) other electoral documentation - V 5.
At the end of the shredding period, the relevant legislation shall be followed. 20)
METHOD AND PROCEDURE FOR VERIFICATION OF THE ELIGIBILITY FOR THE PERFORMANCE OF THE EMPLOYMENT PERFORMANCE AND THE CIRCULATION OF THE OFFICIAL AUTHORITY WHICH IS NOT CONVINCED BY THE GENERAL AUTHORITY
Eligibility verification
(1) The Ministry of the Interior verifies the eligibility on the election section for regional staff assigned to the Regional Office responsible for the election section.
(2) The Regional Authority shall verify the competence of the election section for the staff of the municipality whose office carries out the tasks of the registration office responsible for the election section, except for the entrusted municipal offices. 21)
(3) The regional and local staff referred to in paragraphs 1 and 2 (hereinafter referred to as "the candidate") shall receive training and demonstrate the necessary knowledge at the election section by carrying out an examination.
The application for training and carrying out the test shall be sent by:
(a) Director of the Regional Office of the Ministry of the Interior,
(b) the mayor of a municipality whose office carries out the tasks of a registration office not entrusted with the municipal office, 21) the regional office.
Test Panel
(1) A test committee shall be set up for the purpose of verifying knowledge in the election section.
(2) The President and other members of the examination committees at the Ministry of the Interior will be appointed by the Minister of Interior from the staff of the Ministry of the Interior.
(3) The President and other members of the Regional Office Examination Board shall be appointed by the Director of the Regional Office from among the regional staff assigned to the Regional Office; The Chairman of the Examination Committee shall be a member of the county staff who is assigned to the Regional Office with a certificate of test carried out pursuant to Paragraph 17 (5).
(4) The Trial Committees are three members.
(5) The Ministry of Interior and the Regional Office shall determine the dates and place of the examination.
Test
(1) The test shall verify the knowledge of the legislation in the electoral sector and the legislation directly related thereto. consist of a written and oral part.
(2) The examination committee shall draw up a minutes of the examination committee, signed by the chairman of the examination committee and its members. The minutes shall contain:
(a) the name and surname of the tenderer, the place where he is registered for permanent residence, the employer's name and the working grade of the tenderer;
(b) the names, surnames and working names of the members of the Examination Board;
(c) the oral questions;
(d) evaluation of the written and oral examination.
(3) The applicant shall demonstrate the necessary knowledge if he has succeeded in at least two thirds of the questions contained in the written part of the test and in two thirds of the questions contained in the oral part of the test.
(4) The results of the examination shall be notified to the candidate by the chairman of the examination committee on the day of the examination.
(5) Candidates who have successfully passed the test shall issue a double-copy certificate of the test. One copy shall be transmitted by the tenderer to the employer. 23)
(6) The test certificate shall contain:
(a) the name and surname of the tenderer and the place where he is registered for permanent residence;
(b) the signature of the Chairman of the Examination Committee,
(c) the date of issue and the stamp of the Ministry of the Interior or the Regional Office.
(7) In the event that the tenderer has failed the test, the test may be repeated in at least one month; the deadline may be reduced by the Ministry of Interior or the Regional Office in exceptional cases.
PROVISIONS TRANSITIONAL AND FINAL
Applications for training and examination shall be sent no later than 15 days after the entry into force of this Order
(a) Director of the Regional Office of the Ministry of the Interior,
(b) the mayor of a municipality whose office carries out the tasks of a registration office, with the exception of an authorised municipal office, 21) the district office.
_
1. Decree No. 173 / 1994 Coll., on the implementation of certain provisions of Act No. 152 / 1994 Coll., on elections to councils in municipalities and amending and supplementing certain other laws.
2. Decree No. 252 / 1998 Coll., amending Decree No. 173 / 1994 Coll., on the implementation of certain provisions of Act No. 152 / 1994 Coll., on elections to councils in municipalities and amending and supplementing certain other laws.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Mgr. Gross v. r.
Příloha č. 1
Annex No 1 to Decree No 59 / 2002 Coll.
Příloha č. 2
Annex No 2 to Decree No 59 / 2002 Coll.
1) Article 62 of Act No. 491 / 2001 Coll., on elections to the municipal councils and on the amendment of certain laws, as amended by Act No. 230 / 2002 Coll.
2) § 70 of Act No. 491 / 2001 Coll.
3) § 52 of Act No. 491 / 2001 Coll.
4) § 26 of Act No. 491 / 2001 Coll.
5) § 4 of Act No. 491 / 2001 Coll.
6) § 28 of Act No. 491 / 2001 Coll.
7) § 4 (2) of Act No. 491 / 2001 Coll.
9) Paragraph 28 (4) of Act No. 491 / 2001 Coll.
14) § 23 paragraph 6 of Act No. 491 / 2001 Coll.
15) Article 25 (3) of Act No. 491 / 2001 Coll.
16) § 42 of Act No. 491 / 2001 Coll.
17) Sections 12 (1) (d) and 13 (1) (d) of Act No. 491 / 2001 Coll.
18) § 8 (2) (f) of Act No. 491 / 2001 Coll. Act No. 199 / 1994 Coll., on Public Procurement, as amended by Act No. 148 / 1996 Coll., Act No. 93 / 1998 Coll., Act No. 28 / 2000 Coll., Act No. 256 / 2000 Coll., Act No. 39 / 2001 Coll. and Act No. 142 / 2001 Coll.
19) § 31 of Act No. 491 / 2001 Coll.
20) Act No. 97 / 1974 Coll., on archiving, as amended by Act No. 343 / 1992 Coll., Act No. 27 / 2000 Coll. and Act No. 120 / 2001 Coll. Decree No. 117 / 1974 Coll., laying down criteria for the assessment of documents as archives and details of the shredding procedure.
21) Paragraph 12 (1) (d) of Act No. 130 / 2000 Coll., on Regional Councils and on the amendment of certain laws.
22) § 9 (2) (b) of Act No. 130 / 2000 Coll., as amended by Act No. 273 / 2001 Coll.
23) § 110 (4) (c) of Act No. 128 / 2000 Coll., as amended by Act No. 273 / 2001 Coll. and Act No. 320 / 2001 Coll. § 69 (2) (b) of Act No. 129 / 2000 Coll., on Counties (Regional Establishment), as amended by Act No. 273 / 2001 Coll. and Act No. 320 / 2001 Coll.
24) Paragraph 12 (2) of Decree No. 233 / 2000 Coll., on the implementation of certain provisions of Act No. 247 / 1995 Coll., on elections to Parliament of the Czech Republic and on the amendment and addition of certain other laws, as amended. § 6 (1) of Decree No. 294 / 2012 Coll., on the implementation of certain provisions of the Law on the Election of the President of the Republic, as amended.
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Regulation Information
| Citation | Decree of the Ministry of the Interior No. 59 / 2002 Coll., on the implementation of certain provisions of Act No. 491 / 2001 Coll., on elections to municipal councils and on the amendment of certain laws |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.02.2002 |
|---|---|
| Effective from | 13.02.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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