Government Decree No. 63 / 1961 Coll.
Government Regulation establishing an electoral order for the election of judges of district courts
Valid
Effective from 06.07.1961
Contents
Část I
§ 1
§ 2
§ 3
§ 4
Část II
§ 5
§ 6
§ 7
§ 8
§ 9
Část III
Oddíl 1
§ 10
Oddíl 2
§ 11
Oddíl 3
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
Část IV
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
Část V
Oddíl 1
§ 29
§ 30
Oddíl 2
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
Oddíl 3
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
Část VI
§ 50
Část VII
§ 51
§ 52
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63
GOVERNMENT REGULATION
of 6 July 1961
establishing an electoral order for the election of judges of the district courts
The Government of the Czechoslovak Socialist Republic orders pursuant to Section 67 of Act No. 62 / 1961 Coll., on the organisation of courts:
BASIC PROVISIONS
The election of judges of the district courts shall take place under the general, equal and direct electoral law by secret ballot.
(1) All citizens of the Czechoslovak Socialist Republic who reached the age of 18 on the day of the election, regardless of nationality, sex, religion, employment, residence, social origin, property conditions and previous activities, have the right to vote.
(2) However, citizens who have been deprived, in whole or in part, of their right to vote are not entitled to vote.
(1) Any citizen of the Czechoslovak Socialist Republic, who is committed to the socialist establishment, is a civil judge of the profession of the District Court, has the right to vote, he has reached the age of 23 years on the day of the election and his expertise, experience and moral qualities meet the requirements for the performance of the judicial function.
(2) Any citizen of the Czechoslovak Socialist Republic, who is committed to the socialist establishment, is a civil servant, has the right to vote, reaches the age of 21 on the day of the election, and meets the conditions for carrying out the judicial function in question. The judges are elected by the leading builders of socialism from among workers, members of single agricultural cooperatives, intelligence and other workers.
Members of the armed forces and armed corps shall have the same right to vote and to be elected as other citizens.
LIST OF ELEMENTS
Writing into the electoral lists
(1) All citizens of the Czechoslovak Socialist Republic who have the right to vote are included in the electoral list according to their place of residence.
(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) Each voter can only be entered in one voter list.
Establishment of electoral lists
(1) The electoral lists are drawn up by the local national committee according to the constituencies.
(2) The electoral lists of members of the armed forces and the armed corps who are housed in the group shall be drawn up by their master.
Unloading of electoral lists
(1) No later than 30 days before the election date, the local national committee shall land electoral lists so that citizens can see them in official rooms. The local national committee shall inform citizens of the launch of the electoral lists in the usual manner.
(2) In municipalities where there are more than 5000 people on the electoral lists, the local national committee will arrange for a list of voters living in the house to be included in each house. The local national committee may also take such action in municipalities with fewer than 5000 persons on electoral lists.
Opposition procedure
(1) Any citizen may, orally or in writing, draw the local national committee's attention to errors and errors in the electoral list and propose corrections. The local national committee shall decide on the alert within 3 days and shall either make an appropriate correction in the electoral list or inform the complainant in writing of the reasons for the correction.
(2) If the application is rejected, the citizen may submit it to the district court responsible under the constituency. The Court of First Instance shall act in due time after oral hearing by order. This decision is final. Otherwise, the general provisions of the Civil Code apply mutatis mutandis. According to the court's decision, the local national committee will make a correction on the electoral list. Proceedings before a court shall not be subject to a judicial fee.
Election card
Voters who, from the time the electoral lists are unloaded to the election date, as well as voters who, for serious reasons, will not be able to vote in the constituency in whose electoral list they are registered, will issue a local national committee, at their request, and will delete them from the electoral list. The Voting Card authorises the entry on the list of voters in another constituency. The registration is carried out by the local national committee of new residence (place of residence), on the election day of the District Election Commission. On entry, the voter card is withdrawn and added to the voter list.
VESSEL, QUARTERS AND THE COMMISSION
Election circuits
(1) Elections of judges of the District Courts are held according to the constituencies.
(2) Election circuits shall be established by the District National Committee in such a way that the constituencies for election of professional judges shall always include several constituencies created for election of the District National Committee and that the constituencies for election of other judges are consistent with those created for election of the District National Committee. The lists of electoral districts shall be published by the district national committee no later than 50 days before the election date.
(3) A single professional judge shall be elected in the constituency for the election of a professional judge. Several Judges shall be elected in the constituency of the election of the other Judges; their number for each constituency shall be determined by the District National Committee in such a way as to select the total number of judges appointed by the President of the District Court.
(4) Replacements are not elected.
Election districts
(1) Election districts are created in the municipalities to receive ballots and count votes.
(2) The local national committee shall determine the constituencies and the polling rooms for each district no later than 30 days before the election date.
(3) As a general rule, the electoral district is created to include around 1000 voters. For remote settlements or 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, similar institutions and facilities, or parts thereof, but only if there are at least 50 voters.
(5) The forces of the armed forces and armed corps form special electoral districts, if they have at least 50 voters.
Election Commission
General provisions
(1) Elections of judges of district courts are governed by the Election Commission, namely:
Central Election Commission and Slovak Election Commission,
Regional Election Commission (City Election Commission in Prague),
Regional Election Commission (City Election Commission in Bratislava, Brno, Ostrava and Pilsen),
the District Electoral Commission for Choice of Professional Judges,
the District Electoral Commission for the Choice of Judges.
(2) The votes in the various constituencies are managed by the District Electoral Commission.
Central and Slovak Electoral Commission
(1) The Central Electoral Commission is responsible for the senior management of the elections of judges of the district courts. It is implemented primarily through regional and regional electoral committees. The institution of the Central Election Commission in Slovakia is the Slovak Election Commission.
(2) The Government shall appoint the President, his Deputy, the Secretary and the necessary number of other members of the Central Electoral Commission on a proposal from the Central Committee of the National Front. The President, his Deputy, Secretary and the necessary number of other members of the Slovak Electoral Commission shall be appointed by the Bureau of the Slovak National Council on a proposal from the Central Committee of the Slovak National Front.
Regional Election Commission
(1) The Regional Electoral Commission manages the Regional Electoral Commission and oversees the precise compliance with these electoral rules and the timely and proper preparation of the elections. The Regional Election Commission shall be set up by the Regional National Committee no later than 50 days before the election date.
(2) The Commission shall consist of the President, his Deputy Secretary, the Secretary and 8 to 10 other members.
(3) The Commission will form up from representatives of the Communist Party of Czechoslovakia and the workers' organisations, which are grouped in the National Front. Proposals from representatives are submitted by the National Front.
(4) The provisions on the establishment, composition and tasks of the Regional Electoral Commission apply mutatis mutandis to the City Electoral Commission in Prague.
Regional Electoral Commission
(1) The Regional Electoral Commission directs the election of judges of the District Court. The Regional Election Commission shall be set up by the Regional National Committee not later than 50 days before the election date.
(2) The Regional Electoral Commission is composed of the President, its Deputy Secretary, the Secretary and between 6 and 10 other members.
(3) The Commission will form up from representatives of the Communist Party of Czechoslovakia and the workers' organisations, which are grouped in the National Front. Proposals from representatives are submitted by the National Front.
(4) The provisions on the establishment, composition and tasks of the Regional Electoral Commission apply mutatis mutandis to the City Electoral Commission in Bratislava, Brno, Ostrava and Pilsen.
Tasks of the District Electoral Commission
Regional Electoral Commission
(a) oversees the precise observance of the provisions of these Rules;
(b) decide on complaints concerning the malpractice of district and district electoral commissions;
(c) examine whether candidates for the office of judges of the District Court run for office in one constituency;
(d) ensure that voting lists are drawn up for election;
(e) register the Judge-elect;
(f) submit files on elections to the Regional National Committee.
Circular Election Commission
(1) For each constituency for the election of professional judges, the District National Committee shall set up a Regional Electoral Commission for the election of a professional judge. For each constituency for the election of other judges, the District National Committee shall set up a Circular Election Commission for the election of judges. The District Electoral Commission shall establish a Regional National Committee not later than 50 days before the date of election.
(2) The Circuit Election Commission for Choice of a Judge of the Occupation shall consist of the President, his Deputy, the Secretary and between 6 and 10 other members.
(3) The Circular Electoral Commission for the Choice of Judges shall consist of the President, his Deputy Secretary, the Secretary and between 2 and 4 other members.
(4) The Commission will be made up of representatives of the Communist Party of Czechoslovakia and of the workers' organisations, which are grouped in the National Front. Proposals from representatives are submitted by the National Front.
Tasks of the Circular Election Committees
(1) Circular Election Commission
(a) register candidates in accordance with these electoral rules;
(b) oversees the electoral process;
(c) to examine the results of the election in the constituency;
(d) submit a report to the Regional Electoral Commission on the outcome of the election in the constituency;
(e) issue a certificate of election to the candidate elected;
(f) surrender the electoral files to the Regional National Committee.
(2) In addition, the District Election Commission for the Choice of a Judge of the Occupation shall provide the District Election Committees with voting lists.
(3) The Circular Election Commission for the Choice of an Professional Judge and the Circular Election Commission for the Choice of Judges cooperate closely with each other.
Regional Electoral Commission
(1) For each electoral district, the local national committee shall form a district election committee no later than 30 days before the election date.
(2) The Regional Electoral Commission is composed of the President, its Deputy Secretary, the Secretary and between 4 and 8 other members. In constituencies with fewer than 300 voters, the District Electoral Commission has other members alongside the President and Secretary 1 to 3.
(3) The Commission will form up from representatives of the Communist Party of Czechoslovakia and the workers' organisations, which are grouped in the National Front. Proposals from representatives are submitted by the National Front.
Tasks of the District Electoral Commission
Regional Electoral Commission
(a) oversees the proper surrender of ballots and watches over the keeping of order in the voting room;
(b) shall add the votes cast for each candidate;
(c) draw up a record of the election and the count of the votes and submit the minutes without delay to the relevant Regional Election Committees, after one copy;
(d) surrender the electoral files to the Regional National Committee.
Resolution of electoral commissions
(1) Election commissions may be quorum if an absolute majority of members are present.
(2) The Election Commission shall act by an absolute majority; in the event of a tie, the chairman's vote shall be taken.
CANDIDATES
Design of candidates
(1) Candidates for the election of judges of district courts are candidates for the National Front as a union of workers, peasants and intelligence. The National Front proposes as candidates citizens who meet all the conditions required for election.
(2) The assembly of workers, peasants and other workers in villages, factories, offices and assembly of soldiers and members of other armed corps submit proposals to the candidates of the National Front.
(3) Candidates are designed for individual constituencies. One or more candidates may be proposed for each constituency for the election of a professional judge. For each constituency for the election of judges, as many candidates as are to be elected in this constituency or more candidates may be proposed.
Registration of candidates
(1) The candidates are registered by the National Front at the District Election Commission no later than 30 days before the election date.
(2) Candidates are registered by constituency. However, no one can run for office in more than one constituency.
(3) The application shall be accompanied by a declaration by the candidate to agree to his or her candidacy and, where appropriate, a report on the meeting of the organisation or assembly of workers where the candidate has been proposed.
(1) The District Electoral Commission is obliged to register all duly proposed candidates.
(2) A complaint may be lodged against the refusal to register a candidate within 2 days to the Regional Election Commission. Her decision is final.
Announcement
The District Electoral Commission shall publish the names, surnames, age and employment of all registered candidates no later than 25 days before the date of election.
Voting lists
(1) All registered candidates must be listed on ballots. Voting tickets are common to the choice of both the professional judge and the other judges.
(2) Voting lists must take the form laid down and be reproduced in the quantities required.
Membership of candidates in election committees
Candidates may not be members of district or district electoral committees where they are candidates.
Election agitation
Every worker organisation and every citizen of the Czechoslovak Socialist Republic have the right to freely agitate for a registered candidate in the press, in meetings and in other ways.
ELEMENTS
Announcement of elections
Election Day
(1) The day of the election of judges of the district courts is set by the Government of the Czechoslovak Socialist Republic at the latest 60 days in advance.
(2) The elections are held on the same day on the territory of the whole State. The elections take place on a day of work.
(3) The elections are held on a specified day from 7 am to 14 pm. In the capital city of Prague, in the cities which are the seats of regional and regional national committees as well as in all municipalities with at least 4000 inhabitants, elections are held on the designated day from 7 am to 20 pm. If local needs so require, the start of elections may be set for an earlier period.
Informing voters
(1) The Regional Electoral Commission shall keep the voters informed of the time and place of the elections in the last 15 days prior to the election date by incessantly announcements or otherwise.
(2) In municipalities with more than 1000 registered voters, the District Electoral Commission will ensure that a legitimate ballot is drawn up for each voter showing the necessary voting data. At the same time, they will arrange for the legitimate ticket to be delivered to the apartment.
Voting procedure
Preparations in the Election Room
The President of the District Electoral Commission shall check and seal the ballot box before the election begins in the presence of the members of the Commission. It will also check whether a list of voters and ballots is ready. Then the vote will be taken.
Voting ballot boxes
Special spaces shall be designated in the ballot rooms in order to ensure the secrecy of the vote. No one must be present in these spaces at the same time as the voter or the electoral commission.
Voting time
(1) Each voter shall vote in person. Representation is not admissible.
(2) The voter who has arrived in the election room will submit a legitimate ticket and will receive a ballot after the entry in the electoral list. If the voter does not have a legitimate ticket and if he does not know the members of the District Electoral Commission, the commission may ask him to prove his identity.
(3) A voter who has arrived in an election room with an electoral pass will be put on the electoral list by the District Election Commission. The minutes shall be signed by the President and the Secretary of the District Electoral Commission; Voting cards shall be connected.
Modification of ballots
(1) The voter shall leave on the ballot the name and surname of the candidates for whom he votes in the voting space designated for adjusting the ballots; the names and surnames of candidates for whom it does not vote shall be crossed out. Then he goes to the ballot box and throws a ballot.
(2) A voter who cannot adjust the ballot for a physical defect himself or because he cannot read and write, has the right to take with him a ballot space to modify another voter's ballot box in order to modify the vote list for him.
Order in the Election Room
The President of the District Electoral Commission shall be responsible for the order of the election room. His instructions to maintain order in the polling room are binding on all present.
End of election
As soon as the hour set for the end of the vote has passed, the election room shall be closed, but all those who are in or before the election room will be inferred. Then the President of the District Electoral Commission will declare the vote closed and proceed to the opening of the ballot box.
Determination of election results
Who can be present at the count of votes in the District Election Commission
In a room where the district election committee carries out a census, they shall have the right to be present in particular with authorised representatives of workers' organisations and press representatives.
Allocation of votes in the District Election Commission
(1) Once the ballot box has been opened, the District Electoral Commission will add up the voting tickets by constituency, compare the number of voting tickets submitted with the number of persons who have been issued voting tickets by electoral list, and write the result in the voting minutes for each constituency.
Contents
Část I
§ 1
§ 2
§ 3
§ 4
Část II
§ 5
§ 6
§ 7
§ 8
§ 9
Část III
Oddíl 1
§ 10
Oddíl 2
§ 11
Oddíl 3
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
Část IV
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
Část V
Oddíl 1
§ 29
§ 30
Oddíl 2
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
Oddíl 3
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
Část VI
§ 50
Část VII
§ 51
§ 52
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Regulation Information
| Citation | Decree of the Government No. 63 / 1961 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.07.1961 |
|---|---|
| Effective from | 06.07.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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