Act No. 88 / 2024 Coll.
Law on election management
Valid
Law
Effective from 01.01.2026
Text versions:
01.01.2026
16.04.2024
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
ČÁST DRUHÁ
HLAVA I
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
HLAVA II
§ 20
§ 21
ČÁST TŘETÍ
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
ČÁST ČTVRTÁ
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
ČÁST PÁTÁ
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
ČÁST ŠESTÁ
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
ČÁST SEDMÁ
§ 56
§ 57
§ 57a
§ 57b
§ 57c
§ 57d
§ 58
ČÁST OSMÁ
§ 59
§ 60
§ 61
ČÁST DEVÁTÁ
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
ČÁST DESÁTÁ
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
ČÁST JEDENÁCTÁ
§ 76
§ 77
§ 78
§ 79
ČÁST DVANÁCTÁ
§ 80
§ 81
ČÁST TŘINÁCTÁ
§ 82
§ 83
§ 84
ČÁST ČTRNÁCTÁ
§ 85
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88
THE LAW
of 6 March 2024
on the administration of elections
Parliament has decided on this law of the Czech Republic:
GENERAL PROVISIONS
Subject matter
(1) This law regulates the common rules for the administration of state elections to the Parliament of the Czech Republic, the election of the President of the Republic, regional councils, municipal councils and elections to the European Parliament.
(2) The special rules governing the exercise of public administration, the special conditions governing the exercise of the right to vote and the special rules for determining the results of elections are laid down in the laws governing the elections referred to in paragraph 1 (hereinafter referred to as "the relevant electoral law").
(3) This law implements the relevant provisions of the European Union governing elections to the European Parliament and elections to councils of the Community1).
Territorial definition of elections, election date and voting time
(1) The elections to the Chamber of Deputies of the Parliament of the Czech Republic (hereinafter referred to as the Chamber of Deputies), the election of the President of the Republic and the elections to the European Parliament are held on the territory of the Czech Republic and abroad. Other types of elections are held only in the Czech Republic.
(2) On the territory of the Czech Republic, elections are held on 2 days, Friday and Saturday. The first day of the election starts at 14.00 and ends at 22.00. The second day of the election starts at 8.00 and ends at 14.00.
(3) The elections are held abroad in 2 days,
(a) Thursday and Friday, when the vote starts at 14.00 hours and ends at 21.00 local time, if there is a vote at a place where the clock time is correctly marked later by more than 2 hours compared to the hour time in the Czech Republic,
(b) Friday, when the vote starts at 12.00 and ends at 22.00 local time, and Saturday, when the vote starts at 8.00 and ends at 12.00 local time, if the vote is at a place where the corresponding hourly time is later by a maximum of 2 hours compared to hourly time in the Czech Republic,
(c) Friday, when the vote starts at 14.00 and ends at 22.00 local time, and Saturday, when the vote starts at 8.00 and ends at 14.00 local time, if the vote is taken at other places.
(4) The day of the elections is the first day of the elections in the Czech Republic, unless otherwise specified, under this law and under the relevant electoral laws.
Basic terms and common condition for the exercise of the right to vote
(1) The voter is a natural person to whom the relevant election law confers the right to vote.
(2) The electoral party shall be the one who is entitled to file a candidate list under the relevant election law.
(3) The candidate is the natural person proposed by the Election Party on the candidate list for election. The candidate may be the one to whom the relevant election law grants the right to be elected.
(4) The independent candidate is a candidate who is also an election party.
(5) The restriction of personal freedom in order to protect people's health is an obstacle to the exercise of the right to vote. The restriction of the right to exercise that right is an obstacle to the exercise of the right to be elected. The right to vote cannot be restricted.
Election districts
(1) Each voter in the relevant type of election belongs to the constituency and the constituency in which he has a permanent residence, unless otherwise provided by law.
(2) At least 1 electoral district must be created in the territory of each municipality. The territory of the constituency shall not belong to the territory of more than one municipality or to the territory of more than one constituency.
(3) Electoral districts are set up by the municipal authority in such a way that they are fully stored in the territory of the municipality, that natural territorial units are preserved and that the availability of electoral rooms is ensured, and that the number of voters belonging to the electoral district allows for the proper functioning of the vote and the census and efficient and cost-effective use of the means of securing electoral rooms and the activities of district electoral commissions in the territory of the municipality.
(4) The municipal office can only change the number of constituencies in the municipality with the prior approval of the Ministry of Interior. The draft amendment and its justification shall be sent by the municipal authority to the Ministry of the Interior via the Regional Office. The Ministry of the Interior shall notify the outcome of the assessment of the proposal to the Municipal Office and the Regional Office.
(5) The municipal authority shall immediately inform the regional authority of changes to the number or boundaries of the constituencies and, in the case of territorial subdivisions of the statutory cities, the city or urban district authority shall inform the municipality of the statutory city.
(6) Electoral districts cannot be changed from the announcement of elections to the publication of overall election results by the State Election Commission.
(7) Election districts are kept in the basic register of territorial identification, addresses and real estate as special purpose territorial elements. Identifying information, links to other territorial elements and location data on electoral districts shall be entered in the basic register of territorial identification, addresses and real estate by the municipal authority through the territorial identification information system. In cases referred to in paragraph 6, the Ministry of the Interior shall provide for the prevention of access to the change of constituencies through the information system of territorial identification.
(8) Special electoral districts shall be created for voting abroad at representative offices in accordance with Paragraph 6 (1) (i). The territory of the special constituency shall consist of the district district of the representative office.
Informing voters
(1) The municipal office shall publish on the official record no later than 15 days before the election date a notice of the time and place of the elections in the municipality. If more than one constituency has been created in the territory of the municipality, it shall indicate which parts of the municipality's territory belong to each constituency. At the same time, the municipal office shall indicate in the notice the addresses of the election rooms.
(2) In the notice, the Municipal Office will draw the voters' attention to the obligation to prove their identity before the vote and shall provide the additional necessary information necessary for the uninterrupted conduct of the elections.
(3) The representative office shall inform the electorate of the time and place of the elections in the special constituency, the possibility of taking a vote in the special constituency, the possibility of having a correspondent vote and the obligation to show identity before the vote in the voting room, and the additional information necessary for the unimpeded conduct of the elections, in due time. The representative office also informs voters about holding elections to the Senate of the Parliament of the Czech Republic (hereinafter referred to as the Senate), regional councils and elections to the municipal councils of the Czech Republic and the conditions for exercising the right to vote in these elections.
(4) In the absence of a second round of elections, the municipal authority and the representative office shall inform the voters thereof immediately after the outcome of the first round has been announced in accordance with paragraphs 1 to 3.
(5) In a municipality in which, according to the last census, at least 10% of citizens applying for one nationality other than Czech, the information referred to in paragraphs 1, 2 and 4 shall be published in the language of the relevant national minority.
OPENING AUTHORITIES
System of electoral authorities
Election authorities
(1) The electoral authorities are:
(a) State Election Commission,
(b) Ministry of the Interior,
(c) Ministry of Foreign Affairs,
(d) Czech Statistical Office,
(e) the Regional Office;
(f) the entrusted municipal office; the annex to this Act shall be laid down by the authorities of the urban parts of the capital of Prague which perform the tasks of the entrusted municipal office and the urban parts of the capital of Prague for which they perform these tasks;
(g) the municipal authority;
(h) the Mayor,
(i) the representative office, which shall mean the embassy and consular office of the Czech Republic, with the exception of the consular office managed by the honorary consular officer;
(j) the Regional Electoral Commission;
(k) the special district electoral commission.
(2) The activities of the electoral authorities are the activities of the state administration. The exercise of the powers of the electoral authorities may not be transferred by a public contract.
State Election Commission
(1) The State Election Commission is a permanent electoral body.
(2) The President of the State Election Commission is the Minister of the Interior.
(3) Furthermore, only a member of the State Election Commission may be an employee of the Czech Republic classified in the Ministry of Interior, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of Defence, the Ministry of Health, the Ministry of Labour and Social Affairs, the Czech Statistical Office or the Office of the President of the Republic.
(4) The members and alternates of the State Election Commission, with the exception of its President, are appointed and dismissed by the Government on a proposal from the Minister for the Interior. The proposal for the appointment and removal of members and alternates of the State Election Commission to the Minister of Interior shall be submitted by the Minister of Finance, the Minister of Foreign Affairs, the Minister of Justice, the Minister of Defence, the Minister of Health, the Minister of Labour and Social Affairs, the President of the Czech Statistical Office and the Head of the President's Office.
(5) For the purposes of organizational technical security of the activities of the State Electoral Commission, the Minister of the Interior shall establish a secretariat consisting of the employees of the Czech Republic included in the Ministry of Interior.
Scope of the State Election Commission
State Election Commission
(a) coordinate and control the organisational and technical preparation, conduct and conduct of elections;
(b) draws the numbers of voting tickets for elections to the Chamber of Deputies, the election of the President of the Republic, the election of regional councils and the election of the European Parliament;
(c) allows for the presence of other persons when counting the votes by the District Electoral Commission;
(d) approve the minutes of the results of the elections drawn up by the Czech Statistical Office;
e) announces the overall results of the elections by means of a communication in the Collection of Laws and International Treaties,
(f) carry out other tasks under this law and under the relevant electoral laws.
Meeting of the State Election Commission
(1) The deliberations of the State Election Commission shall be convened and managed by its President or by his authorised member of the State Election Commission. The meeting of the State Election Commission shall take place as necessary.
(2) The deliberations of the State Election Commission are public.
(3) The President may invite persons who are not members of the State Election Commission, or part of it, to attend meetings.
(4) The State Election Commission is able to decide if an absolute majority of its members are present. The resolution shall be adopted if a majority of the members present vote for them. Minutes shall be taken from the meetings of the State Election Commission. If the State Election Commission is not in a quorum, the President shall determine when the next meeting will take place and shall terminate the State Election Commission.
Ministry of Interior
Ministry of Interior
(a) manage, ensure and control the organisational and technical preparation, conduct and conduct of elections;
(b) ensure the production of electoral material, organise the production of ballots and negotiate a contract with the supplier of ballots and ballots;
(c) carry out other tasks under this law and under the relevant electoral laws.
Ministry of Foreign Affairs
Ministry of Foreign Affairs
(a) manage, ensure and control the organisational and technical preparation, conduct and conduct of elections abroad;
(b) transmit to the Ministry of the Interior and the Czech Statistical Office data on special constituencies;
c) in cooperation with the Czech Statistical Office, ensures the creation of a system for data transmission between the representative offices and the workplace of the Czech Statistical Office,
d) in cooperation with the Czech Statistical Office, provides conditions for the operation of the Czech Statistical Office at the Ministry of Foreign Affairs,
(e) transmit to the Special Circuit Election Commission evidence of receipt of the flawless result of the vote to further processing by the Czech Statistical Office;
(f) once the overall results of the elections have been established, the Ministry of the Interior shall transmit the electoral documents sent by the representative authorities,
(g) carry out other tasks under this law and under the relevant electoral laws.
Czech Statistical Office
(1) Czech Statistical Office
(a) manage, ensure and methodologically promote the detection, processing and disclosure of election results;
(b) in order to ensure the activities referred to in (a), develop a system for detecting election results, including software;
(c) establish a place of work in municipalities, which is defined by the Ministry of the Interior by decree, and publish information on the territory under individual places of work, and further create a place of work with the Ministry of Foreign Affairs, and, if the relevant election law so provides, also regional offices for cooperation with regional authorities;
(d) in the workplaces referred to in point (c), ensure the reception of data into the system for the detection of election results and carry out other tasks under the relevant election laws;
(e) for the workplace referred to in (c), provide staff responsible for detecting and processing the results of the elections and other persons for the purpose of ensuring the work of the workplace, carry out their training and issue mandates to selected trained staff;
f) ensures the creation of a single system for data transmission between the Czech Statistical Office's workplace,
(g) carry out training of district electoral commission members for the system of survey of election results in cooperation with regional authorities and entrusted municipal authorities, at least for persons whose participation in the training is compulsory;
(h) draw up and publish registers and code lists of candidates and electoral parties;
(i) issue evidence of receipt of the flawless outcome of the vote for further processing;
(j) publish on its website the results of the voting in the constituency; in the elections to the European Parliament, publish the results of the vote established after the expiry of the period laid down for the closure of the election rooms in the territory of the Member States of the European Union,
(k) draw up minutes of election results in the constituency;
(l) process the overall results of the elections and transmit the minutes of the overall result to the State Election Commission;
(m) carry out other tasks under this law and under the relevant electoral laws.
(2) An employee of the Czech Republic, classified in the Czech Statistical Office, who is authorised under paragraph 1 (e), is entitled to:
(a) to stay in the room where the District Electoral Commission counts the votes and provide methodological support for the census;
(b) issue proof of receipt of the flawless outcome of the vote for further processing;
(c) set a time limit for the removal of errors and the transmission of a new record of the conduct and outcome of the vote;
(d) to issue an order to close the meetings of the District Electoral Commission and the Special District Electoral Commission on the second day of the elections;
(e) at the place of work referred to in paragraph 1 (c) ensure the processing of election results for the constituency and produce and sign a record of election results in the constituency.
Regional Office
Regional Office
(a) manage, ensure and control the organisational and technical preparation, conduct and conduct of elections in its administrative district;
(b) provide, if necessary, the necessary synergy in ensuring the training of the members of the District Election Commissions carried out by the Czech Statistical Office for the system for determining the results of the elections and entrusted by the Municipal Office for voting principles;
(c) ensure that the tasks entrusted to the municipal authority are carried out under this law and under the relevant election laws if they cannot be properly implemented; This does not apply to tasks entrusted to the municipal office in the registration procedure,
(d) carry out other tasks under this law and under the relevant electoral laws.
Authorised municipal office
(1) Authorised municipal authority
(a) manage, ensure and control the organisational and technical preparation, conduct and conduct of elections in its administrative district;
(b) provide and conduct training of the members of the District Electoral Commission for voting principles, provide training for the system for determining the results of the elections carried out by the Czech Statistical Office, and inform the Municipal Office of the dates of such training and participation in such training;
(c) participate in the distribution of electoral material;
(d) ensure that the tasks of the municipal office or mayor are carried out under this law and under the relevant election laws, if they cannot be properly implemented;
(e) carry out other tasks under this law and under the relevant electoral laws.
(2) The municipal office responsible for election to the Senate in the Senate elections
(a) manage, ensure and control the organisational and technical preparation, conduct and conduct of electoral elections;
b) provides rooms and aids for the work of the Czech Statistical Office at the level of the constituency and cooperates with it to provide the necessary technical facilities for processing and providing the result of the elections at this place of work;
(c) provide assistance to ensure elections at constituency level.
(3) The seat of the constituencies for elections to the Senate is laid down in the law governing elections to the Parliament of the Czech Republic.
Municipal Office
Municipal Office
(a) creating electoral districts;
(b) ensure that voters are informed of the time and place of elections in the municipality;
(c) determine the lowest number of members of the District Electoral Commission;
(d) provide election rooms and their equipment, the necessary manpower and auxiliary resources for district electoral commissions;
(e) convene the first meeting of the District Electoral Commission and communicate in writing the members of the District Electoral Commission on the training periods for voting principles and the system for determining election results;
f) provides rooms and auxiliary facilities for the work of the Czech Statistical Office according to § 12 (1) (c) and provides synergies in ensuring the necessary workforce and technical equipment for the workplace;
g) provides telephone connections to each election room in the local district and records the telephone number and address of the election room and the access to the electoral room for disabled access to the register of district election committees;
h) issue electoral passes and record voting data in another constituency;
(i) ensure the delivery of ballots to voters and district polling committees;
(j) transmit electoral statements to the District Commission;
(k) carry out other tasks under this law and under the relevant electoral laws.
Mayor
Mayor
(a) appoint and withdraw the registrar of the District Electoral Commission (hereinafter referred to as "the Recorder"),
(b) appoint and withdraw members to the District Election Commissions in the event that the lowest number laid down is not fulfilled;
(c) carry out other tasks under this law and under the relevant electoral laws.
Representative Office
Representative Office
(a) manage, ensure and control the organisational and technical preparation, conduct and conduct of elections abroad within its territorial area;
(b) ensure, according to local conditions, that voters are informed of the time and place of the elections, of the possibility of registering the voter for a vote in a special constituency and of the voting arrangements, including by correspondence, where appropriate in the relevant foreign language;
(c) enter in the electoral list voting data in the special constituency;
(d) provide correspondence voting;
(e) issue electoral passes;
f) records information on the electorate's ability to vote in another constituency;
(g) carry out training of members of the special district election committees;
(h) ensure the production or reproduction of ballots for voting in the ballot box;
(i) provide an election room and its equipment, manpower and auxiliary resources for the Special District Election Commission;
(j) send to the Ministry of Foreign Affairs the electoral documents taken from the Special District Electoral Commission;
(k) carry out other tasks under this law and under the relevant electoral laws.
Regional Electoral Commission
(1) A district election committee is hereby established for every constituency. The lowest number of members of the District Election Commission shall be determined by the Municipal Office, taking into account the number of voters in the Election District, so that the Commission shall have at least four members in the Election Periods up to 400 voters and at least five members in the other Election Periods. The municipal authority shall establish and register this information in the registry of the district election committees no later than 60 days before the election date.
(2) The head of the District Electoral Commission is the chairman of the District Electoral Commission. The President shall be represented in his absence by the Vice-President of the District Electoral Commission. A member of the District Electoral Commission is also a writer.
(3) Regional Electoral Commission
(a) ensure order in the electoral room;
(b) ensure the proper functioning of the vote;
(c) counting the votes and drawing up the minutes of the course and the outcome of the votes;
(d) submit the electoral documents to the custody of the municipal office, except for 1 copy of the record of the course and the outcome of the vote;
(e) carry out other tasks under this law and under the relevant electoral laws.
(4) The President or Vice-President and the majority of all members of the District Electoral Commission must still be present in the voting room. If the District Electoral Commission is four members and its two members are voting in a portable ballot box, the other two members must be present in the ballot room.
(5) If different types of elections are held together, a district election commission is set up in the constituency of 1, which performs the tasks for all elections jointly held.
(6) A member of the District Electoral Commission shall be shown by a card of a member of the District Electoral Commission. The minutes shall be issued by a member of the District Electoral Commission by the Municipal Office and the other members of the District Electoral Commission shall be issued by a member of the District Electoral Commission by a rector.
Special District Election Commission
(1) For voting abroad, a special district electoral commission shall be established for each special electoral district. The special district election committee has at least three members.
(2) The head of the Special District Electoral Commission is the Chairman of the Special District Electoral Commission. A member of the Special District Election Commission is also a member of the Special District Election Commission.
(3) Special District Election Commission
(a) ensure order in the electoral room;
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
ČÁST DRUHÁ
HLAVA I
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
HLAVA II
§ 20
§ 21
ČÁST TŘETÍ
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
ČÁST ČTVRTÁ
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
ČÁST PÁTÁ
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
ČÁST ŠESTÁ
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
ČÁST SEDMÁ
§ 56
§ 57
§ 57a
§ 57b
§ 57c
§ 57d
§ 58
ČÁST OSMÁ
§ 59
§ 60
§ 61
ČÁST DEVÁTÁ
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
ČÁST DESÁTÁ
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
ČÁST JEDENÁCTÁ
§ 76
§ 77
§ 78
§ 79
ČÁST DVANÁCTÁ
§ 80
§ 81
ČÁST TŘINÁCTÁ
§ 82
§ 83
§ 84
ČÁST ČTRNÁCTÁ
§ 85
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Regulation Information
| Citation | Act No. 88 / 2024 Coll., on election management |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.04.2024 |
|---|---|
| Effective from | 01.01.2026 |
| Effective until | - |
| Status | Valid |
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