Act No. 90 / 2017 Coll.
Law amending electoral laws and some other laws
Valid
Effective from 13.04.2017
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90
THE LAW
of 8 March 2017
amending electoral laws and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Election Act to Parliament of the Czech Republic
Act No. 247 / 1995 Coll., on the Election to Parliament of the Czech Republic and on the amendment and addition of certain other laws, as amended by Act No. 212 / 1996 Coll., the finding of the Constitutional Court, declared under Act No. 243 / 1999 Coll., Act No. 204 / 2000 Coll., Act No. 230 / 2002 Coll., Act No. 62 / 2003 Coll., Act No. 418 / 2004 Coll., Act No. 323 / 2006 Coll., Act No. 59 / 2014 Coll., Act No. 114 / 2016 Coll., Act No. 322 / 2008 Coll., Act No. 320 / 2009 Coll.
1. in Paragraph 1 (5) (a), "4" is replaced by "2."
2. In the first sentence of Paragraph 6a (2), the words "signed by a recognised electronic signature of the voter or in electronic form 'shall be deleted.
3. in Article 11 (2), point (h) is deleted;
Points (i) to (m) shall be renumbered as points (h) to (l).
4. In Paragraph 11 (3), the comma at the end of point (h) is replaced by a dot and point (i) is deleted.
5. In Article 12, at the end of paragraph 6, the dot is replaced by a comma and the following point (f) is added:
"(f) the date, place and district or State of death or the date of death referred to in the court's decision on the declaration of death and the date of the acquisition of the legal authority of that decision.";
6. In Article 12, at the end of paragraph 7, the dot is replaced by a comma and the following point (g) is added:
"(g) the date, place and district or State of death or the date of death referred to in the court's decision on the declaration of death and the date on which the decision is acquired."
7. In Paragraph 14c, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The notice of initiation of the first meeting of the District Electoral Commission shall be sent by the Mayor to the delegates and appointed representatives in the data box or, where appropriate, to the address which they have communicated to him as the delivery address, to the address registered in the citizens' information system to which the documents are to be served, or to the address of their permanent residence, and at the same time to the official record of the municipal office; the notification shall be deemed to have been received on the day of the hanging on the official plate. ';
8. in Article 14e (3), the words "paragraph 1" shall be inserted after the words "pursuant to Article 14c."
9.Paragraph 14e (4) reads as follows:
"(4) The delegation of members and alternates referred to in paragraph 3 shall be carried out by personally delivering or sending to the Mayor, either in paper form or in electronic form; an official record shall be drawn up of the personal service or a receipt certified. The list shall include the name and surname, the date of birth, the address of the place of permanent residence of the member or alternate, as appropriate, and the name and surname of the agent of the political party, political movement or coalition, and, where appropriate, the name and surname of the person who is authorised to do so by the agent and who shall attach a copy of this written mandate to the list; in the case of an independent candidate, his name and surname. In addition, the list may include a telephone number, an e-mail address or an e-mail address of a member or, where appropriate, an alternate and an indication to which district election commissions are to be included; If this figure is missing, the mayor will include it in the district election boards. The list shall be signed by an agent of a political party, political movement or coalition, the person authorised to delegate the members and alternates referred to in paragraph 3, or an independent candidate. ';
10. in Paragraph 32 (1) (c), the word "gender" shall be inserted after the word "candidates,"
11. in § 32 (2) and in § 61 (2) (b), the words "birth number" shall be replaced by "date of birth."
12. Article 45 shall be deleted, including the title.
13. in Article 55 (1), the words "paragraph 1" shall be inserted after the words "paragraph 14c" and the words "paragraph 33 (1) last sentence" shall be replaced by "paragraph 33 (1) second sentence."
14. in Paragraph 61 (1) (a), the word "sex" shall be inserted after the word "candidate,"
15. in Paragraph 61 (2) (d), the words "birth numbers" are replaced by the words "birth dates."
16. Article 72a shall be deleted, including the title.
17. Paragraph 80 (2) reads as follows:
"(2) The provisions of this Act shall apply to supplementary elections, provided that the time limits laid down in Sections 1 (3), 14c (1) (c) and (d), 14e (3) and 61 (2) (e) are reduced by one third. The time limits referred to in Articles 14c (1) (f), 60 (4) and 62 (1) to (3) and (6) shall be reduced by 20 days; Article 62 (7) shall be reduced to 8 days. ';
Transitional provision
In the elections to the Chamber of Deputies and in the Senate elections announced before the date of entry into force of this Act, Act No. 247 / 1995 Coll., as effective before the date of entry into force of this Act, shall apply.
Amendment to the Regional Council Act
Act No. 130 / 2000 Coll., on elections to regional councils and amending certain laws, as amended by Act No. 273 / 2001 Coll., Act No. 37 / 2002 Coll., Act No. 230 / 2002 Coll., Act No. 320 / 2009 Coll., Act No. 222 / 2012 Coll., Act No. 58 / 2014 Coll., Act No. 114 / 2016 Coll. and Act No. 322 / 2016 Coll., are amended as follows:
1. in Article 4 (2) (d), the words "basic or alternative military services, (7) if the security of the State so requires" shall be replaced by the words "professional service of an occupational soldier abroad or the performance of the service of a soldier in reserve abroad."
footnote 7 is deleted.
2. in Article 10 (2), point (h) is deleted;
Points (i) to (l) shall be renumbered as points (h) to (k).
3. In Article 10 (3), the words "(§ 42 (2)), draw up and sign a record of the outcome of the elections for the regional council (§ 42 (3) and (5) and send summary information on the outcome of the elections at regional level to the political party agents (§ 42 (7)) 'are replaced by the words" (§ 42 (1)), and draw up and sign a record of the outcome of the elections for the regional council (§ 42 (2) and (4)'.
4. In Article 11 (2), "[Paragraph 42 (5) (b)] 'is replaced by" [Paragraph 42 (4) (b)]'.
5. In Article 11, at the end of paragraph 4, the dot is replaced by a comma and the following point (f) is added:
"(f) the date, place and district or State of death or the date of death referred to in the court's decision on the declaration of death and the date of the acquisition of the legal authority of that decision.";
6. In Article 11, at the end of paragraph 5, the dot is replaced by a comma and the following point (g) is added:
"(g) the date, place and district or State of death or the date of death referred to in the court's decision on the declaration of death and the date on which the decision is acquired."
7. In Paragraph 15, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The notice of initiation of the first meeting of the District Electoral Commission shall be sent by the Mayor to the delegates and appointed representatives in the data box or, where appropriate, to the address which they have communicated to him as the delivery address, to the address registered in the citizens' information system to which the documents are to be served, or to the address of their permanent residence, and at the same time to the official record of the municipal office; the notification shall be deemed to have been received on the day of the hanging on the official plate. ';
8. In Paragraph 17 (2), the words "paragraph 1 'are inserted after the words" pursuant to Paragraph 15'.
9. Paragraph 17 (3) reads as follows:
"(3) The delegation of members and alternates referred to in paragraph 2 shall be carried out by personally delivering or sending to the Mayor, either in paper form or in electronic form; an official record shall be drawn up of the personal service or a receipt certified. The list shall include the name and surname, the date of birth, the address of the permanent residence of the member or alternate, as the case may be, and the name and surname of the agent of the political party, political movement or coalition, and, where appropriate, the name and surname of the person to whom the agent is responsible and who shall attach a copy of this written mandate to the list. In addition, the list may include a telephone number, an e-mail address or an e-mail address of a member or, where appropriate, an alternate and an indication to which district election commissions are to be included; If this figure is missing, the mayor will include it in the district election boards. The list shall be signed by an agent of a political party, political movement or coalition or by a person authorised to delegate members and alternates as referred to in paragraph 2. ';
10. in Article 21 (1) (c), the word "gender" shall be inserted after the word "candidates,"
11. in Paragraph 21 (2), the words "birth number" are replaced by the words "date of birth";
12. In the first sentence of Paragraph 26a (2), the words "signed by a recognised electronic signature of the voter or in electronic form 'shall be deleted.
13. in Paragraph 41 (4), the second sentence is deleted;
14. Paragraph 42 (1) and (7) are deleted.
Paragraphs 2 to 6 shall be renumbered paragraphs 1 to 5.
15. in Paragraph 42 (2), the second sentence is deleted;
Transitional provision
In elections to regional councils declared before the date of entry into force of this Act, Act No. 130 / 2000 Coll., as effective before the date of entry into force of this Act, shall apply.
Amendment of the municipal council election law
Act No. 491 / 2001 Coll., on elections to municipal councils and amending certain laws, as amended by Act No. 230 / 2002 Coll., Act No. 320 / 2009 Coll., Act No. 222 / 2012 Coll., Act No. 275 / 2012 Coll., Act No. 58 / 2014 Coll., Act No. 114 / 2016 Coll. and Act No. 322 / 2016 Coll., is amended as follows:
1. in Article 4 (2) (d), the words "military basic or substitute services, 9) if required by the performance of the obligations arising from this service or the service of an occupational soldier abroad. 10) 'shall be replaced by" the services of an occupational soldier abroad or the performance of a soldier in reserve abroad.'.
footnotes 9 and 10 are deleted.
2. in Article 9 (2), point (h) is deleted;
Points (i) to (l) shall be renumbered as points (h) to (k).
3. In Paragraph 9 (3), the comma at the end of point (f) is replaced by a dot and point (g) is deleted.
4. In Article 12, at the end of paragraphs 4 and 5, the dot is replaced by a comma and the following point (f) is added:
"(f) the date, place and district or State of death or the date of death referred to in the court's decision on the declaration of death and the date of the acquisition of the legal authority of that decision.";
5. in Article 12 (6), the following point (f) is inserted after point (e):
"(f) the date, place and district or State of death or the date of death referred to in the court's decision on the declaration of death and the date on which that decision becomes legally competent;"
Point (f) shall be renumbered as point (g).
6. In Article 15, the words "and enter them in the basic register of territorial identification, addresses and real estate 'shall be added at the end of the text in point (a).
7. In Paragraph 15, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The notice of initiation of the first meeting of the District Electoral Commission shall be sent by the Mayor to the delegates and appointed representatives in the data box or, where appropriate, to the address which they have communicated to him as the delivery address, to the address registered in the citizens' information system to which the documents are to be served, or to the address of their permanent residence, and at the same time to the official record of the municipal office; the notification shall be deemed to have been received on the day of the hanging on the official plate. ';
8. In Paragraph 17 (2), the words "paragraph 1 'are inserted after the words" pursuant to Paragraph 15'.
9. Paragraph 17 (3) reads as follows:
"(3) The delegation of members and alternates referred to in paragraph 2 shall be carried out by personally delivering or sending to the Mayor, either in paper form or in electronic form; an official record shall be drawn up of the personal service or a receipt certified. The list shall include the name and surname, the date of birth, the address of the permanent residence of the member or, where applicable, the alternate or, where applicable, the temporary residence, if any, of the alien referred to in Article 4 (1), and the name and surname of the political party agent, political movement or coalition or other electoral party, unless it is an independent candidate or, where applicable, the name and surname of the person authorised to do so by the agent and who shall attach a copy of this written mandate to the list; in the case of an independent candidate, his name and surname. In addition, the list may include a telephone number, an e-mail address or an e-mail address of a member or, where appropriate, an alternate and an indication to which district election commissions are to be included; If this figure is missing, the mayor will include it in the district election boards. The list shall be signed by an agent of a political party, political movement or coalition or other electoral party, unless it is an independent candidate, the person authorised to delegate the members and alternates referred to in paragraph 2, or an independent candidate. ';
10. in Paragraph 22 (1) (d), the word "sex" shall be inserted after the word "candidates,"
11. in Article 26 (2), the third sentence shall be replaced by the sentence "Identifying data, links to other territorial elements and location data on constituencies shall be entered in the basic register of territorial identification, addresses and real estate by the editor of such data, who is the mayor, through the territorial identification information system."
12. in Paragraph 43 (4), the second sentence is deleted;
13. Article 44 shall be deleted;
14. Paragraph 49 shall be deleted, including the title.
15. in Paragraph 58 (3):
"(3) The provisions of this Act shall apply mutatis mutandis to new elections, except for the creation of the Czech Statistical Office at the Regional Office pursuant to § 9 (2) (a)."
Transitional provisions
1. Act No. 491 / 2001 Coll., as effective before the date of entry into force of this Act, shall apply in the elections to the municipal councils.
2. The data listed in § 12 (4) (f), § 12 (5) (f) and § 12 (6) (f) of Act No. 491 / 2001 Coll., as effective from the date of entry into force of this Act, may be used for the first time for the purpose of maintaining the permanent list of voters pursuant to § 14 (2) of Act No. 491 / 2001 Coll., as effective before the date of entry into force of this Act, on 1 January 2019.
Amendment of the Election Act to the European Parliament
Act No. 62 / 2003 Coll., on elections to the European Parliament and amending certain laws, as amended by Act No. 320 / 2009 Coll., Act No. 222 / 2012 Coll., Act No. 58 / 2014 Coll., Act No. 114 / 2016 Coll. and Act No. 322 / 2016 Coll., is amended as follows:
1. In Article 9, at the end of paragraphs 4 and 5, the dot is replaced by a comma and the following point (f) is added:
"(f) the date, place and district or State of death or the date of death referred to in the court's decision on the declaration of death and the date of the acquisition of the legal authority of that decision.";
2. in Article 9 (6), the following point (g) is inserted after point (f):
'(g) the date, place and district or State of death or the date of death referred to in the court's decision on the declaration of death and the date on which the decision is acquired;';
Point (g) shall be renumbered as point (h).
3. In Paragraph 16, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The notice of initiation of the first meeting of the District Electoral Commission shall be sent by the Mayor to the delegates and appointed representatives in the data box or, where appropriate, to the address which they have communicated to him as the delivery address, to the address registered in the citizens' information system to which the documents are to be served, or to the address of their permanent residence, and at the same time to the official record of the municipal office; the notification shall be deemed to have been received on the day of the hanging on the official plate. ';
4. In Paragraph 18 (3), the words "paragraph 1 'are inserted after the words" paragraph 16'.
5. Paragraph 18 (4) reads as follows:
"(4) The delegation of members and alternates referred to in paragraph 3 shall be carried out by personally delivering or sending to the Mayor, either in paper form or in electronic form; an official record shall be drawn up of the personal service or a receipt certified. The list shall include the name and surname, the date of birth, the address of the permanent residence of the member or, where applicable, the alternate or, where applicable, the temporary residence, if any, of a citizen of another Member State, and the name and surname of the political party, political movement or coalition agent, and, where applicable, the name and surname of the person authorised to do so by the agent, which shall accompany the copy of this written mandate to the list. In addition, the list may include a telephone number, an e-mail address or an e-mail address of a member or, where appropriate, an alternate and an indication to which district election commissions are to be included; If this figure is missing, the mayor will include it in the district election boards. The list shall be signed by an agent of a political party, political movement or coalition or by a person authorised to delegate the members and alternates referred to in paragraph 3. ';
6. Paragraph 30 (2) reads as follows:
"(2) The voter may request the issue of an election card from the date of the election announcement, in person, until the closing of the list of voters for elections to the European Parliament or the conclusion of a special list of voters held by the representative office or by submission received no later than 7 days before the election date to the municipal office or representative office; such submission shall be in paper form, accompanied by an officially certified signature of the electorate or in electronic form sent by means of a data box; an official record shall be drawn up of the request made in person. The municipal office or representative office shall, not earlier than 15 days before the election date, forward the electoral licence in person to the electorate or to a person who has been demonstrated to be in full power with the certified signature of the electorate requesting the electoral licence or sending it. The municipal office or representative office shall not issue an election card if it receives a message from the Ministry of the Interior that the voter has applied for entry on the electoral list in another Member State. ';
Transitional provision
In elections to the European Parliament announced before the date of entry into force of this Act, Act No. 62 / 2003 Coll., as effective before the date of entry into force of this Act, shall apply.
Amendment to the law on the election of the President of the Republic
Act No. 275 / 2012 Coll., on the election of the President of the Republic and on the amendment of certain laws (Act on the election of the President of the Republic), as amended by the statutory measure of the Senate No. 340 / 2013 Coll., the statutory measure of the Senate No. 344 / 2013 Coll., Act No. 58 / 2014 Coll., Act No. 114 / 2016 Coll., Act No. 222 / 2016 Coll. and Act No. 322 / 2016 Coll., is amended as follows:
1. in Paragraph 2 (4) (a), "4" is replaced by "2."
2. In Article 8, at the end of paragraph 3, the dot is replaced by a comma and the following points (c) and (d) are added:
"(c) data from the information system for the registration of civil certificates,
(d) data from the travel document registration information system. ';
3. In Article 8, at the end of paragraph 4, the dot is replaced by a comma and the following points (f) and (g) are added:
"(f) numbers of electronically readable identification documents;
(g) the date, place and district or State of death or the date of death referred to in the court's decision on the declaration of death and the date on which the decision is acquired. "
4. In Article 8, at the end of paragraph 5, the dot is replaced by a comma and the following point (f) is added:
"(f) the date, place and district or State of death or the date of death referred to in the court's decision on the declaration of death and the date of the acquisition of the legal authority of that decision.";
5. in Paragraph 8, the following paragraphs 6 and 7 are inserted after paragraph 5:
"(6) The data used under paragraph 3 (c) shall be:
(a) name, surname, date of birth, address of permanent residence;
(b) the number or series of identity cards, where appropriate;
(c) the date of death; if the court's decision on the declaration of death is given, the date indicated in the decision as the day of death or the day which the citizen declared dead did not survive,
(d) expiry date and date of shredding of the identity card;
(e) the numbers and, where applicable, the series of lost, stolen, destroyed or invalidated identity cards and the date of the declaration of loss, theft or destruction of the identity card.
(7) The data used under paragraph 3 (d) are:
(a) name, surname, date of birth, address of permanent residence;
(b) passport number,
(c) the date of death; if the court's decision on the declaration of death is given, the date indicated in the decision as the day of death or the day which the citizen declared dead did not survive,
(d) the expiry date of the passport;
(e) the number, type, date of issue and expiry date of the lost, stolen or invalidated passport and the date and place of notification of its loss or theft. ';
Paragraphs 6 and 7 shall be renumbered paragraphs 8 and 9.
6. Paragraph 14 (2) reads as follows:
"(2) The notice of initiation of the first meeting of the District Electoral Commission shall be sent by the Mayor to the delegates and appointed representatives in the data box or, where appropriate, to the address which they have communicated to him as the delivery address, to the address registered in the citizens' information system to which the documents are to be served, or to the address of their permanent residence, and at the same time to the official record of the municipal office; the notification shall be deemed to have been received on the day of the hanging on the official plate. ';
7. Paragraph 18 (3) reads as follows:
"(3) The delegation of members and alternates referred to in paragraph 2 shall be carried out by personally delivering or sending to the Mayor, either in paper form or in electronic form; an official record shall be drawn up of the personal service or a receipt certified. The list shall include the name and surname, the date of birth, the address of the permanent residence of the member or alternate, as the case may be, and the name and surname of the person authorised to act on behalf of a political party or political movement, or the name and surname of the citizen who is entitled to propose a candidate for the office of President of the Republic and which has been submitted by him or her, the name and surname of the person authorised to act in writing, accompanied by a copy of the written mandate to the list. In addition, the list may include a telephone number, an e-mail address or an e-mail address of a member or, where appropriate, an alternate and an indication to which district election commissions are to be included; If this figure is missing, the mayor will include it in the district election boards. The list shall be signed by a person authorised to act on behalf of a political party or political movement, a citizen who is entitled to propose a candidate for the presidency of the Republic and who has been registered by him or the person in charge of the delegation of members and alternates referred to in paragraph 2. ';
8. In Paragraph 22 (3), the words "signed by a recognised electronic signature or delivered via a data box 'are deleted.
9. In the first sentence of Paragraph 22 (5), the word "signed 'shall be inserted after the word" service'.
10. In the second sentence of Paragraph 22 (5), the words "signed by a recognised electronic signature or delivered by means of a data box 'are deleted.
11. in Paragraph 25 (1), the words "if it is a candidate letter submitted by the proposing citizen, the date on which the petition was first signed shall be added at the end of the text in point (c)."
12. in Article 25 (3) and (4):
"(3) If he submits a candidate letter proposing a citizen, he shall attach a petition signed by at least 50 000 citizens entitled to vote for the President of the Republic. The petition includes numbered signature sheets. The heading of the petition and the heading of each of its numbered signature sheets shall indicate the fact that the petition is intended to support the candidate's candidacy, his name and surname, the year of birth and the year of the President's election. Any citizen supporting the candidate's candidacy shall indicate on the signature sheet his name, surname, date of birth, address of permanent residence or indication that he does not have a permanent residence on the territory of the Czech Republic, and the ID card or passport number indicating the type of document in question and shall attach his own signature.
(4) The Ministry of the Interior will determine the total number of citizens entitled to vote for the President of the Republic signed on the petition. The total number shall not include a citizen whose signature is indicated on the signature sheet, which is not accompanied by the header in accordance with paragraph 3, or if one of the particulars referred to in paragraph 3 of the fourth sentence is missing or is incomplete. ';
13. In Article 25 (6), the words "for which incorrect information has been found," shall be inserted after the word "citizens."
14. in Paragraph 26 (2) (d), the word "Annex" is replaced by the word "petition."
15. in Article 26 (5), the words "and the document shall be signed by an official by a recognised electronic signature" shall be deleted;
16. In the first sentence of Article 27 (1), the words "by electronic means signed by a recognised electronic signature of the candidate or delivered by means of a data box 'are replaced by the words" by means of a data box'.
17. in the second sentence of Article 33 (1), the words "signed by a recognised electronic signature or" shall be deleted.
Transitional provision
In the election of the President of the Republic, published before the date of entry into force of this Act, Act No. 275 / 2012 Coll., as effective before the date of entry into force of this Act, shall apply.
Amendment to the Constitutional Court Act
Act No. 182 / 1993 Coll., on the Constitutional Court, as amended by Act No. 331 / 1993 Coll., Act No. 236 / 1995 Coll., Act No. 77 / 1998 Coll., Act No. 18 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 48 / 2002 Coll., Act No. 202 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 114 / 2003 Coll., Act No. 83 / 2004 Coll., Act No. 120 / 2004 Coll., Act No. 234 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 227 / 2009 Coll., Act No. 275 / 2012 Coll., Act No. 404 / 2012 Coll., Act No. 303 / 2013 Coll., is amended as follows:
1. In Paragraph 25a, at the end of paragraph 1, the dot is replaced by a comma and the following points (d) and (e) are added:
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Regulation Information
| Citation | Act No. 90 / 2017 Coll., amending electoral laws and certain other laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.03.2017 |
|---|---|
| Effective from | 13.04.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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