Act of the Czech National Council No. 94 / 1992 Coll.
Act of the Czech National Council amending and supplementing the Act of the Czech National Council No. 54 / 1990 Coll., on Elections to the Czech National Council, as amended by the laws of the Czech National Council No. 221 / 1990 Coll. and No. 435 / 1991 Coll.
Valid
Effective from 01.03.1992
Zobrazeno prvních 200 z celkem 265 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
94
THE LAW
Czech National Council
of 20 February 1992
amending and supplementing the Act of the Czech National Council No. 54 / 1990 Coll., on Elections to the Czech National Council, as amended by the laws of the Czech National Council No. 221 / 1990 Coll. and No. 435 / 1991 Coll.
The Czech National Council decided on this law:
The Act of the Czech National Council No. 54 / 1990 Coll., on elections to the Czech National Council, as amended by the laws of the Czech National Council No. 221 / 1990 Coll. and No. 435 / 1991 Coll., is amended as follows:
Article 1 (2) (1) reads as follows:
"(1) The citizens of the Czech and Slovak Federal Republics who have a permanent residence (1) in the Czech Republic have the right to vote, at the latest on the day of the election they have reached the age of 18 and are present on the election day in the territory of one of the electoral counties."
2. Reference 1 to Paragraph 2 (2) shall be renumbered as reference 2 and read as follows:
"2) Sections 10 and 855 of Civil Code No. 40 / 1964 Coll., as amended."
Article 3 (2) (3) reads as follows:
"(3) An obstacle to the exercise of electoral law is the statutory restriction of personal freedom
(a) protection of the health of the people, 3)
(b) the execution of a prison sentence. "
4. Article 7 (2) reads as follows:
"(2) Electoral districts and polling rooms for each district shall be determined by the municipal council or body acting as municipal council (hereinafter referred to as the" municipal council "), 5) no later than 30 days before the election date."
Reference 3 in § 5 is renumbered as reference 4.
5. Article 7 (5) reads as follows:
"(5) In the cells of police collateral (6) or in the places where the detention or disciplinary prison sentence is carried out, the possibility of exercising the right to vote on the basis of an electoral licence, in cooperation with the head of the relevant establishment, shall be ensured by the District Electoral Commission in whose district the facility is located. The size of the constituency referred to in paragraph 3 may not be maintained in this case. These persons shall choose, on the basis of the electoral licence they have requested, if they are not resident in that district. In the event of a demonstration, the competent department of the police force shall proceed in such a way as to enable the person presented to exercise his right to vote. '.
6. Reference 7 in Paragraph 8 (1) shall be deleted.
7. In Paragraph 8 (1), the third sentence is replaced by the following: "The head of the department in cooperation with the municipal or municipal authority which acts as the municipal office (hereinafter referred to as the" municipal office ") of the municipality of secondment shall immediately confirm this to the municipal authority responsible for the place of permanent residence of those members."
8. In Article 9 (1) and (2), the words "local national committee 'are replaced by the words" municipal office'.
9. In Paragraph 10 (1), the words "local national committee 'are replaced by the words" municipal office'.
Article 10 (2) reads as follows:
"(2) In municipalities with more than 5000 citizens on the electoral list, the municipal office will arrange for the list of voters who live in the house to be included in each house. The municipal authority in the municipality, which has fewer than 5000 citizens on the electoral list, shall arrange for the list of voters to be included in the spaces where members of the armed forces and armed security forces are housed in bulk. ';
11. in Article 11 (1), the words "local national committee" shall be replaced by the words "municipal office" and the words "or addition" shall be inserted after the word "correction."
12. The first and second sentences of Paragraph 11 (2) shall be replaced by the following sentence: "If the municipal office does not comply with the application, the citizen may submit a proposal (8) to the competent court for a decision to rectify or supplement the list."
In the third sentence, the words "local national committee 'are replaced by the words" municipal authority' and the words "or additions' are inserted after the words" correction '.
13. in Paragraph 12 (1), the words "local national committee" are replaced by the words "municipal office";
14. Paragraph 13 (1) reads as follows:
"(1) Elections for the Czech National Council are governed by the Czech Election Commission."
15. In Paragraph 13, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) He runs the election of the Regional Election Commission in the electoral regions.
(3) In the counties, the Regional Electoral Commission heads the elections. Regional Electoral Commission is also established in the capital of Prague; the definition of their territory is laid down in Annex 1 to this Law. ';
Paragraphs 2 and 3 shall be renumbered paragraphs 4 and 5.
16. the following paragraph 6 is inserted after the newly marked paragraph 5:
"(6) If elections to the Czech National Council are held at the same time as the elections to the Federal Assembly, the Regional Electoral Commission and the Regional Electoral Commission may be common to the elections to both legislative bodies."
Paragraphs 4 to 9 shall be renumbered paragraphs 7 to 12.
17. Reference No 8 shall also be renumbered as reference No 9 and Notes No 9 and 10 to Paragraph 13 of the newly marked paragraph 7 shall read:
"9) Act No. 424 / 1991 Coll., on association in political parties and political movements, as amended by Act No. 468 / 1991 Coll.
10) Paragraph 18 (10) of the Act. '
18. In Paragraph 13, renumbered in paragraph 8, the last sentence reads: "The promise shall be made by a member of the Electoral Commission by signing it under the written text of the promise."
19. Paragraph 13 of the newly marked paragraph 10 reads:
"(10) At its first meeting, the Election Commission shall elect a chairman and a Vice-Chair from among its members. The President and Vice-President of the Election Commission may not be representatives of the same political party. The oldest member of the Election Commission shall direct the draw. ';
20. Paragraph 13 of the newly marked paragraph 11 reads as follows:
"(11) The minutes of the Czech Electoral Commission are appointed and withdrawn by the Government of the Czech Republic. The registrar of the Regional Election Commission is appointed and removed by the Minister of Interior of the Czech Republic (hereinafter referred to as the Minister of Interior). The Regional Electoral Commission shall appoint and dismiss the registrar of the District Office. The registrar of the district electoral committees in the capital of Prague is appointed and recalled by the mayor of the capital of Prague. The registrations of the District Electoral Commission shall be appointed and withdrawn by the Mayor of the Municipality, the City, the City District or the City District (hereinafter the Mayor). Receptors must be designated in sufficient time to be able to carry out the tasks provided for in Paragraph 18; in the deliberations of the Election Committees, the rector shall have the right of an advisory vote. The clerk shall make a promise in the version referred to in paragraph 8. ';
21. In Paragraph 13, renumbered paragraph 12, the words "theirs' are deleted and the words" paragraph 5 'are replaced by the words "paragraph 8'.
22. in Article 15 (2), the words "Chairman of the relevant Regional National Committee" shall be replaced by the words "Minister of Interior."
23. in Article 15 (3) (b), the word "district" shall be replaced by "district."
24. in Article 15 (3) (e), the words "to the Regional National Committee" shall be replaced by "to the Ministry of the Interior."
25. The last sentence of Paragraph 16 (1) reads: "The first meeting of the Regional Electoral Commission shall be convened by the Head of the District Office; in the capital of Prague, Mayor of the capital of Prague. '
26. in Article 16 (2), the following shall be inserted:
'(a) oversees compliance with the electoral legislation;
(b) decide on complaints relating to the procedure of the district electoral commission and on appeals against their decisions. ";
The existing provisions under (a) to (c) shall be renumbered as under (c) to (e).
In the newly identified provision (e), the words "within the district 'are replaced by the words" within their jurisdiction'.
27. in Paragraph 17 (1):
"(1) Any political party whose candidate list has been registered in the electoral district of which the electoral district is part shall have the right to delegate at least 30 days before the election date to the district electoral commission. If the lowest number of members of the District Electoral Commission is not so achieved, it shall appoint members and alternate members for vacant posts of the Municipal Council. ';
28. Paragraph 17 (2) reads as follows:
"(2) The municipal council shall determine, taking into account local conditions, the lowest number of members of the District Electoral Commission, in such a way that the number of its members is at least three. ';
29. in Paragraph 17 (3), the words "Chairman of the local competent national committee" shall be replaced by the words "Mayor of the municipality concerned."
30. in Article 17 (5) (c), the words "to the local national committee" shall be replaced by the words "to the municipal office."
31. Paragraph 18, including the title, reads:
Candidate documents
(1) The candidates for elections to the Czech National Council may be submitted by political parties. Candidate documents shall be filed no later than 60 days before the date of the elections in a double-digit format by the registrar of the Regional Electoral Commission. The political party shall add:
(a) a declaration that it has at least 10,000 individual members; or
(b) in the event that it does not fulfil the condition set out in point (a), a petition requiring such political party to run, signed by so many other eligible voters, as the political party does not receive on the number of individual members. To sign the petition, the voter shall indicate his name, surname, birth number and residence upon presentation of the identity card. The signature under the petition cannot be withdrawn.
The Regional Electoral Commission may check the truthfulness of the data on the number of members or data in the petition.
(2) If a political party submits a candidate list in more than one electoral region, it will submit a petition to only one Regional Election Commission and will refer it to the other Regional Election Committees.
(3) Compliance with paragraph 1 (a) or (b) does not apply to political parties which have been represented in the Czech National Council by a parliamentary club 60 days before the date of the announcement of the elections or which have received at least 10 000 valid votes in the last elections to the Czech National Council.
(4) The schedule contains:
(a) the name of the political party;
(b) the name, surname, age, employment and residence of the candidates and their ranking on the candidate list, expressed in Arabic numerals.
(5) In addition to the information referred to in paragraph 4 (a), a political party may, on the list of candidates, be allowed. (b) also indicate their affiliation with a particular political party or that the candidate is not a member of any political party or that he is an independent candidate.
(6) In an annex to the list of candidates, a political party shall designate its agent and its two alternates and indicate their names, surnames and addresses. Neither the deputy nor his replacement can be a candidate. The political party is bound by the actions of its agent in electoral matters. The political party shall notify the Regional Election Commission of the appointment of the alternate as Agent.
(7) The Registrar shall establish whether the documents submitted and the annexes to them comply with the requirements laid down therein. If this is not the case, it shall draw the attention of the political party's agents. The minutes shall be signed by the political party agents.
(8) The highest number of candidates that a political party may list in the electoral district is set out in Annex 2 to this Act.
(9) A written declaration by the candidate that he or she agrees to his or her candidacy must be annexed to the list of candidates and that he or she is not aware of the obstacles to his or her selectivity.
(10) Political parties may agree to submit a joint candidate list. The provisions of this Act relating to a political party shall apply mutatis mutandis to the coalition thus established, unless otherwise provided for in that law (§ 42). Compliance with the conditions referred to in points (a), (b) and (2) of paragraph 1 shall be ascertained for all such political parties in the event of the submission of a common candidate list by a single political party. ';
32. in § 19 (2) (a), "§ 18 (7)" is replaced by "§ 18 (9)" and in § 19 (2) (c) "§ 18 (6)" is replaced by "§ 18 (8)";
33. In Article 19, the following paragraph 3 is inserted after paragraph 2:
"(3) The Regional Election Commission shall reject the candidate list if it does not fulfil the conditions laid down in Paragraph 18, the political party has not remedied the deficiencies within 24 hours of notification by the Regional Election Commission and the deficiencies cannot be remedied in the manner set out in paragraph 2. A political party may appeal to the Czech Electoral Commission against such a decision within 24 hours of its receipt."
Paragraph 3 shall become paragraph 4; paragraph 4 shall be deleted.
34. In Paragraph 20, the following paragraph 4 is inserted after paragraph 3:
"(4) The Czech Election Commission will reject the lists of candidates if they do not fulfil the conditions laid down in Paragraph 18, the political party has not removed the deficiencies within 24 hours of the Commission's notice and the deficiencies cannot be remedied in the manner set out in paragraph 2."
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
35. After Paragraph 20, the following Section 20a is inserted:
Registration of candidate documents
(1) On receipt of the minutes of the outcome of the election process, the Regional Election Commission shall register the candidate list no later than 45 days before the election date as valid and shall notify the political parties in writing. Registration is a condition for the reproduction of candidate lists.
(2) If, after the registration referred to in paragraph 1, the Regional Election Commission or the Czech Election Commission finds that the political party which has filed the nominee's instrument has been cancelled (11) or suspended, 12) the registration shall be revoked and the political party's agents notified in writing (§ 18 (6)).
(3) The list of candidates whose registration has been revoked pursuant to paragraph 2 shall be disregarded. ';
36. In the third sentence of Article 21 (1), the words "to the President of the Regional Electoral Commission who sends a copy 'shall be replaced by the words" to the President or to the Registry of the Regional Electoral Commission; the President of the Regional Electoral Commission shall send a copy'.
37.The following Section 21a is inserted after Section 21:
If the political party dissolves after registration by the Regional Electoral Commission, such political party shall not be taken into account in the division of the mandate. '
38. Paragraph 22, including the title, reads:
Voting lists
(1) The President of the Regional Election Commission will ensure, through the Ministry of the Interior of the Czech Republic (hereinafter referred to as the "Ministry of the Interior"), a copy of the ballots on which the drawn number of the list of candidates (Section 20 (5)), the name of the political party and details of all candidates and their ranking must be provided. The data on the ballots shall be identical to those on the candidate lists.
(2) The ballots must be printed in characters of the same type and size on paper of the same colour and quality and of the same size. The ballots shall bear the stamp of the Regional Election Commission.
(3) The President of the Regional Electoral Commission shall send the votes thus multiplied to the mayors of the municipalities, who shall ensure that the ballots are delivered to all voters not later than 3 days before the election date, as well as to all district committees on election day. '
39. in Article 23 (3) and (4), the words "the Board of the Local National Committee" shall be replaced by the words "the Municipal Council";
40. In Article 24 (1), the words "local national committee 'are replaced by the words" municipal office'.
(41) Paragraph 24 (2) shall be deleted; at the same time the numbering of the paragraphs shall be deleted.
42. In Article 26, the words "the Council of the Local National Committee 'are replaced by the words" the Mayor'.
43.In Paragraph 27 (1), "40 days" is replaced by "23 days."
44. Paragraph 27 (2) reads as follows:
"(2) At the time of the election campaign, each self-running political party shall have equal access to state public information and other services of the State and of the regional government. Within the broadcasting circuits of the Czech Radio and Czech Television, a total of 21 hours of broadcasting time are reserved for the election campaign, which will be divided equally between the candidate political parties so that no political party is significantly disadvantaged by the determination of the broadcasting time; the dates of the broadcast times shall be divided by a draw. Political parties have responsibility for the content of these programmes. Election agitation in radio and television broadcasting to licence holders is not allowed. '
45. In paragraph 27, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) At the time of the election campaign, it shall be prohibited to broadcast electoral speeches and electoral programmes other than those reserved for candidate political parties under paragraph 2 and to publish on the air any external speeches promoting candidate political parties. It is also prohibited to broadcast election agitations at times reserved for advertising in radio and television broadcasting or to use radio and television advertising for election agitation.
(4) It shall not be permitted to use local radio for election agitation of political parties, except for the mere announcement of the holding of electoral assemblies. '
46. Paragraph 3 shall become paragraph 5 and the words "local national committee 'shall be replaced by the words" municipal council'.
47. the following paragraph 6 is inserted after the newly marked paragraph 5:
"(6) Disputes and complaints concerning the electoral campaign in the state media of the Czech Republic are addressed by the Czech Election Commission; its decisions shall be binding. ';
Paragraphs 4 to 6 shall be renumbered paragraphs 7 to 9.
48. The first sentence of Paragraph 27, renumbered in paragraph 7, reads: "Electoral agitation for political parties is prohibited at 48 hours before the elections and on the day of the elections, and the publication of data which could harm the political party or candidate is prohibited, in the words, letters, sounds and images in the public media, in the buildings of the District Electoral Commission and in their immediate vicinity."
49. Paragraph 29 (2) reads as follows:
"(2) The voter will show his identity after arriving in the polling room and will receive an empty envelope of an official stamp from the District Electoral Commission, in both copies of the electoral list. These envelopes shall be opaque, of the same size, quality and colour. At the request of the electorate, the District Election Commission shall supply him with other ballots for missing, crossed out or otherwise marked. If the voter does not present a civil (military, personal) card and none of the members of the District Electoral Commission know him, the commission shall ask him to prove his identity by testifying to two of the well-known commission; if the voter does not do so by the end of the vote, the vote shall not be allowed. ';
50. In Paragraph 29 (4), the last sentence shall be deleted.
51. The first sentence of Paragraph 34 (1) reads: "After the vote is closed, the President of the District Electoral Commission shall seal the remaining unused ballots and envelopes and then open the ballot box."
52. In the first sentence of Paragraph 35 (1), the words "candidate lists" shall be deleted.
53. In the second sentence of Article 35 (2), the words "candidate lists of different political parties' shall be replaced by the words" voting lists for the benefit of different political parties' and, at the end of the paragraph, the period shall be replaced by a semicolon and the following words shall be added: "However, if the same number of priority votes have been submitted on multiple ballots but not for the same candidates, priority votes shall not be taken into account. '
54. The last sentence of Paragraph 36 (1) reads: "If one of the members of the District Electoral Commission has not signed the minutes, the reasons shall be given."
55. In Paragraph 37, the following paragraph 2 is inserted after paragraph 1:
"(2) If the chairman of the District Electoral Commission fails to fulfil the obligations referred to in paragraph 1 within 24 hours of the end of the vote, the District Electoral Commission may process the results of the votes in the other districts and transmit them to the Regional Electoral Commission. ';
Paragraph 2 shall become paragraph 3.
56. In Paragraph 37, renumbered paragraph 3, the words "to the local national committee 'are replaced by the words" to the municipal office'.
57. In Paragraph 38, the dot is replaced by a comma at the end and the following words are added: "as well as persons authorised by the Czech Electoral Commission."
58. In Paragraph 39 (2), the dot is replaced by the following at the end of the comma: "as well as the persons authorised by the Czech Electoral Commission."
59. The last sentence of Paragraph 40 (1) reads: "If one of the members of the Regional Electoral Commission has not signed the minutes, the reasons shall be given."
60. In Paragraph 40 (3), the words "to the competent national committee 'are replaced by the words" to the Ministry of the Interior'.
61. Paragraph 42, including the title, reads:
Progress of political parties to the first skrutinia
(1) The Czech Election Commission will find out how many valid votes have been cast for each political party, political movement and coalition.
(2) The Czech Election Commission will also find
(a) which less than five percent of political parties or political movements have obtained;
(b) which the Coalition of two political parties or political movements have obtained less than seven percent,
(c) obtained by the coalition of three political parties or, where appropriate, political movements of less than nine percent;
(d) which the coalition of at least four or more political parties or political movements have obtained less than 11 percent,
of the total number of votes cast.
Those political parties, political movements and coalitions and votes cast for them shall no longer be taken into account when further identifying electoral results and allocating mandates.
(3) If the Czech Electoral Commission finds that at least two coalitions or one coalition and one political party, or political movement, or two political parties, or political movements do not advance to the first skrutinia, it will reduce gradually.
(a) for political parties or, where appropriate, political movements, the five-per-cent limit at the four-per-cent and the three-per-cent limit;
(b) for the coalition referred to in paragraph 2 (b), (b) the seven percent limit at the six percent and the five percent limit,
(c) for the coalition referred to in paragraph 2 (b), (c) the limit of nine percent at the limit of eight percent and the limit of seven percent;
(d) for the coalition referred to in paragraph 2 (d), the 11% limit and the 9% limit.
(4) The first Skrutinium divides mandates within the electoral regions. '
62. in Paragraph 43, the following paragraph 3 is inserted after paragraph 2:
"(3) If more than one mandate has been allocated in this way, the remaining mandate shall be subtracted from the political party which has shown the smallest remainder of the division in the electoral district. With the same remainder of the division, the mandate shall be subtracted to a political party which has received a smaller number of votes in the electoral district; if the number of votes in force is the same, the ticket shall decide. ';
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
63. In Paragraph 43, renumbered paragraph 4, the words "who obtained an absolute majority of the votes of the electorate of a political party who exercised the right of priority vote 'are replaced by the words" who obtained a number of preferred votes of at least 15% of the total number of votes in force for the political party in the electoral region'.
64. In Paragraph 44 (2), the words "not later than the beginning of the second 'are replaced by the words" not later than 24 hours after the end of the first'.
65. The following sentence is added at the end of Paragraph 45 (1): "If one of the members of the Czech Electoral Commission has not signed the minutes, the reasons shall be given."
66. In Paragraph 48, the present text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) If a complaint has been lodged with the Supreme Court of the Czech Republic pursuant to Paragraph 47 (1), the Bureau of the Czech National Council shall take the necessary measures without undue delay after delivery of the opinion contained in the resolution of the Supreme Court of the Czech Republic.
(3) The measures referred to in paragraph 1 shall not be taken by the Bureau of the Czech National Council if the deficiencies identified could not affect the division of mandates between political parties. '
67. In Paragraph 49, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) If the political party has been cancelled, 11) the alternate does not board and the mandate remains vacant until the end of the parliamentary term.
(4) If the activity of a political party has been suspended, 12) the alternate shall not enter during the suspension. "
Paragraph 3 shall become paragraph 5.
68. In Paragraph 49, renumbered paragraph 5, the words "after the vacancy 'are replaced by the words" after the expiry of the mandate'.
69. in Paragraph 50 (1), the words "local national committees" are replaced by the words "municipal authorities."
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act of the Czech National Council No. 94 / 1992 Coll., amending and supplementing the Act of the Czech National Council No. 54 / 1990 Coll., on elections to the Czech National Council, as amended by the laws of the Czech National Council No. 221 / 1990 Coll. and No. 435 / 1991 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.02.1992 |
|---|---|
| Effective from | 01.03.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0