Act No. 230 / 2002 Coll.
Act amending Act No. 247 / 1995 Coll., on Elections to the Parliament of the Czech Republic and amending and supplementing certain other laws, as amended, Act No. 130 / 2000 Coll., on Elections to the Councils of the Regions and on the Amendment of Certain Acts, as amended, and Act No. 491 / 2001 Coll., on Elections to the Councils of the Municipality and on the Amendment of Certain Acts
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Effective from 01.01.2003
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230
THE LAW
of 10 May 2002
amending Act No. 247 / 1995 Coll., on Elections to the Parliament of the Czech Republic and amending and supplementing certain other laws, as amended, Act No. 130 / 2000 Coll., on Elections to the Councils of the Regions and amending certain laws, as amended, and Act No. 491 / 2001 Coll., on Elections to the Councils of the Municipality and amending certain 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 elections to Parliament of the Czech Republic and amending and supplementing certain other laws, as amended by Act No. 212 / 1996 Coll., the Constitutional Court found published under No. 243 / 1999 Coll., Act No. 204 / 2000 Coll., the Constitutional Court found under No. 64 / 2001 Coll., Act No. 37 / 2002 Coll. and Act No. 171 / 2002 Coll., is amended as follows:
1. in Article 7 (1) (e):
"(e) the Regional Office, in the capital of Prague, the Magistrate of the Capital City of Prague (hereinafter the" Regional Office ") for elections to the Chamber of Deputies,"
2. in Article 7 (1) (f):
"(f) the entrusted municipal office in the headquarters of the constituency, in the capital of Prague, the municipal office in the headquarters of the constituency, which is set out in Annex 3 to this Act, and in the cities of Brno, Ostrava and Plzeň, the magistrates of these cities (hereinafter referred to as the" entrusted municipal office in the headquarters of the constituency ") for elections to the Senate,"
3. in Article 7 (1), point (g) shall be deleted;
Points (h), (i), (j), (k), (l) and (m) shall be renumbered as points (g), (h), (i), (j), (k) and (l).
4. In Article 9 (2) (c), the words "to the county authorities in the county seat and to the county offices in the constituency seat 'are replaced by the words" to the regional authorities and to the entrusted municipal offices in the constituency'.
5. in Article 9 (2) (g), including footnote 5j, the following shall be added:
"(g) provides for the verification of eligibility on the part of the elections for the employees of the capital city of Prague who are assigned to the Municipality of the capital of Prague and for the staff of the municipal part of the capital of Prague who are assigned to the headquarters of the constituency responsible for the activities of the section of the elections, who will show the necessary knowledge by examination; issue a certificate of positive outcome of the eligibility check; the verification of competence in the election section shall replace the demonstration of specific competence in accordance with specific legislation. 5j)
5j) Sections 84 and 103 of Act No. 131 / 2000 Coll., on the Capital City of Prague, as amended by Act No. 145 / 2001 Coll. Decree No. 345 / 2000 Coll., on the verification of the special professional competence of the employees of municipalities, counties, capital cities of Prague, the urban parts of the capital of Prague and the district offices, persons leading special bodies established under special laws and the chairmen of the commissions entrusted with the exercise of the delegation of powers (Decree on Special Proficiency), as amended by Decree No. 427 / 2000 Coll. '
6. in Article 11 (2) (a), the words "district offices of the county, regional offices of the constituency" shall be replaced by the words "regional offices of the county, municipal offices of the constituency" and the words "district offices" shall be replaced by "regional offices of the municipal authorities."
7. In Article 11 (2) (c), the words "the district office of the county or district office of the constituency 'are replaced by the words" the county office or the municipal office of the constituency'.
8. In Article 11 (2) (j), the words "the district office of the county and the district office of the constituency 'are replaced by the words" the regional office and the municipal office of the constituency'.
9. In Article 11 (2) (l), the words "the district office 'are replaced by the words" the entrusted municipal office'.
10. In Section 12 of the title: "Regional Office."
11. In Article 12 (1), the introductory phrase is "Regional Elections Office for the Chamber of Deputies."
12. in the introductory wording of Article 12 (2), the words "the district office of the county which has a certificate under a specific legislation, 5c)" shall be replaced by the words "the county authorities which have a certificate under a specific law, 5k)."
13. in Article 12, paragraphs 3 and 4 are added, including footnote 5k:
"(3) Regional Elections Office for the Chamber of Deputies and the Senate
(a) deal with complaints about organisational technical security at municipal level;
(b) checks the voting process in the electoral rooms;
(c) impose fines under this law;
d) cooperates with the Czech Statistical Office to provide the necessary technical equipment and manpower for the workplace created by the entrusted municipal authorities.
(4) The activity referred to in paragraph 3 (b) may be carried out only by a member of the county staff who is assigned to a regional office certified under a specific legislation. 5k)
5k) Act No. 491 / 2001 Coll., on elections to municipal councils and amending certain laws, as amended by Act No. 230 / 2002 Coll. '.
14. In Section 13, the title reads: "The municipal office in charge of the constituency."
15. in the introductory wording of Article 13 (1), the words "the District Office" shall be replaced by the words "the municipal office responsible."
16. in Article 13 (2), the words "the District Office" shall be replaced by the words "a municipality included in the entrusted municipal office."
17. Article 14 shall be deleted;
18. In Paragraph 14a, the current text is renumbered paragraph 1 and at the end, the dot is replaced by a comma and the following points (c) and (d) are added:
"(c) checks the voting process in the ballot rooms;
(d) control the count of votes by the District Electoral Commission. ';
19. in Article 14a, the following paragraph 2 is added:
"(2) The activities referred to in paragraph 1 (c) and (d) may be carried out only by a member of the staff of the municipality who is assigned to a municipal office certified under special legislature.5c) '.
20. In the second sentence of Article 16 (5), the words "district office 'are replaced by the words" regional office'.
21. In the third sentence of Article 16 (7), the words "district office 'are replaced by the words" county office' and in the last sentence the words "district office 'are replaced by the words" county'.
22. In Article 21 (2), the second sentence is replaced by the following sentence: "The District Electoral Commission shall inform the electorate of such a measure in a manner that is normal at the place and the municipal office and the municipal office responsible; inform also the regional authority responsible for the elections to the Chamber of Deputies or the competent municipal authority responsible in the constituency of the Senate. ';
23. in the first sentence of Article 21a (1), the words "the district office" shall be replaced by the words "the regional or subregional council."
24. in § 21a (2), first and second sentences, the words "the District Office" shall be replaced by the words "the Regional Office and the entrusted Municipal Office"; in the third sentence, the words "the district office 'shall be replaced by the words" the regional or municipal authority';
25. in Article 23, the words "the District Office" shall be replaced by the words "the municipality of inclusion in the entrusted municipal office," and after the words "the Code, 5c)" shall be inserted the words "the county staff certified under special legislation, 5k)."
26. In the first sentence of Paragraph 31 (3), the words "the district office in the county seat 'are replaced by the words" the regional office'; in the second sentence, the words "the district office in the county seat 'are replaced by the words" the regional office';
27. in the second sentence of Article 31 (4), the words "the district office of the county" shall be replaced by the words "the county office."
28. In the last sentence of Paragraph 32 (5), the words "the district office of the county 'are replaced by the words" the county office'.
29. In the first sentence of Article 33 (1), the words "Regional Office of the Region 'are replaced by the words" Regional Office'; in the second sentence, the words "Regional Office of the Region 'are replaced by the words" Regional Office'.
30. In Section 33 (2), in the introductory wording, the words "district office of the county 'are replaced by the words" regional office'.
31. in Article 33 (2) (b), the words "district offices in the county" shall be replaced by the words "regional offices."
32. in Article 33 (3), introductory wording, the words "Regional Office of the Region" shall be replaced by the words "Regional Office."
33. In Paragraph 33 (4), the words "Regional Office of the Region" are replaced by the words "Regional Office" and "Regional Office of the Region" are replaced by the words "Regional Office."
34. In the last sentence of Paragraph 33 (5), the words "county office in the seat of the electoral district 'shall be replaced by the words" regional office'.
35. in Article 33 (6), the words "the district office of the county" shall be replaced by the words "the county office" and the words "regional offices" shall be replaced by the words "regional offices."
36. In the first sentence of Article 33 (7), the words "the district office of the county 'are replaced by the words" the county office'.
37. in § 33 (8), first and second sentences, the words "district office of the county" shall be replaced by the words "county office"; in the second sentence, the words "district office of the county" shall be replaced by "county."
38. In Article 36 (2), the words "the Regional Office of the Region 'are replaced by the words" the Regional Office'.
39. in Paragraph 36 (3), the words "the district office of the county" shall be replaced by the words "the county office."
40. In the second sentence of Article 36 (4), the words "Regional Office of the Region 'are replaced by the words" Regional Office'.
41. In the first sentence of Paragraph 38 (1), the words "district office of the county 'are replaced by the words" regional office'.
42. In the second sentence of Paragraph 38 (3), the words "district office of the county 'are replaced by the words" regional office'.
43.Paragraph 38 (4) reads as follows:
"(4) Voting tickets shall be sent by the Regional Authority through the municipal authorities responsible to the mayors, who shall ensure that voting tickets are delivered to all voters no later than 3 days before the election date and on the election day to all regional election committees. In the municipalities where there is no mayor, the delivery of ballots to voters within the prescribed time limit shall be ensured by the Vice-Mayor and, if the Deputy Mayor, Director of the Regional Office, in the capital of Prague, is not the Director of the Magistrates (hereinafter the" Director of the Regional Office ').'
44. In the first sentence of Article 38 (5), the words "the district office of the county 'are replaced by the words" the county office'.
45. in § 38 (6), first and second sentences, the words "district office of the county" shall be replaced by the words "regional office."
46. In the first sentence of Paragraph 43 (7), the words "the district office 'are replaced by the words" the regional or entrusted municipal office'.
47. in Paragraph 46 (1), the words "the District Office of the Region" shall be replaced by the words "the Regional Office."
48. In Article 46 (2), the words "the district office of the county 'are replaced by the words" the county office'.
49. in Article 46 (4) (a) and (b):
'(a) the Director of the Regional Office,
(b) a member of the county staff assigned to the regional office; ';
50. In the first sentence of Paragraph 46 (5), the words "the district office of the county 'are replaced by the words" the regional office'.
51. In the first sentence of Article 60 (4), the words "the district office 'shall be replaced by the words" the entrusted municipal office' and the words "the district office 'respectively.
52.In Paragraph 61 (2) (e), the words "district office 'are replaced by the words" municipal office'.
53. In the third sentence of Paragraph 61 (3), the words "the district office 'are replaced by the words" the entrusted municipal office'.
54. In the first sentence of Paragraph 62 (1), the words "the District Office 'are replaced by the words" the entrusted Municipal Office' and in the second sentence the words "the District Office 'are replaced by the words" the entrusted Municipal Office'.
55. in Article 62 (2), the words "the district office" shall be replaced by "the municipal office responsible."
56. in Paragraph 62 (2) (f), the words "district authorities" shall be replaced by the words "entrusted municipal authorities."
57. in Paragraph 62 (3), the words "the District Office" shall be replaced by the words "the municipal office responsible."
58. In the first sentence of Paragraph 62 (4), the words "the Regional Office 'are replaced by the words" the entrusted municipal office' and in the sentence of the second words "the District Office 'are replaced by the words" the entrusted municipal office'.
59. In the last sentence of Paragraph 62 (5), the words "the District Office 'shall be replaced by the words" a municipality included in the entrusted municipal office'.
60. In the first sentence of Paragraph 62 (6), the words "District Office 'are replaced by the words" Authorised Municipal Office'.
61. In the first sentence of Paragraph 62 (7), the words "district office 'are replaced by the words" municipal office'.
62. In the first and second sentences of Paragraph 62 (8), the words "district office 'are replaced by the words" municipal office' and in the second sentence the words "district office 'are replaced by the words" municipality'.
63. In Paragraph 66 (2), the words "the district office 'are replaced by the words" the entrusted municipal office'.
64. In the second sentence of Paragraph 66 (3), the words "the District Office 'are replaced by the words" the entrusted municipal office'.
65.In Paragraph 67 (1), the words "the district office" shall be replaced by the words "the municipal office responsible."
66. In the second sentence of Paragraph 67 (3), the words "the District Office 'are replaced by the words" the entrusted Municipal Office'.
67.In Paragraph 67 (4), the words "district office 'shall be replaced by the words" municipal office', the words "district offices', the words" municipal offices' and the words "regional office's head '.
68. In Paragraph 67 (5), the words "district office 'are replaced by the words" municipal office'.
69. In the first sentence of Article 72 (5), the words "the district office 'are replaced by the words" the regional or entrusted municipal office'.
70. in Article 72a (1), the words "the district office" shall be replaced by the words "the municipal office" and the words "the district office";
71. in Paragraph 73 (1), the words "the District Office" shall be replaced by the words "the entrusted Municipal Office";
72. In Paragraph 73 (2), the words "the district office 'are replaced by the words" the entrusted municipal office'.
73.In Article 73 (4) (a) and (b):
"(a) the mayor of the municipality with an authorised municipal office at the seat of the constituency,
(b) an employee of a municipality assigned to an authorised municipal office in the seat of the constituency, '.
74. In the first sentence of Paragraph 73 (5), the words "district office 'are replaced by the words" municipal office'.
75. in § 76 (1), the words "district office" shall be replaced by the words "municipal office responsible."
76.
"(3) If, before the second round of elections in the constituency, the candidate renounces his candidacy, loses his right to be elected or dies, the candidate who placed himself in third place in the first round of the election shall proceed to the second round of elections; in that case, the second round of elections shall be held on the 13th day following the end of the vote in the first round. ';
77. In the second sentence of Article 76 (4), the words "district office 'are replaced by the words" municipal office' and the words "district offices'.
78. In Paragraph 76, the following part of the sentence shall be added at the end of paragraph 6: "; Paragraph 66 (1), second sentence shall not apply."
79.In Paragraph 79 (1) (a):
"(a) if none of the candidates has been elected in the constituency,"
80. In Paragraph 79 (5), the words "district office 'are replaced by the words" municipal office'.
81. In Paragraph 84, the words "regions' shall be inserted after the words" administrations'.
82. In Paragraph 88 (1), the words "the district office of the county or district office of the constituency 'are replaced by the words" the county office or the municipal office of the constituency'.
83.In Paragraph 88 (2), the words "Supreme Court 'are replaced by the words" Supreme Administrative Court'.
84. in Paragraph 92 (1) (a), the words "district authorities" shall be replaced by the words "entrusted municipal authorities."
85. in Article 92 (1), the words "and the employees of the City of Prague in charge of the election section," shall be added at the end of point (b);
86. In Paragraph 92 (1) (c) (2), the words "district offices of the county, district offices of the constituency" are replaced by the words "regional offices of the municipal offices of the constituency."
87.In Paragraph 97 (1), the words "to the district authorities' shall be replaced by the words" to the municipal authorities'.
88. Paragraph 97b (1) reads as follows:
"(1) The tasks of the Director of the Regional Office provided for by this Act shall be performed by his representative in the absence of him."
89. In the first sentence of Paragraph 97b (2) and in the second sentence of the first sentence of the second sentence, the words "Head of the District Office" shall be replaced by "Director of the Regional Office."
90. The following Section 97d is inserted after Section 97c:
The powers laid down in the Regional Office or entrusted to the Municipal Office under this Act shall be exercised by the delegation of powers. ';
Amendment to the Regional Council Act
Act No. 130 / 2000 Coll., on Regional Councils and on the amendment of certain laws, as amended by Act No. 273 / 2001 Coll. and Act No. 37 / 2002 Coll., is amended as follows:
1. in Article 6 (d):
"(d) Regional Office,"
2. in Article 6, point (e) is deleted;
Points (f), (g), (h) and (i) shall be renumbered as points (e), (f), (g) and (h).
3. In Article 6 (g), the words "the Mayor of the City or of the City District 'shall be inserted after the words" Territorial Territories'.
4. In Article 6, point (h) is replaced by the following:
"(i) Director of the Regional Office."
5. in Article 9 (2), point (b) shall be deleted;
Points (c), (d), (e), (f) and (g) shall become points (b), (c), (d), (e) and (f).
6. In Article 9 (2) (b), the word "district 'is replaced by" county'.
7. In Article 9 (2) (c), the words "to the county authorities of the county" shall be replaced by "to the regional authorities."
8. in Article 10 (2) (a), the words "district offices in the county seat" shall be replaced by "regional offices" and, in the sentence behind the semicolon, the words "district offices" shall be replaced by "regional offices."
9. in Paragraph 10 (2) (b), the words "regional authorities in the regional offices" are replaced by the words "regional authorities."
10. in Paragraph 10 (2) (i), the words "the district office of the county" shall be replaced by the words "the county office."
11. In § 11 of the title is: "Regional Office."
12. in Article 11 (1), the introductory phrase is "Regional Office."
13. in Article 11 (1), the words "and the workplaces created by the entrusted municipal authorities" shall be added at the end of point (e).
14. in Article 11 (1), point (h) is deleted;
Point (i) shall be renumbered as point (h).
15. in Paragraph 11 (1), at the end of point (h), the dot is replaced by a comma and the following points (i), (j), (k), (l) and (m) are added:
"(i) ensure the verification of competence in the election section for the staff of the municipality included in the entrusted municipal office and the entrusted activity in the election section, which shall demonstrate the necessary knowledge by examination; issue a certificate of positive outcome of the eligibility check; verification of competence in the election section replaces the demonstration of specific competence under the special legislation, 12a)
(j) impose fines under this law;
k) deal with complaints about organisational technical security of elections at municipal and city level;
(l) checks the voting process in the ballot rooms;
m) archives electoral documentation.
12a) § 113 of Act No. 128 / 2000 Coll., on Municipality (municipal establishment). Decree No. 345 / 2000 Coll., on the verification of the special professional competence of the employees of municipalities, counties, capital cities of Prague, the urban parts of the capital of Prague and the district offices, persons leading special bodies established under special laws and the chairmen of the commissions entrusted with the exercise of the delegation of powers (Decree on Special Proficiency), as amended by Decree No. 427 / 2000 Coll. '
16. in Article 11 (2), "Article 9 (2) (b)" shall be replaced by "special legislation.12b)"
Footnote 12b) reads as follows:
"12b) § 8 (2) (d) of Act No. 491 / 2001 Coll., on elections to municipal councils and amending certain laws."
17. Article 12 shall be deleted, including the title.
18. in Paragraph 13 (1), at the end of point (b), the dot is replaced by a comma and the following points (c), (d), (e) and (f) are added:
"(c) checks the voting process in the ballot rooms;
(d) control the counting of votes by the District Electoral Commission;
(e) deal with complaints about organisational technical security of elections at urban or urban district level;
(f) archives electoral documents. ';
19. Paragraph 13 (2) reads:
"(2) Only a person who is certified in accordance with Article 11 (1) (i) may carry out the checks referred to in paragraph 1 (c) and (d) and the activity referred to in paragraph 1 (b). ';
20. at the end of point (a) of Article 15, the words "the city, the urban part or the urban district (" the municipality ") shall be added;"
21. In the first sentence of Article 20 (3), the words "the district office in the county seat 'are replaced by the words" the regional office'; in the second sentence, the words "the district office in the county seat 'are replaced by the words" the regional office';
22. In the last sentence of Article 21 (5), after the semicolon, the words "county office of the county 'are replaced by the words" regional office'.
23. In the first sentence of Paragraph 22 (1) and the second sentence of the first sentence, the words "the district office of the county 'are replaced by the words" the county office'.
24. In Article 22 (2), the words "the district office of the county" shall be replaced by the words "the county office."
25. in Article 22 (2) (b), the words "the district office of the county" shall be replaced by the words "the county office."
26. in Article 22 (3), the words "Regional Office of the Region" shall be replaced by "Regional Office."
27. In the first sentence of Article 22 (4), the words "the district office of the county 'are replaced by the words" the county office'; in the second sentence, the words "the county office 'are replaced by the words" the county office';
28. In the last sentence of Article 22 (5), the words "county office of the county 'are replaced by the words" regional office'.
29. In the first sentence of Article 22 (6), the words "the district office of the county" shall be replaced by the words "the county office."
30. In Article 23 (2), the words "the County Office of the Region 'are replaced by the words" the Regional Office'.
31. in the third sentence of Article 23 (3), after the semicolon, the words "district office of the county" shall be replaced by the words "regional office."
32. In the second sentence of Article 23 (4), the words "County Office of the Region 'are replaced by the words" Regional Office'.
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Regulation Information
| Citation | Act No. 230 / 2002 Coll., amending Act No. 247 / 1995 Coll., on Elections to the Parliament of the Czech Republic and amending and supplementing certain other laws, as amended, Act No. 130 / 2000 Coll., on Elections to the Councils of the Regions and amending certain laws, as amended, and Act No. 491 / 2001 Coll., on Elections to the Councils of the Municipality and on the Amendment of Certain Acts |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.06.2002 |
|---|---|
| Effective from | 01.01.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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