The Law On Presidential Elections

Original Language Title: zákon o volbě prezidenta republiky

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=78075&nr=275~2F2012~20Sb.&ft=txt

275/2012 Coll.


LAW
Dated July 18, 2012

About the presidential elections and amending some laws (Act on the election of the president
)

Change: 340/2013 Coll., 344/2013 Coll.

Change: 58/2014 Coll.

Parliament has passed this Act of the Czech Republic:
PART ONE


Presidential elections
TITLE
I
GENERAL PROVISIONS


§ 1
Subject Matter


This law regulates the conditions for exercising the right to vote in the election
President of the Republic (hereinafter the "presidential election" for details)
nomination of candidates for the post of President of the Republic, announcing and implementing
presidential election and the announcement of its results and
judicial review.

§ 2

The time and place of voting

(1) Voting in the presidential election in the Czech Republic takes place in
permanent constituencies and in individual constituencies
created by another law ^ 1) (hereinafter referred to as "electoral district
").

(2) Voting in the presidential election outside the Czech Republic takes place in special
permanent constituencies created under other legislation
^ 2) (hereinafter referred to as "special electoral district").

(3) The presidential elections in the Czech Republic takes place in two days, which are
Friday and Saturday. On the first day of the presidential election vote
starts at 14.00 and ends at 22.00 pm. In the second day of elections of the President
voting begins at 8:00 pm and ends at 14.00.

(4) Election of the President outside the territory of the Czech Republic takes place in two days, which are


A) on Thursday and Friday, when the voting starts at 14.00 and ends at
21.00 hours local time, in the case of voting in the place referred to in paragraph 2, which occurs
was a time later more
up to 4 hours compared with the time on the territory of the Czech Republic,

B) Friday when the voting starts at 12:00 and ends at 22:00
local time and Saturday, when the voting starts at 8.00 pm and ends at
12.00 hours local time, in the case of voting in place in accordance with paragraph 2, which occurs
was a time later for a maximum of two hours
in comparison with the time on the territory of the Czech Republic,

C) on Friday when voting starts at 14.00 and ends at 22.00 hours local time
, and Saturday, when the voting starts at 8.00 pm and ends at
14.00 hours local time, in the case of voting in other places, according to paragraph 2.


(5) The date of the presidential election under this Act means the first day of elections
president of the Czech Republic, unless provided otherwise by this Act.
Deadlines and delimitation of election day under this Act is not the time
voting abroad affected.

§ 3

The announcement of the presidential election and constituency

(1) election of the President by the chairman of the Senate decision on the publication of the presidential election
publication in the Official Gazette, so that a possible second round of presidential election
held at least 30 days before the election
term of the incumbent President. The day of publication
election of the President shall be the date of dispatch of the Collection of Laws, which were
decision on the declaration of presidential elections announced.

(2) For the election of the President of the Czech Republic consists of one electoral
circuit.

§ 4
The right to vote


(1) The voter is a citizen of the Czech Republic (hereinafter "citizen"), which
least on the second day of the presidential election has reached the age of 18. In the second round of the presidential election
can elect a citizen, who at least
second day of the second round of the presidential elections has reached the age of 18.

(2) obstacles to the right to vote are

A) statutory restriction of personal freedom in order to protect the health of people
^ 3), or

B) limitations on legal capacity to exercise voting rights; 4).

§ 5

Obstacles to the right to be elected

Obstacles to the right to be elected is to limit the legal capacity to exercise of voting rights
^ 4).
TITLE II


Electoral authorities

§ 6

Assembly electoral authorities

(1) The election authorities under this Act are

A) The State Election Commission

B) The Ministry of the Interior,

C) Ministry of Foreign Affairs,

D) the Czech Statistical Office,

E) regional office in Prague Prague City Hall
(hereinafter referred to as "regional authority")

F) authorized municipal office ^ 5), in Prague and in the cities of Brno,

Ostrava and Plzen, the town hall or city district with more than 10
permanent constituency, or municipality of the city (hereinafter
"designated local authority")

G) local authority, township office, municipal office, municipality territorially unitary
statutory city, city district councils or municipal
territorially divided statutory city, city district councils
capital city of Prague and military domains military zone Authority (hereinafter referred to as the "municipal
Authority")

H) the mayor, township, town, city mayor, who
no territorial subdivisions, and territorial breakdowns statutory city mayor
district or city district in the capital, Prague Mayor
district and the head of the military district (hereinafter referred to as "mayor")

I) secretary in charge of the municipal office,

J) the director of the regional office and the director of the Prague City Hall
(hereinafter "the director of the regional office")

K) embassy and consular office of the Czech Republic, with the exception
consular post headed by an honorary consular officer, (hereinafter
"embassy")

L) the district election commission,

M) special district election commission.

(2) The activities of the electoral authorities the power of government.

§ 7

The State Election Commission

(1) The State Election Commission created under a different legal regulation 6)
a permanent electoral body for election of the president. Registered address
State Election Commission will publish the Interior Ministry on its web site
intended for elections.

(2) The State Election Commission

A) coordinate the preparation, organization, process and design choices
president

B) oversees security operations required for the implementation of organizational and technical
presidential election

C) randomly drawn numbers, which will be marked ballots

D) authorizes the presence of others in the vote count
district election commissions

E) announces the overall result of the presidential election notification in the Collection of Laws
,

F) passes the overall result of the election of the President of the Senate, and
unless the President of the Senate occupied, President of the Chamber of Deputies
.

§ 8
Interior Ministry


(1) The Ministry of Interior is the central administrative authority for choosing
president.

(2) The Ministry of Interior

A) unifies and controls the organizational and technical preparation, course design and
presidential election

B) registers the candidate lists,

C) shall be forwarded without delay to the Czech Statistical Office a copy of the candidate
documents to establish a registry of candidates for the election result processing
president, a list of registered candidates and
keep it informed of changes in the information on the candidates,

D) by the regional authorities informed the mayor about who has the right to delegate
members and alternates to the district election commission;
also publish this information on its website intended for
elections

E) inform the State Election Commission for registration of candidates,

F) provides printing election materials and ballots,

G) publish on its website intended for elections
information on the conditions and manner of voting

H) controls the voting process in the polling stations and vote counting
district election commissions

I) resolves complaints about the organizational and technical
presidential election at the county level and the capital city of Prague after the complainant
unsuccessfully sought redress in the regional office

J) perform tasks while eliminating duplication between the special voter lists
a permanent voters' lists according to another legal regulation 7)

K) archives election documents, including electoral documentation provided
Ministry of Foreign Affairs,

L) perform other tasks under this Act.

(3) For the purposes of the registration of candidates and checking petitions Interior Ministry uses


A) the reference data from the basic register of residents ^ 8)

B) data from population records information system.

(4) used by information pursuant to paragraph 3. a)

) Name,

B) the name or names (hereinafter the "name")

C) address of residence,

D) date of birth,

E) citizenship, or multiple citizenships.

(5) used by information pursuant to paragraph 3. b) are


A) name, surname, including previous names,

B) date of birth,

C) citizenship, or multiple citizenships,

D) permanent address,

E) limitations on legal capacity.

(6) The data are kept as reference data in the basic register
population, the use of population records information system, only
if they are in the shape of the previous status quo.

(7) From the data obtained can be used in a particular case only such
data that are necessary to fulfill the task.

§ 9
Ministry of Foreign Affairs

Ministry of Foreign Affairs


A) provides organizational and technical preparation, conduct and performance
presidential election outside the Czech Republic ^ 9)

B) send the special voter lists kept by the embassies (§ 31)
Interior Ministry on a data carrier,

C) in cooperation with the Czech Statistical Office provides
create a unified system of electronic communications for data transmission between
embassies and the Ministry of Foreign Affairs,

D) transmits the Czech Statistical Office documents for the establishment and updating of lists
special polling districts,

E) in cooperation with the Czech Statistical Office provides the conditions for the operation
workplace of the Czech Statistical Office at the Ministry of Foreign Affairs
,

F) passed a special district election commission a written document
taken from the Czech Statistical Office in the form of a printout from the computer
certifying the results of a special electoral district to another were taken
processing flawlessly

G) determining the overall outcome of the presidential election forward to the Ministry of Interior
electoral documentation sent to embassies,

H) perform other tasks under this Act.

§ 10

Czech Statistical Office

(1) The Czech Statistical Office draws up a mandatory system of detecting and processing
outcome of the presidential elections and provide copies of relevant
software for processing and providing results of the elections
president.

(2) The Czech Statistical Office

A) provides technical system processing results of the elections of the President
^ 10) under paragraph 1 of workplaces created by
authorized municipal authorities and the Ministry of Foreign Affairs;
when it cooperates with the Ministry of Interior, Ministry of Foreign Affairs,
regional authorities, authorized municipal authorities and municipal authorities

B) for individual sites under a) provides employees
Czech Statistical Office charged with investigating and processing
outcome of the presidential election and the number of additional people to provide for processing and delivery
outcome of the presidential election, conducted their training
and trained staff to issue credentials

C) provides training designated members of district electoral commissions to
mandatory system of detection and processing of voting results
cooperation with regional authorities and authorized municipal authorities

D) prepares candidates register for processing election result
president; after the registration of candidates
Interior Ministry publishes data from a registry of candidates on its website
intended for elections

E) resolves complaints about the function of technical equipment and the relevant
software supplied by the Czech Statistical Office and used
processing result of the presidential election,

F) issue precinct electoral commissions and through the Ministry of Foreign Affairs
special precinct election commissions
written evidence in the form of a computer printout evidencing that the results of
constituency and special constituency were the next | || processing reproduced flawlessly

G) passed notes about the course and outcome of the vote taken by the district election commissions
into custody competent authorized municipal authority
later than 10 days after completion of the processing results at the municipal office in charge
; notes about the course and outcome of the vote taken on
department at the Ministry of Foreign Affairs to retain,

H) perform other tasks under this Act.

(3) Only an employee of the Czech Statistical Office, which has the credentials
pursuant to paragraph 2. b) is entitled


A) remain in the room where the district election commission counts the votes (§
48)

B) take a copy of the report on the conduct and outcome of the vote and the result
vote on a data carrier,

C) specify a deadline for the elimination of errors and handover of a new report on the conduct and outcome of the vote
,

D) instruct the end of the meeting of the district election commission and special district election commission
second day of the presidential election,

E) to ensure receipt of voting results for all relevant
territorial constituencies and special constituencies

F) to ensure the treatment outcome of the presidential election.

§ 11


Regional Office
(1) Regional Office

A) provide organizational and technical preparation, process and design choices
president in the region,

B) addresses the complaints of organizational and technical
presidential election at the village, township, city, city district or city part
territorially divided statutory city, urban part of Prague
a military area (hereinafter the "community") after the complainant
unsuccessfully sought redress at the municipal office,

C) supervise the voting process in the polling stations and vote counting
Precinct electoral commissions

D) discuss misdemeanors and other administrative offenses in the area of ​​election campaigns
and imposes fines under this Act,

E) it contributes to ensure the training of members of district electoral commissions
conducted by the Czech Statistical Office about the mandatory system of detection and processing
outcome of the presidential election and authorized municipal office
principles voting

F) draw up an overview of the telephone connection to each polling station
territorial jurisdiction of county documents authorized municipal offices and
publish it on its website,

G) archives election documents,

H) perform other tasks under this Act.

(2) The activities under paragraph 1. b), c) and e) can only carry
employee counties included in the regional office, which is certified by
another legal regulation 11).

§ 12

Authorized municipal office

(1) An authorized municipal office

A) provides room and auxiliary equipment for workplace action
Czech Statistical Office acceptance, reviewing and processing of entries
about the course and outcome of the vote to be borne by the district election commissions
,

B) cooperate with the Czech Statistical Office
securing the necessary manpower and technical input device
results from individual polling stations to the processing system at the workplace

C) provides training designated members of district electoral commissions for the principles
vote

D) compiles an overview of the telephone connection to each polling station in
its administrative district of documents municipal authorities will send it by
four days before the presidential election Regional Authority and published on its website
site

E) participate in the distribution of election materials,

F) controls the voting process in the polling stations and vote counting
Precinct electoral commissions

G) archives election documents,

H) perform other tasks under this Act.

(2) The activities under paragraph 1. c) and f) may only carry
employee of the municipality included in an authorized municipal authority that has
certificate under another legal regulation 11).

§ 13
Municipal Authority

Municipal Authority


A) provides for the electoral commission polling stations needed
workforce and aids

B) keeps a separate list of voters (§ 32)

C) issue a voter pass (§ 33)

D) providing telephone connections to each polling station in the territorial
perimeter of the village and phone number to report no later than nine days before the presidential election
authorized municipal office,

E) resolves complaints on organizational and technical security of the presidential election
at the level of municipalities and electoral district

F) passes the precinct election commissions extracts from the permanent electoral roll
a special electoral

G) archives election documents received from the district election commission,

H) perform other tasks under this Act.

§ 14
Mayor


(1) The mayor

A) provides information to voters about the time and venue of the presidential election
in the village,

B) distributes ballots to voters


C) provides with regard to the number of voters in the constituency within 60
days before the presidential elections the minimum number of members of the district election commission
, so that the number of members was at least 5, with the exception of election | || districts to 300 voters, which may be the district election commission four,

D) published on the official notice board within 45 days before the presidential election
information on the number and location of polling stations,

E) appoint and dismiss clerk of the district election commission (hereinafter
"clerk")

F) convene the first meeting of the district election commission in order to place
later than 21 days before the presidential election

G) to appoint to the vacant posts other members of the district election commission,

H) perform other tasks under this Act.

(2) The notice convening the first session of the district election commission
mayor delivered into the hands of delegated and appointed representatives
and simultaneously published on the official board of the municipal authority;
Notice is deemed delivered on the date of posting on the official notice board.

§ 15

Secretary in charge of the municipal office and the director of the regional office

Secretary authorized local authority to secure the village in the administrative district of that
office tasks under this Act, if not met within the deadline
unless a public contract or decision
regional office otherwise. Similarly progresses director of the regional office in
case of municipalities with authorized municipal office and the secretary of the municipality in case
district or city district of Brno, Ostrava and Plzen.

§ 16
Embassy


Embassy as part of their territory

A) provided outside the Czech Republic
organizational and technical preparation, conduct and performance presidential election

B) keeps a separate list of voters (§ 31)

C) issue a voter pass (§ 33)

D) provides the local circumstances, informing voters about the time and place
holding of the presidential election, the possibility of registration in the special electoral roll kept by the diplomatic authority
, a method of voting and
date of the second round of presidential election and, where appropriate, in the relevant foreign
language

E) carries out training of the special district election commissions,

F) provides printing and reproduction of ballots,

G) provides for special district election commission of the polling station
aids and the necessary manpower,

H) perform other tasks under this Act.

§ 17

Electoral commission

(1) the district election commission

A) ensure order in the polling station,

B) provides voting and supervises its course,

C) counts the votes and produces a record of the conduct and outcome of the vote,

D) submits election documents into custody municipal office, with the exception of 1
copy of the report on the conduct and outcome of the vote (§ 51 and 52).

(2) The electoral commission has a quorum, if present
absolute majority of its members with voting rights.
Resolution is adopted if vyslovila- for them by a simple majority of members present
electoral commission with the right to vote.

(3) the district election commission at its first meeting
draws from its members a chairman and vice-chairman. The draw controls
clerk of the district election commission. If the chairman or vice-chairman of the district election commission
resigns or can not for other serious reasons
perform its function will be drawn again; to draw from the district election commission
not included deputy chairman of the district election commission;
to draw Deputy district election commission not included
chairman of the district election commission.

(4) The chairman of the district election commission in his absence
represented by a Deputy district election commission.

§ 18

Membership in the district election commission

(1) A member of the district election commission may be a citizen

A) that the day of the oath aged 18,

B) which occurred obstacles to the right to vote in accordance with § 4 para. 2 and

C) who is not a candidate for president.

(2) Delegate at least 30 days before the presidential election
one member and one alternate to the district election commission can citizen who
is entitled to propose a candidate for President of the Republic and it
from the list of candidates was registered, a political party,

Political movement or coalition that has representation in the Chamber of Deputies or the Senate
or political party, movement or coalition
which has no representation in the Parliament of the Czech Republic in the last election
won at least one seat territory concerned council
region.

(3) A list of members and alternates in accordance with paragraph 2 may be sent or delivered in person
mayor, in paper form or electronically
signed with a recognized electronic signature or delivered via
data box. The list must contain the name and surname, date of birth and address
place of permanent residence or mailing address or e-mail address
member or alternate
signature of the person authorized to act on behalf of a political party or political movement, or || | signature citizen who is entitled to propose a candidate for President of the Republic and
it from the list of candidates was
registered or signatures of people who are the trick
written authorization and that a copy of the written authorization to the list annexed.
It may also contain an indication to which the electoral commission should be delegated
members and alternates are included; If this information is missing,
classify them into district electoral commissions mayor.

(4) Unless thus reached the lowest specified number of members of the precinct election commission
according to § 14 para. 1 point. c) shall be appointed before the first session
members to the vacancies mayor.

(5) Membership of the district election commission is formed oath of
wording: "I pledge on my honor that I will faithfully and impartially perform their function
and I will follow in the Constitution, laws and other legal | || Czech regulations. ". Promise consists delegated or appointed
representative to the first meeting of the district election commission, involving,
so that they sign a written version under oath; This will also assume his functions
.

(6) Membership of the district election commission expires

A) the date of termination of the district election commission (§ 58)

B) the death of a member of the district election commission,

C) the moment the chairman of the district election commission receives written
statement on the resignation of a member of the electoral commission;
chairman of the district election commission shall transmit a written declaration of renunciation of his functions
member of the electoral commission Deputy district election commission,

D) the moment the chairman of the district election commission receives a written appeal
member of the electoral commission by whom it has delegated,

E) loss of citizenship of the Czech Republic, a member of the district election commission
,

F) occurs when u member electoral commission obstacle to the right to vote
under § 4 para. 2, or

G) on the presidential election, if he fails a member of the district election commission
his office, and his absence lasts more than 3 hours.

(7) If there is no delegated or appointed representative to the first meeting
electoral commission without apology, he will not be allowed
additional oath, and the mayor has called an alternate
same political party, political movement or coalition or alternate delegate
citizen who is entitled to propose a candidate for President of the Republic and
him from the list of candidates has been registered
or appoint a new member of the district election commission.

(8) A member whose membership has expired pursuant to paragraph 6
summons chairman of the district election commission, through the mayor sub
same political party, movement or coalition or alternate delegate
citizen who is entitled to propose
candidate for president, and it brought
list of candidates has been registered; substitute becomes a member of the electoral commission
oath of office under paragraph 5. If the chairman of the district election commission appointed
shall call a substitute in the first sentence the mayor.
In the case where the number of members of the electoral commission falls under the mayor
set number during the election of the president and if no alternate
pursuant to paragraph 2, the mayor appoints to the vacant posts to the specified number of other members of the district
election Commission.

§ 19

Writer electoral commission

Writer, who is appointed by the mayor at least 20 days before the first
meeting of the district election commission, a member of the electoral commission
with an advisory vote, the vote to the number of members of the district election

Commission counted. Writer district election commission may
submit proposals; takes the minutes of the meeting of the district election commission.
Writer oath, as amended, and in the manner specified in § 18 paragraph.
Fifth pre- happen if the registrar to exercise his office, the mayor
immediately appoint a new clerk.

§ 20

Special district election commission

(1) The Head of Mission shall be appointed no later than 30 days prior to the presidential election
chairman and other members of the special district election commission
who are citizens of, the day the oath age of 18, occurred at
these obstacles to the right to vote in accordance with § 4 para. 2, no
candidates for president and speak Czech.
Lowest number of members of the special district election commission is 3. This number is also included
clerk, who is appointed and dismissed by the head of
embassy, ​​and no later than 18 days before the first session
special district election commission . If it falls during the election of President
number of members of the special district election commissions below the minimum specified number
appoint to the vacant posts
leading representative office of other members of the special district election commission. The first session
special district election commission convenes leaders embassy
so, to be held no later than 21 days before the presidential election.
If it fails to appoint a three-member special district election commission
ensure its chief tasks of the embassy and the registrar. Head
embassy in the fulfillment of these tasks, the position of mayor.
The members of the special district election commissions will assume their office composition
oath pursuant to § 18 par. 5. Membership in the special district election commission expires
reasons and manner according to § 18 paragraph. 6th

(2) Special district election commission

A) ensure the vote in a particular constituency, he supervises his
progress and ensure order at the polling station,

B) counts the votes and produces a record of the conduct and outcome of the vote in a particular constituency
,

C) submits electoral documents to the embassy, ​​which sends it
Ministry of Foreign Affairs.
TITLE III

Lists of candidates


§ 21

Submission of candidates

(1) may submit candidate lists at least twenty Members (hereinafter
"proposing MPs") or at least ten Senators (hereinafter
"proposing senators') or a citizen who has reached the age of 18 | If || promote its draft petition signed by at least 50,000 citizens eligible to vote
President of the Republic (hereinafter referred to as "proposing citizen").

(2) proposing MPs, senators proposing or suggesting
citizen may submit only one list of candidates. A candidate can be put
on only one list of candidates.

(3) The candidate list shall be submitted not later than 66 days before election day
president Ministry of Interior. The date of submission of candidate lists is
proceedings for registration of candidates. Interior Ministry informs
trustee nominating deputies or senators proposing
or requesting citizen, and if he does not have a nominee, then directly
citizen requesting that the list of candidates received and when it was launched
management.

§ 22
Trustee


(1) Agent is a natural person who has reached the age of 18 and is thus
marked on the ballot; Agent receives its mandate
handwritten signature on the ballot. Agent can not be
person with limited legal capacity; 4) or a candidate for the post of President of the Republic
.

(2) Proposing deputies or senators is proposing
acts in electoral matters through his agent.
Proposing citizen can do these acts through his agent or himself.

(3) The Commissioner making a submission in person as the official written record, or
in paper form or electronically signed with a recognized electronic signature or
delivered through a data box.

(4) The Trustee has the right to inspect the documents for registration, do you
listings and require making copies in relation to the candidate lists
on which is marked by an agent.

(5) his agent may proposing deputies or senators proposing, possibly proposing
citizen or revoke the proxy holder may surrender his
mandate; mandate shall expire upon receipt of the appeal, or

Waiver authorized by the Ministry of Interior. Revocation or a new mandate may
proposing deputies or senators proposing or suggesting
citizen, mail or deliver in person, either in paper form or
electronically signed with a recognized electronic signature
or delivered via data clipboard. A similar procedure also
agent in waiving his mandate. Until
designed a new agent, documents sent under this Act Agents Only
published on the official board of the Ministry of Interior at the headquarters of the State Election
Commission and published on the website of the Ministry of Interior
intended for election; posting are considered delivered unless
this Act.

§ 23


Election Committee
(1) Every candidate for President of the Republic is obliged to
date of submission of candidate lists set up an election committee that has at least 3 and not more than 5
members.

(2) The members of the Election Committee shall be responsible for the financing of election campaigns and
jointly and severally liable for the debts of the election committee.
Decision of the Election Committee shall be taken unanimously and externally it
represents its member authorized in writing.

(3) The members of the election committee selects a candidate for the post of President of the Republic
. A member of the Election Committee may be a natural person who
reached the age of 18 years and is a member of the Election Committee reported on
candidate list; person receives his membership in the electoral committee
handwritten signature on the ballot.
Member of the Election Committee can not be a person with limited legal capacity; 4) or a candidate for the post of President of the Republic
.

(4) Member of the Election Committee may candidate for the post of President of the Republic
appeal or a member of the Election Committee may relinquish their membership;
Membership of the election committee shall terminate upon receipt of an appeal or waiver
membership, the Ministry of Interior. However, if
withdrawal or abandonment membership decreased the number of members of the Election Committee
below 3 members, membership in the electoral committee ceases to exist until the moment when
candidate for the post of president will propose a new member of the Election Committee and the
a person receives membership
personally signed statement; Paragraph 3 shall apply mutatis mutandis.

§ 24

Electoral account

(1) Every candidate for President of the Republic is obliged
later than the date of submission of candidate lists set up an account designated for
campaign financing (hereinafter the "Electoral Account").

(2) Electoral account must be maintained by a bank based in the Czech Republic
or a foreign bank performing in the Czech Republic
banking activities through its affiliate.

(3) All financial transactions, which is funded election campaign, the
place through the election account.
Funds deposited on the electoral account can only be used to finance election campaigns.

(4) The election account shall be the date of submission of candidate lists
transferred all funds chosen this day to support
candidacy and the election campaign. Electoral Committee within 5 days from the date of registration of candidates
publish a manner allowing remote access
on the website of the candidate and sends the
Ministry of Interior, in paper or electronic form signed
recognized electronic signature by all members election Committee or
via data boxes, data on the funds transferred to
election account, specifying an overview of the origin of these
funds, including the name, surname, date of birth and address of the place of residence
individuals who provided these funds, or if it
legal person, including putting its business name or title,
seat and identification number of the person, if assigned.
Ministry of the Interior shall publish such information on its website
intended for elections.

(5) The funds for election account for unspent election campaign
not be treated for the duration of the proceedings in the matter
violation of the rules of campaign financing, at least for a period of 120 days from the date
the publication of the overall results of the elections.

(6) portion of funds for the election on account of unused
election campaign, which corresponds to the amount already has on the basis of a decision
court for violations of election campaign financing by

Another law to pay an election committee to the state budget can not handle
until the election committee that amount to the state budget
distract. For the payment of this amount can be used for funding
election unused account for the election campaign.

(7) Within 30 days after the expiry of the period referred to in paragraph 5 or 6
any funds for election account unused election campaign, with the exception
funds utilized for the payment of levy to the state budget
pursuant to paragraph 6, converted to social, health, sports,
ecological, cultural or otherwise publicly beneficial purpose, to the extent
a manner determined by the candidate for the post of president.

(8) Electoral account can be canceled only after it was referred to in paragraph 6 or 7
transferred any funds not used for the election campaign
.

§ 25
Particulars of candidates


(1) The candidate list contains

) Name and surname of the candidate, data on sex, age, date of election to a second
president, occupation or profession, a candidate at the time of submission of candidate lists
holds, or his academic degree or another,
the municipality where the candidate is registered for permanent residence

B) candidate belonging to a political party or political movement, or
indication that the candidate is not a member of any political party or political movement
(hereinafter "without political affiliation")

C) the names and surnames proposing deputies or senators proposing
data indicating that a deputy or senator, and their signatures, or
name, surname and date of birth requesting citizen, indicating
Address place of residence and his signature

D) the name and surname and date of birth trustee nominating
deputies or senators proposing with the address of his place of permanent
residence or mailing address or e-mail
and his signature; When proposing a citizen commissioner, state information similarly

E) name and surname and date of birth of the members of the election committee stating
address of their place of permanent residence or address for service or
e-mail address and signature.

(2) The list of candidates will join

A) personally signed statement of the candidate that agrees with his candidacy
that he is not known obstacle eligibility, or the
ceases on the date of the presidential election, he did not give consent for it to be put on
another list of candidates, and that the information provided on the ballot
related to his person and the electoral committee and its members are
true; in a statement candidate shall also provide permanent address and date of birth
,

B) confirmation of the establishment of the electoral including bank account details and
on funds transferred to the account of election according to § 24 paragraph.
4, first sentence.

(3) When given a list of candidates proposing citizen, joins
petition signed by at least 50,000 citizens eligible to vote
President of the Republic. Part of the petition are numbered signature sheets. The header
petition and each numbered the attendance list shall
fact that the petition is intended to support the candidacy candidate
presidential election, his name and surname, year of birth and year of the presidential election
. Every citizen, supporting the candidacy of a candidate, shall
on the signature list your name, surname, date of birth and address of permanent residence and
accompanied by his handwritten signature.

(4) The Ministry of the Interior finds the total number of citizens entitled to vote
president signed a petition. In the case that the signature on the petition sheet
lacking any of the required data or incompletely,
in total is counted.

(5) The Ministry of Interior shall verify the accuracy of the information on petitions
randomly at a random sample of data from 8,500 people signed a petition on each
. Where incorrect information in less than 3% of citizens signed, the Interior Ministry counted
these citizens in the total number of citizens signed a petition
.

(6) If the Ministry of Interior of the procedure in paragraph 5
incorrect data in 3% or more than 3% of citizens signed, checks at
further sample of the same magnitude (hereinafter referred to as "second control sample") .
If the Ministry of Interior, the second control sample showed
error less than 3% of citizens signed a petition, counted

Ministry of the Interior citizens of the two control samples in total
citizens signed a petition. If the Ministry of Interior, the second
control sample shows the error rate at 3%, or more than 3%
citizens signed a petition to be deducted from the total number of citizens signed a petition to
number of citizens, which corresponds to the percentage of errors in both
control samples.

§ 26

Discussion and registration of candidates

(1) The Ministry of Interior will review within a period of 66-60 days before the presidential election
submitted candidate lists. If no candidate list
submitted in accordance with § 21, unless the requirements specified in § 25 par. 1 and 2
or contains incorrect or incomplete data, prompts the Ministry of Interior
trustee nominating MPs
senators proposing or requesting citizen, and if he does not have a proxy, then you proposing
citizen, at least 58 days before the date of the presidential election, that the defects
remove up to 50 days before the presidential election.
Call for the elimination of defects sent by the Ministry of Interior agents, or Proposing
citizen, and simultaneously published on the official board of the Ministry of the Interior
seat of the State Election Commission and published on its website
intended for elections. As delivered prompt considered the date of publication.
In the period up to 50 days before the presidential election may defect to the candidate
charter to remove the agent or proposing a citizen without a call
Ministry of Interior.

(2) The Ministry of the Interior shall decide within 49 days before election day
president of the registration of candidates or refusal of candidate lists
if

A) is not made in accordance with § 21

B) no requirements under § 25 par. 1 or contains incorrect or incomplete data
,

C) it is not an attachment pursuant to § 25 par. 2 or the information in it is
incorrect or incomplete,

D) it is not an attachment pursuant to § 25 par. 3 or if a petition
after deduction of citizens according to § 25 par. 5 and 6 fewer than the required 50,000
citizens or

E) the candidate does not meet the conditions for eligibility.

(3) The Ministry of the Interior shall immediately prepare a marketing
or rejection of candidates in paper and electronic form
copy of this decision will send into her own hands Agents
proposing MPs, senators proposing Agents or Agents | || proposing a citizen, and if he does not have a proxy, then you proposing
citizen and candidate, said the list of candidates. At the same time
decision to publish on its website intended for
election, hanging it on the notice board at the headquarters of the Interior Ministry
The State Election Commission and mark on it the day of publication. Under the decision delivered
considered the third day from the date of publication.

(4) The decision on registration or refusal of candidates
must contain a statement, reasoning and instructions on appeal.
In the operative part of the state judgment in the case, stating
provisions of this Act, under which it was decided. The reasoning indicates that
facts were the basis for the decision. Reason is not necessary in the case
decision on registration. The instructions shall state that it is possible
against the decision to lodge an appeal, within what period, from
which day the deadline foreseen that the appeal body decides
and serving.

(5) The decision on registration or refusal of candidates
must also include the designation of the Ministry of Interior, marking proposing
deputies, senators proposing or requesting citizen, their attorneys and candidate
reference number, date of issue , stamped with the official stamp
, name, position and signature of official persons authorized to do
according to the internal regulations of the Ministry of Interior or delegated by the Minister of the Interior
. In the electronic version of the decision on the spot imprint of the official stamp
this fact expressed by the words "official stamp" and the official document
person signs an electronic signature.

(6) to correct obvious clerical error or obvious errors in the counting
decision on registration or refusal of candidates
performs Interior Ministry to request proxy proposing
deputies, senators proposing trustee or agent requesting || | citizen, and if he does not have a nominee, then directly requesting citizen or

Said candidate on the ballot or ex officio. Written
patch delivers to all those who have been delivered in accordance with paragraph 3
decision on registration or refusal of candidates, which was written
correction relates to, and posts it on the notice board of the Ministry of Interior in the seat of the State
electoral Commission and published on its website
intended for elections.

(7) Based on the decision of the court pursuant to another legal regulation 12)
Interior Ministry put up at least 20 days before election day
president of a court decision on the registration of candidates or
deregistration of candidates for official
board of the Ministry of Interior at the headquarters of the State election Commission and published on its web site
intended for elections.

(8) Registration is required for printing the ballots.

(9) The demise of the mandate of proposing deputies or senators proposing
status or requesting citizen that occurred after administration
list of candidates shall be disregarded.

(10) Since the publication of the decision on registration of candidates
or rejection of candidates notify the Ministry of the Interior on its website
intended for the election of candidates who
in the choice of candidates, without their consent and the extent of data
placed on the ballot paper. Not later than 43 days before election day
President Czech Statistical Office informs on its web site
intended for the election of candidates who stand for election,
without their consent, and the extent of data placed on the ballot || | ticket.

(11) Unless given no or only one list of candidates or
unless registered no or only one list of candidates, held
a new presidential election. About this fact, the Ministry of Interior
immediately inform the President of the Senate, and unless the President of the Senate
occupied, Chairman of the Chamber of Deputies.

§ 27


Candidacy Extinction
(1) A candidate may be up to 24 hours before the election of President
give up his candidacy in person at the Ministry of Interior, which is the official record
writes, or within the same period the Ministry of Interior delivered
declaration in paper form bearing the notarized signature
candidate or electronic submissions signed by a recognized electronic signature
candidate or supplied through a data box.
This statement can not be undone.

(2) The Ministry of Interior delivers Agent proposing MPs, senators
proposing or requesting citizen or a citizen
requesting information on loss of eligibility of the candidate.

(3) If the declaration of renunciation of candidacy or loss information
election candidate received the Interior Ministry after the registration of candidates
to 24 hours before the presidential election, when
determining the results of voting to the voices of resignation for such
candidate disregarded. The Ministry of Interior shall ensure, through regional offices
publication of the declaration of candidacy or waiver
information on loss of eligibility candidate in every election
rooms and publish this statement or this information on its website
intended for choices when it is received within 24 hours
before the start of the presidential election; publication of the declaration of surrender
candidacy or loss information for election candidate in the election
rooms abroad
ensure, through the Ministry of Foreign Affairs. Simultaneously the Ministry of this fact
inform the Czech Statistical Office.

§ 28
Ballot


(1) The State Election Commission will draw numbers, which will be marked
ballots for the presidential election after the deadline for submission of draft
court (§ 65); in the event that there is a judicial review after
become final court decision on the registration of candidate lists
. Winning numbers ballots State Election Commission
published on the website of the Ministry of Interior designated for
choices and communicate the same to the Czech Statistical Office.

(2) Printing of ballots by the Ministry of Interior.
Correctness of the data on the ballot before it is printed can be verified
Agent nominating deputies or senators or proposing
proposing a citizen, and if he does not have a proxy, then you proposing

Citizen, within 2 working days after the invitation of the Ministry of Interior, which
published by the Ministry of the Interior on its website
intended for elections and also put up on the notice board at the headquarters of the Interior Ministry
State Election Commission. As delivered prompt considered the date of posting on the official notice board
.

(3) Ballots must be printed using the same type and the same
size on paper of the same color and quality and the same dimensions. Voting
tickets are stamped with the official seal of the Ministry of Interior.

(4) Each registered candidate is given on a separate ballot
the tickets winning numbers candidate. For
candidate must give his full name, gender, age, date of election to a second
President, employment or occupation, or academic or other
title, the municipality where the registered permanent residence and his nationality
a political party or political movement or an indication that the candidate is without political affiliation
. It shall also indicate whether the candidate proposed
proposing MPs or senators or proposing proposing
citizen.

(5) Ballots will be distributed through authorized municipal offices
municipal authorities. The mayor will ensure that ballots were delivered to all voters
least 3 days before the date of the presidential election and the presidential election day
all precinct election commissions. To select the
special constituencies Interior Ministry will ensure sending patterns
ballots electronically
Ministry of Foreign Affairs, which is sent to the embassies of at least 3 days before the date
presidential election. The embassy will provide the printing or reproduction
ballots. A voter who votes in a special constituency,
receive ballots at a polling station.

(6) In case of obvious printing errors on ballots handed
voters with ballots nepřetiskují; The Ministry of Interior will ensure
through regional offices and subsequently authorized municipal offices and municipal offices
posting information about these errors in all election
rooms with the correct information. At the same time publish the information on its website
intended for elections.
For voting outside the territory of the Czech Republic Ministry of the Interior shall ensure publication
information about these vulnerabilities at all polling stations
through the Ministry of Foreign Affairs.
TITLE IV

VOTING


§ 29
Lists of voters


Voters are registered in the permanent list of voters (hereinafter referred to as "permanent list")
in the special electoral roll kept by the diplomatic authority (hereinafter
"special list maintained by the embassy ') or in a special list
voters kept by the municipal office in the Czech Republic (
"specific list"). Each voter can only be registered in one
list of voters.

§ 30


Standing List
Permanent list maintained by the municipal authority pursuant to another legal regulation 13).

§ 31

Special list of voters conducted by the embassy

Special list maintained by the embassy leads embassy
according to another legal regulation 7).

§ 32


Special list
(1) special list maintained by the municipal authority for a voter who is in his
territorial jurisdiction of permanent residence ^ 14), or can not
vote in the constituency in which the permanent list is registered, it is

A) in healthcare facilities, in social services, school
facilities for institutional care or protective care or
school facilities for preventive care or other similar
facilities in the village, or | ||
B) in custody in security detention or serving a prison sentence
^ 15) in the village.

(2) A specific list of voters entered municipal authority referred to in paragraph 1
based on data provided by the person heading the respective
constitution or installation transmitted no later than four days before the start
vote.

(3) A person standing at the head of the department, or installation
sends in cooperation with local authorities, who leads a special list
municipal office in the municipality where the voter is registered in the permanent list, confirming || | that this elector was reported enrollment in a special list.


(4) In the special list records the name, date of birth,
reason enrollment in the special, permanent address
registered voters and the number of the electoral district in which they will vote.
The note shall be the person who gave the registration in special list
stimulus. Municipal Authority for the purpose of maintaining a separate list uses data
extent and conditions pursuant to § 8. 3 to 7

(5) closes the list of special municipal office two days before election day
president. Extracts from him containing data from the basic register
population and population records information system in the municipal office shall transmit
day of the presidential election before voting precinct election commissions
.

(6) The excerpt from the special register in the days of the election district election commission
voter who votes on polling card (§ 33).

§ 33

Voter pass

(1) A voter who will vote in the constituency in which the permanent
list or a special list maintained by the embassy is
registered, may date of publication of the presidential election to ask the municipal authority, which
leads a permanent list, or embassy, ​​who leads a special
list, the voter pass. The request may be filed in paper form
bearing the notarized signature of the voter or electronic
signed with a recognized electronic signature or through data
boxes and deliver at least 7 days before the presidential election. Personally
you can ask for a voter card until permanent closure
list or a special list maintained by the embassy. When
personal administration official written record.

(2) The application must contain the name, surname, date of birth, address, place of residence and
delivery method voter card; if required voter
sending it, and the address to which it must be sent a polling card.

(3) The municipal authority or embassy voter cards showing,
they are intended for first and second round of the presidential election earlier than 15 days before election day
president before voters in person, a person who || | attorney with notarized signature
voter applying for the voter ID card or a voter sends to a specified address
the Czech Republic into their own hands or, if delivered to
abroad, sends at the given address. Issuance of voting cards
remarks municipal office to the permanent list and statement to the district election commission
; Embassy notes
electoral ID card into a special list maintained by the embassy and to extract the
special district election commission.

(4) The voter pass entitles you to entry in extract from a special list
on the presidential election in any constituency in the Czech Republic
or extract from a special list kept by the diplomatic
authority in any special election precinct abroad.

§ 34
Informing voters


(1) The mayor published on the official board of the municipal office of information for voters


A) the time and venue of the presidential election no later than 15 days prior
presidential election; the information indicating addresses of polling stations;
if it was within the municipality established more electoral districts, indicating which area
belonging to individual electoral districts, and state
other necessary information for the smooth running of the elections

B) the time and venue of the second round of the presidential election after its publication
outcome of the first round of the presidential election, when the second round of elections to be held
president.

(2) Representative Office in the usual way
informed in advance of voters living within the territorial jurisdiction of this office
about the time and venue of the presidential election in a particular electoral district
about the possibilities in the special
list kept by the diplomatic authority of the voting method and the date of the second round election
president.

(3) The municipality in whose territorial jurisdiction he lives according to the last census
10% citizens declaring a nationality other than Czech, the
information referred to in paragraph 1 shall publish in the language of the national
minority.

§ 35
Election campaign


(1) The election campaign shall mean any candidate for promotion
president and electioneering in his favor, especially
public announcement intended to promote his or serving in his favor, including

Any accompanying events for which is granted or usually provides
consideration, if such promotion or electioneering took place earlier in the day
announcement of the presidential election in the Official Gazette, or even before that
day when such propaganda or agitation persists on the date of publication
presidential election in the Official Gazette. Under election campaign is regarded as
communications to the detriment of another candidate for president.

(2) The election campaign must be conducted honorably and honestly, in particular, not about the candidates
published false information.

(3) Promoting or electioneering communications
disseminated through the media must contain information about their purchasers and processors;
It also apply to communications to the detriment of any candidate for the office of President of the Republic
.

(4) election campaign mayor may reserve surfaces for the posting
election posters, and 16 days before the date of the presidential election.
Possibility of its use must conform to the principle of equality of the candidates for president
.

(5) In the period commencing 16 days and ends 48 hours before election
president have candidates for the post of President of the Republic, whose
list of candidates has been registered is restricted to the Czech Television
5 hours in Czech radio 5 hours free of charge, provided
broadcasting time. During the four days beginning and ending 48 hours before the vote
second round of the presidential election are candidates for the position
President of the Republic, who advanced to the second round of elections
president, dedicated the Czech Television 1 hour and Czech Radio 1
hours of free airtime provided.
Dedicated airtime to candidates divided equally. Dates broadcast times determined
Czech Television and Czech Radio lot. Responsibility for the content of these programs have
candidates. If a candidate after the start of the election campaign extinguished
candidacy according to § 27, loses the right to broadcasting time.

(6) At the time commencing on the third day before the date of the presidential election and ending
end of voting shall not be treated
published the results of pre-election or election surveys.

(7) In the building, which houses a polling station and its immediate surroundings
days in which these subjects are
vote, banned electioneering for candidates for president
Republic.

§ 36

Campaign finance

(1) The financing of election campaigns includes all income and expenditures
election campaign.

(2) The election campaign financing to keep accounts in full
under the law regulating accounting. Members of the Election Committee shall designate in writing
bookkeeping, one of the members. Over the entity is considered
election committee.

(3) Data on funding for election account shall
with an indication of the origin of these funds, including the name,
surname, date of birth and address of the place of residence of the individual, which means they
provided, or, in the case of a legal person, stating its
business name or name, registered office and identification number of the person, if
allocated.

(4) Information on other transactions appreciable in cash are recorded with
an indication of the origin of these transactions, including the name,
surname, date of birth and residence address of the person filling this
provided, or, in the case of a legal person, stating its
business name or name, registered office and identification number of the person, if
allocated.

§ 37

Expenditures on the election campaign

(1) expenditures for the election campaign means the sum of all financial
funds or other benefits assessable in money that
candidate for the post of President of the Republic shall make the payment of costs
election campaign, including costs incurred before applying
candidate lists.

(2) Expenses for the election campaign may not exceed EUR 40 million CZK
including value added tax, participated if the candidate only
first round of elections, or the amount of CZK 50 000 000, including value added tax ,
participated if the candidate of the first and second round of selection. This amount is included
amounts candidate for the post of President of the Republic
paid or to be paid, including amounts that have paid or pledged as a candidate
paid by a third party. If bottling, which is part of the

Election campaign, provided free of charge or at a price lower than usual,
counted into this sum of its usual price.

§ 38

Disclosures on campaign financing

(1) The Election Committee within 60 days of the publication of the overall results of the elections
publish a manner allowing remote access on the web site
candidate and sends the Mandate and Immunities Committee of the Senate
full accounting of the election campaign, and it
in paper or electronic form, signed by a recognized electronic signature
all members of the electoral committee or through a data box.

(2) The Election Committee within 15 days from the date the funds were
election on account of unused election campaign
converted into a publicly beneficial purpose in accordance with § 24 para. 7, to publish in a manner allowing remote
access to the website of the candidate and sends the
Mandate and Immunities Committee of the Senate of information about who, what
extent and at what public benefit purpose of these funds were transferred
, in paper or electronic form
signed with a recognized electronic signature of all the members of the electoral committee or
via data boxes.

§ 39
Polling station


(1) The polling station must be fitted each electoral district electoral
box, portable ballot box, a sufficient amount
ballots, blank envelope bearing the official stamp
municipal office, writing materials, transcripts
permanent list and the special list and this law, which must be voters at their request
loaned for inspection.

(2) The polling stations are to insert the ballot paper into the envelope
bearing the official stamp of the municipal office
designed special areas separated so as to ensure the secrecy of the vote.
Number of these spaces will determine the mayor with regard to the number of electors in the electoral district
.

(3) The building in which the polling station is located or in the immediate vicinity
entrance to the building will be put up in the national flag and
polling station at a decent place puts large national emblem ^ 16).

(4) The polling station must be posted in a conspicuous place
ballots stamped "Sample" a declaration of surrender
candidacy or information about the loss of eligibility of the candidate, if
were delivered to 24 hours before the election of the President, and information about
print errors with the correct information.

(5) The polling station for a special electoral district must be equipped
ballot box, a sufficient amount of ballots
sufficient amount of empty envelopes bearing the official stamp of the embassy
, writing utensils, excerpt from the special | || list maintained by the embassy and this law, which must be
voters at their request, lent for consultation on a worthy place
placed great national emblem and a special space for inserting
ballot in an envelope bearing the official stamp
embassy separated so as to ensure the secrecy of the vote
. The number of such spaces designated by the Head of the embassy with
into account the number of voters in a particular constituency.
In the polling room must be posted in a conspicuous place ballots
stamped "Sample", information on waiver candidacy or
information on loss of eligibility of the candidate, if they were delivered within 24 hours prior to the start
presidential election and information on printer errors
with the correct information.

(6) envelopes bearing the official stamp of the municipal office or representative office
(hereinafter called "official cover") must be in the territory
constituency or special election district opaque
same size, same paper quality and color.

§ 40

Opening vote

(1) Before the vote, the chairman of the district election commission
check whether the polling station equipped in accordance with § 39 and whether
portable ballot box and ballot box is empty;
ago after other members of the electoral commission of these ballot boxes ensure
so that it can not be opened before the end of voting. Similarly
progresses and chairman of the special district election commission, with the exception of

Control and security of portable ballot boxes.

(2) Following an inspection pursuant to paragraph 1 shall declare
chairman of the district election commission and chairman of the special district election commission for voting
launched.

§ 41

Principles vote

(1) The voter votes in person, by proxy shall not be permitted.

(2) Voters comes before the district election commission or special district election commission
and vote in the order in which they arrive at the polling station
.

(3) The voter after coming to the polling proves their identity and citizenship
Czech Republic ^ 17) a valid travel, diplomatic or service passport
Czech Republic or travel card ^ 18) or a valid identity
card-19). After recording the statement of the permanent list
or special list or a special list kept by the embassy
voter shall receive from the district election commission or special
electoral commission empty official envelope. At the request
voters his district election commission or special district election commission
deliver for missing, crossed out or otherwise marked ballots another.
Voter who voted at polling card will receive ballots at a polling station
.

(4) If the voter does not prove their identity and citizenship
Czech Republic will not be allowed to vote.

(5) Voters who are not included in the extracts from the permanent list and that
prove their right to vote in the constituency, the district election commission
letters to the statement from the permanent list and subsequently allow him to vote.

(6) A voter who came to the polling station with a voter card,
is obliged to prove their identity and citizenship pursuant to paragraph 3 of this
license surrender of the district election commission or special district election commission
; It accompanied him to extract from a special list or
extract from a special list maintained by the embassy.

(7) After receiving the official envelope or ballot papers, voter
enters a designated area for inserting the ballot into the official envelope
. In this space, no one can be present with the voter, and
any member of the district election commission or special district election commission
. A voter who alone can choose the ballot for
disability or other reasons can not read or write,
may be in an area designated for inserting the ballot into the official envelope
by another voter, but not a member of the district
election commission or special district election commission and voter ballot for selected
paste it into the official envelope.

(8) The voter may ask the serious, especially health or
family, local authority and the reasons on election district election commission
about it to be able to vote outside a polling station, and only in the territorial || | perimeter of the electoral district for which the district election commission
established. In this case, the district election commission sends to voters
two of its members with the portable ballot box, an official envelope and ballot
tickets. When voting, the members of the district election committee
to maintain the secrecy of the vote. After returning to the polling
shall be recorded in the statement of the permanent list or special list.

§ 42

The voting at the polling

(1) The voter inserts into the official envelope one ballot.
The voting card is not retouched.

(2) The voter votes after leaving to be inserted
ballot into the official envelope inserted in the official envelope with the ballot
ticket before the district election commission or special district election commissions
into the ballot box. A voter who is unable to insert
official envelope with the ballot into the ballot box, it can do different
voter, but not a member of the district election commission or special district election commission
.

(3) Voters who are not taken to a room intended for insertion
ballot into the official envelope, the district election commission or
special district election commission vote prohibitive.

§ 43

The order at the polling station and its immediate surroundings

The order at the polling station and its immediate surroundings corresponds
chairman of the district election commission chairman or special district election commission
. His instructions to maintain order during the vote in

Accordance with the law are binding for everyone.

§ 44

Interruption vote

(1) After voting, the first day of the presidential election will ensure
district election commission and special district election commission election
clipboard, or portable ballot boxes so that nothing can be inserted
ballots, or it is to collect and secure other documentation
election. Before the vote, the second day of elections
president verifies the security of the chairman of the district election commission and chairman
special district election commission in the presence of members of the precinct election commission
and members of the special district election commission.

(2) If there are circumstances that make it impossible to open a voting or
resume, the district election commission or special district election commission
adjourn the commencement of voting at a later hour or
interrupt, but not later than about 1 hour. If there are circumstances that make it impossible
stop voting may be extended by a maximum of one hour.
Electoral commission of such action shall inform voters manner
usual spot and municipal office, authorized municipal office and the regional office.
Special district election commission shall inform voters manner at the point
usual and embassy. If the vote is broken
ensure the district election commission or special district election commission
electoral documentation and ensure the ballot box, or portable
ballot box so that nothing can insert the official envelope
or select them. During the resumption of the vote
chairman of the district election commission chairman or special district election commission
in the presence of members of the district election commission or special
members of the district election commission verifies security.
Facts concerning the adjournment, suspension or extension of voting notes
district election commission or special district election commission in writing about the course and outcome of the vote
.

§ 45

Checking voting and counting

(1) During voting and the counting of votes conducted by members of the district election commission
at a polling station, members of the State Election Commission,
employees of the Interior Ministry, who form the secretariat of the State Election Commission
, and county employees inclusion in the regional office, who
certified under another legal regulation 11), and the employees
inclusion in authorized municipal authority, who are certified by
another legal regulation 11), carry out on-site inspection. The accomplished
checks shall prepare a record, which is part of election documentation.

(2) Guidelines persons who carry out checks, except
guidelines aimed at determining the results of voting are to the district election commission
binding. Upon detection of minor deficiencies will remove these
chairman of the district election commission in place immediately. In case of serious shortcomings
gives the person who performs the control instruction to eliminate them
district election commission, which interrupts the vote according to § 44
or suspend the counting of votes. When an interrupt tallying proceed
similarly to interrupt voting.

(3) During the voting and the counting of votes at polling station in the
Czech Republic and abroad have the right to be present observers
international bodies and organizations established by international renowned
contract, which the Czech Republic bound, and the Organization for security and cooperation in
Europe, the participation of its observers
notify the Ministry of foreign Affairs no later than three days before election day
president; The Ministry of Foreign Affairs will publish a list of such
international bodies and organizations on its website;
Observers of these international bodies and organizations
can not interfere in the voting and counting of votes.

§ 46

Information on voting

Members of district election commissions and special district election commissions
and those who have the right to be present in the room where
district election commission and special district election commission counts the votes, not
provide information on the progress and partial results of the presidential election and
until the signing of the progress and outcome of the vote;
ban will not apply to information about the number of voters who have already voted.

§ 47
Exit polls



(1) Upon the expiration of the period stipulated for the vote, closes
polling station, but had to allow all voters to vote who are
at the polling place or in front of it. Then, the President shall declare
electoral commission chairman or special district election commission
polls closed.

(2) Once the chairman of the special district election commission in a special
constituency, where voting takes place in accordance with § 2 para. 4, declares
poll is closed, proceeds special district election commission according to § 44 paragraph
. 1 first sentence and suspend its meetings until the commencement of counting of votes
(§ 49).
TITLE V


Determining the results of elections of the President

§ 48

Presence in the counting of votes by the district election commission

In the room where the district election commission counts the votes, have the right to be present
employees of the Czech Statistical Office, who have a mandate
according to § 10 paragraph. 2 point. b) employees of the municipality included in the municipal office in charge
who are certified under another legal provision
^ 11), employees of counties included in the regional office who
certificate under another legal regulation 11), members
State election Commission and the Ministry of Interior employees, who form the Secretariat
State election Commission, observers according to § 45 para. 3, as well as persons
who gave permission to the State election Commission.

§ 49

Counting of votes by the district election commissions and special district election commissions


(1) The special district election commission begins tallying once
elapsed time set for the vote in the Czech Republic.

(2) Upon expiry of the period for the completion of voting in the Czech Republic
be chairman of the district election commission and chairman
special district election commission to secure the remaining unused ballots and
official envelopes and then be open election mailbox.

(3) the district election commission and special district election commission removed
official envelopes containing the ballots from the ballot box. In the event that
was the district election commission at the express request of individual voters
also used portable ballot boxes, the district election commission opens
portable ballot box, removed from the official envelope with the ballot
tickets and content boxes after opening mixed. Other than official
envelopes district election commission and special district election commission
eliminated. Excludes voting ballots that were found in the electoral
mailbox, or portable electoral mailbox without an official envelope.
District election commissions and special district election commission counts
official envelopes and compares the number of records in excerpts from permanent
list and from a special list or from a special list maintained by the embassy
.

(4) After the exclusion of ballots from district election official envelopes
commission and special district election commission shall examine the ballots, then
distributed ballot papers by candidates and adds them together.
The observed number of valid ballots for individual candidates
is the number of valid votes cast for him.

(5) Each member of the district election commission and special district election commission
can inspect the ballots. The chairman of the district election commission and chairman
special district election commission checks the correctness
counting of votes.

§ 50

Assessment ballots

(1) An invalid ballot paper is not in the prescribed form
or is broken.

(2) the district election commission or special district election commission
ballots referred to in paragraph 1 defer as invalid votes with
indicating the reason of their invalidity.

(3) If the official envelope several ballots, it is an invalid
voting process; these voting tickets shall be disregarded and
district election commission or special district election commission these tickets postpone voting
as invalid votes indicating the reason their
invalidity.

(4) Damage or fold the ballot paper does not affect its validity
when seen from him the necessary information. In favor
candidate will count those ballots on which the voter
carry out various repairs, if they make evident the necessary data.

(5) The validity of the ballot and vote confirms the validity of the election district

Election commission or special district election commission.

§ 51

Writing on the course and outcome of the vote in the constituency and in a special constituency


(1) the district election commission and special district election commission shall
in two counterparts record of the conduct and outcome of the vote.
Writing signed by members of the district election commission or special district election commission
; If any member of the commission refuses to signature, indicate
reasons in a separate annex to the minutes.

(2) The minutes of the district election commission or special district election commission
about the course and outcome of the vote shall

A) identification of a specific constituency or electoral district

B) the period beginning and end of voting, or its adjournment,
interruption or extension, stating the reasons

C) the total number of people in the constituency or in a special election precinct
registered in the excerpt from the permanent list and to extract from a special
list or from a special list maintained by the embassy, ​​

D) the number of voters who were given official envelopes,

E) the number of official envelopes handed,

F) the number of valid votes cast for each candidate and the number
total valid votes for all candidates

G) a brief synopsis of the notifications and complaints that were filed
district election commission or special district election commission resolutions
Commission has adopted, and a brief justification.

(3) Where any district election commission or special district election commission
copy of the report on the progress and outcome of the vote, or
for copies of data on a data carrier computer uses software supplied
Czech statistical Office.

§ 52

Handover report on the conduct and results of voting Czech Statistical Office


(1) Following the signing of the progress and outcome of the vote in the electoral district
chairman of the district election commission or authorized member of the district election commission
forward one copy of the report on the conduct and outcome of the vote
in the constituency, or the outcome of the vote in data form on a data carrier
promptly Czech statistical Office on
work with authorized local authority.

(2) Following the signing of the progress and outcome of the vote in a particular constituency chairman
special district election commission or authorized
member of the special district election commission shall send a record of the conduct and outcome
vote in a particular constituency in electronic form, including
voting results in data form immediately to the Czech statistical Office through
workplace of the Czech statistical Office at the Ministry of foreign Affairs
.

(3) If the transmitted record on the conduct and outcome of the vote in the constituency
errors occur, in the event that the President
district election commission or authorized member of the district election commission empowered to remove
errors in the report on the conduct and outcome of the vote in
constituency, in cooperation with them on the spot removed;
however, if the Chairman or authorized member of the district election commission to correct these errors
empowered, or is it an error, the correction is only possible with the use
documents stored in a polling station will be writing about the course
and the outcome of the vote in the constituency rejected a deadline to eliminate errors and
handover of a new report on the conduct and outcome of the vote in the constituency
.

(4) If the sent report on the conduct and outcome of the vote in a particular constituency
there are errors, the record of the conduct and outcome
vote in a particular constituency rejected a deadline set
to eliminate errors and sending a new report on the conduct and outcome
vote in a particular constituency.

(5) Upon receipt of the minutes on the course and outcome of the vote to the next processing
receives chairman of the district election commission or authorized member
electoral commission chairman or special district election commission
or authorized member of the special district election commission
from the Czech statistical Office document in the form of a printout from the computer
certifying that the outcome of the vote in an election district or special
constituency was taken for further processing flawlessly. Chairman
special district election commission or special district authorized member

Electoral Commission receives the document through the Ministry of Foreign Affairs
transmission technology. Czech Statistical Office will issue
instruct the district election commission or special district election commission may
its meeting on the second day of the presidential election exit. This does not prejudice § 58.


(6) non-fulfillment by the district election commission or special district election commission
to challenge the Czech Statistical Office obligations under paragraph 1
or 2-24 hours after the vote in accordance with § 47, or within
determined under paragraph 3 or 4 may be the overall result of the election of President
processed without this constituency or special
constituency. After this period has been the result of this
electoral district or special election district disregarded.

(7) the district election commission and special district election commission seal
copy of the report on the conduct and outcome of the vote cast
voter cards, cast ballots and official envelopes, extract from the permanent
list, a listing of special list or an extract from a special list kept by the diplomatic authority
proof of receipt of the outcome of the vote in
further processing and the possible entry of checking.
District election commission said documents forwarded along with other election documents into custody
municipal office, special district election commission said documents
cast embassy, ​​which is sent along with the rest
election documentation to the Ministry of Foreign Affairs.

§ 53

Determining the outcome presidential election

(1) The Czech Statistical Office workplaces with authorized municipal offices
and the workplace of the Czech Statistical Office at the Ministry of Foreign Affairs takes
voting results for all electoral districts and special
constituencies of which were the deadline for delivering the results
vote according to § 52; processes the overall outcome of the presidential election and
documented by a report on the outcome of the presidential election.

(2) The State Election Commission approves the registration of the outcome of the presidential election
passed by the Czech Statistical Office. The minutes shall be signed by members of the State Election Commission
; If any member of the commission refuses to signature,
reasons shall be given in a separate annex to the minutes.

(3) The registration of the State Election Commission on the outcome of the presidential election shall

A) the total number of electoral districts and the number of district election commissions,
which transmitted the results of the vote

B) the number of special polling districts and the total number of special
district election commissions, which transmitted the results of the vote

C) the total number of people registered in excerpts from permanent lists of
special lists and the special lists kept by the embassy
Office

D) the total number of voters who were given official envelopes,

E) the total number of official envelopes handed,

F) the total number of valid votes cast for all candidates

G) rank the candidates according to the number of validly cast votes and the number of votes
; if more candidates received equal number of votes shall be listed in alphabetical order
,

H) the name and surname of the elected candidate (§ 54), or the fact that
none of the candidates received the required number of votes to be elected.

§ 54


Election Candidate
President of the Republic is elected, the candidate who receives an absolute majority
of the total valid votes of eligible voters who participated
election and cast a valid vote (hereinafter the "authorized voter").

§ 55

Announcement of the outcome of the presidential elections after the first round of the presidential election

According to the findings of the State Election Commission

A) in the event that the president was elected in the first round, and will announce
forward the overall result of the presidential election (§ 57), or

B) announce the result of the presidential election in the first round of the presidential election
publication of the minutes of the State Election Commission on the outcome of the presidential election on
website of the Ministry of Interior designated for election.

§ 56

Second round of the presidential election

(1) In the event that no candidate obtains the number of votes required for election
according to § 54, the Interior Ministry will ensure that the second round of the presidential election held
14 days after the beginning of the first round of the election || | president in place and time according to § 2.

(2) to the second round presidential election advance two candidates

Received in the first round of the presidential election the most votes validly cast
eligible voters. If the first ranked more
candidates with the same number of valid votes cast
eligible voters in the second round all these candidates only from
first place. If there is a tie in the number of valid votes cast
eligible voters for candidates who finished in second place,
in the second round presidential election candidate in the first place and
all candidates for second place.

(3) If the candidate who advanced to the second round of the presidential election
cease to be optional for the president ahead of the second round of elections
president or the right to stand surrenders advance to the second round of presidential election candidate
who in the first round of the presidential election won
next highest number of valid votes of eligible voters. When
equality of valid votes of eligible voters progressing all such
candidates. The second round of presidential elections will be held even participate if
it is only one candidate.

(4) The Ministry of Interior will publish immediately after the deadline specified in
§ 27 paragraph. 1 on its website intended for elections
information about candidates who advanced to the second round of elections
president.

(5) When the printing of ballots for the second round of the presidential election
proceed according to § 28 par. 3 and 4, with the ballots of all
candidates from the first round of presidential elections will be printed with the designation || | 'second round of the presidential election. " Ballots sent by the Ministry of Interior through
authorized municipal offices mayors who
ensure that ballots were received before the vote
precinct election commissions. Electoral commission before starting
second round of presidential election ballots collected advancing
candidates. Voter receives ballots on the presidential election
polling station. To vote in the special election districts to apply
ballots advancing candidates from the first round of elections
President and endorsed with a stamp showing the text "2. bike".

(6) for the second round of presidential elections, the provisions of this Act
appropriately.

(7) The President of the Republic is elected, the candidate who won
in the second round of the presidential elections the highest number of valid votes of eligible voters
. If more such candidates, the president is not elected.

§ 57

Announcement and delivery of the overall outcome of the presidential election

(1) The State Election Commission will announce the overall result of the presidential election
publication of the minutes of the State Election Commission on the outcome of the presidential election
notification in the Official Gazette.

(2) The State Election Commission shall forward the overall outcome of the presidential election
President of the Senate, and unless the President of the Senate occupied,
President of the Chamber of Deputies immediately after the announcement of the total
outcome of the presidential election.

§ 58

Termination of the district election commission and special district election commission


(1) The activity of the district election commission and special district election commission
presidential election is finished fifteenth day after its publication
overall results of the elections of the President of the State Election Commission.

(2) Where a request for annulment of the presidential election (§ 66), ends
activities of the district election commission and special district election commission on the day
legal force of a court decision if the proposal was court || | rejected or that the proposal was found to be authorized by the court and repeated
presidential election, or the fifteenth day after the announcement of the total score
repeat of the presidential election.

§ 59

A new presidential election, redial president or repetition of the presidential election


(1) A new presidential election is held,

A) failing to select a president, or

B) if the elected candidate dies before taking the oath or refuses to
oath or take the oath subject.

(2) Re-election of the President or the repetition of the presidential elections to be held
, if the court finds the application to annul the presidential election (§ 66)
warranted. If the court decides a repeat of the presidential election, electoral authorities
proceed from acts under this Act, which he called
court in its decision, as those were the reason for the repetition of
presidential election and operations with them closely related.


(3) new or repeat election of the President shall declare the chairman of the Senate
later than 10 days after it occurred by reason of paragraph 1 or 2, and provides
day of the meeting so that they held no later than 90 days | || publication. For new and repeat presidential election valid
period under this Act mutatis mutandis.

(4) Repetition of the presidential election the President shall declare the Senate
later than 10 days after, when there was no reason under paragraph 2, while
later than 30 days before the first act to be repeated.
To repeat of the presidential election valid period under this Act mutatis mutandis.

§ 60

Claims members of district election commissions and special precinct election commissions


(1) A member of the district election commission and special district election commission has
entitled to special compensation for performance. Member of the district election commission
and special district election commission, which is in the employment or service relationship
shall be entitled to time off work or business in a strictly
extent and compensation for wages, salary, income or remuneration Staff
in the amount of average earnings from releasing employer.
Member of the district election commission and special district election commission, which is not
in employment or service contract, however, is gainfully employed,
for the lump-sum compensation for lost earnings for the period of performance of a member
electoral commission and special district election commission.

(2) Membership in the district election commission and special district election commission
an act in the public interest.

§ 61

Claims candidates

(1) A candidate is entitled to from the day after the registration of candidates
to the day preceding the presidential election, or
until the day preceding the second round of the presidential election, was the one to whom the work is
or service relationship, provide time off without wage compensation
business or leisure without providing service income.
Activities candidate at this time is an act in the public interest.

(2) The fact that someone is a candidate, he should not be to the detriment of his
labor or service relations.
TITLE VI



ADMINISTRATIVE OFFENCES
§ 62
Offences


(1) A person who commits an offense, contrary to § 35 para. 6
publish election or election polls.

(2) An offense under paragraph 1 may be fined up to 30 000 CZK.

§ 63

Administrative offenses of legal persons and entrepreneurs

(1) A legal entity or a natural person as the operator
radio or television broadcaster or publisher of periodicals
print commits an administrative offense, contrary to § 35 para. 6
publish pre-election or election surveys.

(2) For an administrative offense under paragraph 1 shall be fined up to CZK 500 000.

§ 64

Joint provisions on administrative offenses

(1) A legal person for an administrative delict if it proves that
made every effort that could be required to breach
legal obligations prevented.

(2) In assessing the fine legal person takes into account the seriousness
administrative offense, especially the manner of its commission and its consequences
and the circumstances under which it was committed.

(3) The liability of a legal person for an administrative tort shall expire if
administrative authority did not commence proceedings within 3 months from the date when it became
but no later than 3 years after the date on which it was committed .

(4) Administrative offenses under this Act in the first instance
regional authority delegated powers.

(5) The liability for conduct that occurred in entrepreneurial
natural person or in direct connection therewith, shall be subject to the provisions of this
Act on liability and sanctions to legal persons.

(6) The imposition of a fine not affect the penalty provisions of the Act
regulating radio and television broadcasting.
The fine is payable within 30 days from the date of coming into force of the decision on
saved.
TITLE VII

JUDICIAL REVIEW


§ 65

Protection in the matter of registration of candidates

(1) against the refusal of candidates may proposing
MPs, senators proposing, designing and citizen candidates listed on
candidate list, which was rejected, within 2 working days from receipt of the decision to seek
protection in court by another legal regulation
^ 12).


(2) against the registration of candidates may proposing
MPs, senators proposing and requesting citizen within 2 working days from receipt of the decision
seek protection in court by another legal regulation
^ 12).

§ 66

Protection in the matter of electing the president

(1) Submitting a proposal for the annulment of the presidential election may seek
protection in court by another legal regulation 12)
every citizen registered in the permanent list, a special list maintained by the embassy, ​​
proposing MPs, senators proposing or suggesting citizen (hereinafter
"petitioner"). The proposal must be filed no later than seven days after its publication
overall results of the elections of the President of the State Election Commission.

(2) The application for annulment of the presidential election may be filed by a petitioner if
considers that the provisions of the Act were violated in a manner that could affect the outcome of the presidential election
.

§ 67

Proceedings for infringement of the rules of campaign financing

(1) Submitting a proposal may be a candidate for the post of President of the Republic
demand that the court according to another legal regulation 12) decided that
violation of the rules of campaign financing under this Act
accepting funds or other performance
realizable value of money, which it is not known or the true origin
exceeding the spending limit for election campaign or breach of duty on the lead
campaign financing accounts or under this Act || | disclose, and how and to what extent this obligation was breached
.

(2) A petition must be filed within 60 days from the day when the
manner allowing remote access to the website
candidate's published accounts of the election campaign, or within 60 days of the date of the expiration of the deadline
for its publication.

§ 68
Jurisdiction


The proceedings under § 65 and 66, the Supreme Administrative Court. To control
according to § 67 of the respective Municipal Court in Prague.
TITLE VIII


PROVISIONS COMMON AND EMPOWERING

§ 69
Enabling provisions


Interior Ministry decree provides

A) of the Ministry of Interior, regional authorities, authorized municipal
offices, municipal offices and embassies in storing and archiving
ballots and other election documents,

B) in agreement with the Czech Statistical Office

First Interior Ministry procedure for the transmission of documents from candidates
documents to create a registry of candidates by the Czech Statistical Office and
the correctness of the data included in the electoral lists and
procedure State Electoral Commission of the draw numbers to indicate
ballots,

Second Pattern of candidates with attachments, pattern ballot pattern
record of inspection, specimen forms for detecting and processing
results of presidential election voting patterns and other documents

C) in agreement with the Ministry of Labour and Social Affairs and the Ministry of Finance
amount of the special remuneration for serving as a member of the district election commission
and special district election commission, the manner of its payment and payment
and the amount of the flat lost earnings for the period of performance of a member
district election commission and special district election commission.

§ 70

Expenditure electoral authorities

Expenses of administrative authorities and electoral authorities related to the presidential election
shall be paid from the state budget.

§ 71

The joint holding elections

(1) takes place if the presidential election together with the elections to the Chamber of Deputies
, the district election commission and special district election commissions will not constitute
under this Act. District election commissions and special
district election commissions established for elections to the Chamber of Deputies perform tasks
district election commissions and special district election commissions
for the presidential election. One member and one alternate to the
electoral commission may delegate and a citizen who is entitled
propose a candidate for the post of President of the Republic, and it brought
list of candidates has been registered.

(2) takes place if the presidential election, along with elections to the European Parliament
or the regional council, the district election commission
established for elections to the European Parliament or the regional council
perform the tasks of district election commissions and to select the president.
One member and one alternate to the district election commission may delegate and

Citizen who is entitled to propose a candidate for President of the Republic and
him from the list of candidates has been registered.
Special district election commissions are established under this Act.

(3) takes place if the presidential election, along with elections to local councils
municipalities, district election commissions established for elections to municipal councils
perform the tasks of district election commissions for election of the president.
One member and one alternate to the district election commission may delegate even
citizen who is entitled to propose a candidate for President of the Republic and
him from the list of candidates has been registered.
Special district election commission and electoral commission in the military
Újezdech be established in accordance with this Act.

(4) takes place if the presidential election together with the elections to the Senate,
precinct election commission established under this Act shall perform the duties of district election commissions
for election to the Senate. One member and one alternate to the
electoral commission in the constituency where the
announced elections to the Senate, may delegate any political party,
political movement, coalition and independent candidate whose application for registration
He was registered for the Senate elections in the constituency, which includes
electoral district.

(5) If a joint holding elections voter inserts the ballot
candidate for the post of President of the Republic in an envelope intended for other
jointly held elections.

(6) In the joint holding of the elections shall transmit the district election commission
record of the progress and outcome of the vote in the constituency, or even result
vote on a data carrier, in Prague and in the cities of Brno
Ostrava and Plzen authorized local authority pursuant to § 6. 1
point. F).

§ 72

Relation to the Administrative Procedure

The process according to the Administrative Procedure Act, except proceedings
misdemeanors and other administrative offenses, apply.

§ 73
Deadlines


(1) The time-limit is not counted on the decisive day for the beginning of time;
It does not apply, if the period specified in hours.

(2) The time limits specified in this Act for 24 hours or 48 hours ending
starting the clock, which is its sign coincides with the hour
opt for a deadline. In other cases, the deadlines specified by the hour ends
expiry of the deadline fixed hours.

(3) The time period specified in days is maintained, if the last day
act made by the competent authority and no later than 16.00.

(4) Deadlines can not be extended or waived their default, except
limits pursuant to § 15.

§ 74

(1) Embassy verifies after the announcement of the presidential election under § 3,
whether the legislation of the country where the embassy headquarters,
allow citizens to vote in the presidential election, or whether it is to ensure
voting at a consulate need a special permit;
In this case ask for his release.

(2) Unless citizens to vote in the presidential election on
embassy because the legislation of the country where the embassy
office headquarters, did not allow it, or unless a permit is issued, receive voters
enrolled in a special list kept by the diplomatic authority
polling card along with information about nearby
particular constituency, where voting is allowed.

(3) Where this Act or certified copies of documents
authenticity of the signature, it is considered that condition is outside the Czech Republic for
fulfilled perform this verification if the competent authority or by a foreign person in the state
the scope of the embassy, ​​which is the document presented.
Such verification copy of the document or the authenticity of the signature
not subject to further verification.
TITLE IX

TRANSITIONAL PROVISIONS


§ 75

Necessary tasks connected with the presidential elections made before the effective date
force of this Act shall be deemed acts performed under this Act
.
PART TWO


Changing the law on the establishment of ministries and other central public administration


§ 76

Act no. 2/1969 Coll., On establishment of ministries and other central bodies
government of the Czech Republic, as amended Act no. 34/1970 Coll., Act No.
. 147/1970 Coll., Act no. 125/1973 Coll., Act no. 25/1976 Coll., Act No.
. 118/1983 Coll., Act no. 60/1988 Coll., Act no. 173/1989 Coll.
Legal action Presidium of the Czech National Council no. 9/1990 Coll.

Act no. 93/1990 Coll., Act no. 126/1990 Coll., Act no. 203/1990 Coll.
Act no. 288/1990 Coll., The legal measures of the Czech National
Council no. 305/1990 Coll., Act no. 575/1990 Coll., Act no. 173/1991 Coll.
Act no. 19/1992 Coll., Act no. 23/1992 Coll., Act No. . 103/1992 Coll.
Act no. 167/1992 Coll., Act no. 239/1992 Coll., lawful measures
the Czech national Council no. 350/1992 Coll., Law no. 358 /
1992 Coll., Act no. 359/1992 Coll., Act no. 474/1992 Coll., Act no. 548/1992
Coll., Act no. 21/1993 Coll., Law no. 166 / 1993 Coll., Act no. 285/1993
Coll., Act no. 47/1994 Coll., Act no. 89/1995 Coll., Act no. 289/1995
Coll., Act. 135/1996 Coll., Act no. 272/1996 Coll., Act no. 152/1997
Coll., Act no. 15/1998 Coll., Act no. 148/1998 Coll., Act no. 63 /
2000 Coll., Act no. 130/2000 Coll., Act no. 154/2000 Coll., Act no. 204/2000
Coll., Act no. 239/2000 Coll., Act no. 257 / 2000 Coll., Act no. 258/2000
Coll., Act no. 365/2000 Coll., Act no. 458/2000 Coll., Act no. 256/2001
Coll., Act. 13/2002 Coll., Act no. 47/2002 Coll., Act no. 219/2002
Coll., Act no. 517/2002 Coll., Act no. 62/2003 Coll., Law no. 162 /
2003 Coll., Act no. 18/2004 Coll., Act no. 362/2004 Coll., Act no. 421/2004
Coll., Act no. 499/2004 Coll., Act no. 501 / 2004 Coll., Act no. 587/2004
Coll., Act no. 95/2005 Coll., Act no. 127/2005 Coll., Act no. 290/2005
Coll., Act. 57/2006 Coll., Act no. 70/2006 Coll., Act no. 71/2006
Coll., Act no. 179/2006 Coll., Act no. 186/2006 Coll., Law no. 189 /
2006 Coll., Act no. 225/2006 Coll., Act no. 267/2006 Coll., Act no. 110/2007
Coll., Act no. 274/2008 Coll., Act no. 297 / 2008 Coll., Act no. 304/2008
Coll., Act no. 295/2009 Coll., Act no. 375/2011 Coll. and Act no. 458/2011 Coll
., is amended as follows:

First § 6 para. 3 point. k) the words "Czech Republic", the words
"and the election of the President of the Republic."

Second In § 12 para. 1 letter l) reads:

"L) elections to local government, to the Parliament of the Czech Republic
, the European Parliament held in the Czech Republic and
election of the President of the Republic".
PART THREE



Canceled
§ 77


Canceled
§ 78


Canceled PART FOUR


Amendment to the Act on the Constitutional Court

§ 79

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
. and Act no. 227/2009 Coll., is amended as follows:

First In § 43 par. 2 point. b) the words "§ 71a par. 1", the words "
, § 97, 105".

Second § 96 is deleted.

Third In § 97 para. 1 and 2, § 104. 1 and § 105 para. 1
after the word "treason" the words "or a gross violation of the Constitution or other
part of the constitutional order."

Fourth In § 98 paragraph 3 reads:

"(3) The fact that the President of the Republic after initiation
resigned his office or his function ceased expiration of the term for which he was elected,
no reason to stop the proceedings.".

Fifth In § 101, paragraph 1 reads:

"(1) The Judge-Rapporteur if necessary complement investigation conducted by the Senate
possibly invite the Senate to complete the investigation and action, and prepare oral
negotiations.".

6th In § 102, the word "mainly" is replaced by "at least".
PART FIVE


Change Advertising Regulation Act

§ 80

In § 2 of Law no. 40/1995 Coll., On regulation of advertising and amending and supplementing
Act no. 468/1991 Coll., On radio and television broadcasts
, as amended, in as amended by Act no. 138/2002
Coll., Act no. 480/2004 Coll., Act no. 384/2005 Coll., Act no. 36/2008 Coll
. and Act no. 132/2010 Coll., at the end of paragraph 1
period is replaced by a comma and letter g), added:

"G) anonymous advertising relating to elections during the election campaign by
electoral law.".
PART SIX


Amendment to the State Statistics Service

§ 81

In § 4 para. 1 of Law no. 89/1995 Coll., On State Statistical Service,
amended by Act no. 230/2006 Coll., Letter p) reads:

"P) performs state administration of processing the results of elections to
territorial government councils, the Parliament of the Czech

Republic, the European Parliament held in the Czech Republic and
election of the President of the Republic and processing results of the national referendum
to the extent determined by special legislation. ".
PART SEVEN


Amendment of the Rules of Procedure of the Chamber of Deputies

§ 82

Law no. 90/1995 Coll., On the Rules of Procedure of the Chamber of Deputies, as amended
Act no. 47/2000 Coll., Act no. 39/2001 Coll., Act no. 78/2002 Coll.
Act no. 192/2002 Coll., Act no. 282/2004 Coll., Act no. 359/2004 Coll.
Act no. 482/2004 Coll., Act no. 167/2005 Coll. Act no. 205/2006 Coll.
Act no. 573/2006 Coll., Act no. 162/2009 Coll., Act no. 402/2009 Coll.
Act no. 265/2011 Coll . and Act no. 375/2011 Coll., is amended as follows:

First In § 29 para. 1, letters b) and c) are deleted.

Existing letters d) to i) are marked as letters b) to g).

Second In § 50 par. 1 letter j) shall be deleted.

Existing letters k) to Staples) are renumbered j) past).

Third In § 70, Paragraph 5, which including footnote no.
12a reads:

"(5) The approval of filing a constitutional action against President
Republic to the Constitutional Court for high treason or gross violation of the Constitution
or other parts of the constitutional order requires the consent
fifths majority of all deputies. If the House has been expressed consent to
3 months from the day when the Senate asked him, true, that consent was not given
^ 12a).

12a) Art. 65 paragraph. 3 of the Constitution. ".

Fourth § 80 is repealed.

Fifth § 81 reads:

"§ 81

Chairman of the House shall convene after the election of President
joint meeting of the House and Senate, to which the President of the Republic shall take an oath
into the hands of the Senate President. ".

6th In Annex no. 2 Art. 1 point 8, the second sentence is deleted.

7th In Annex no. 2, Art. 2, including headings deleted.
PART EIGHT


Changing the law on public health insurance

§ 83

In § 5. a) Act no. 48/1997 Coll., on public health insurance and
amending and supplementing some related laws, as amended by Act no. 298/2011 Coll
. and Act no. 365/2011 Coll., Section 7 reads:

'7. member of the electoral commission in elections to the European Parliament,
Senate and territorial government councils and district
member of the election commission and special district election commissions for the elections to the Chamber of Deputies and
during the presidential elections ".
PART NINE


Amendment of the Rules of Procedure of the Senate

§ 84

Act no. 107/1999 Coll., On the Senate Rules of Procedure, as amended by Act no.
78/2002 Coll., Act no. 172/2004 Coll., Act no. 625/2006 Coll. and Act no. 162/2009 Coll
., is amended as follows:

First In § 33 para. 1, after letter a) new letters b) to d)
added:

"B) declare the election of the President of the Republic,

C) receive the promise of the president,

D) to receive declarations of the president, who renounces his
office. "

Existing letters b) to j) shall be designated as letters e) to m).

Second In § 41 paragraph. 1, Point d) a new point e), added:

"E) examines whether campaign financing
candidate for President of the Republic took place in accordance with the rules under the Act
governing the election of the President of the Republic; if it finds violations
campaign financing, publish it found violations
campaign financing in a manner allowing remote access. "

Existing letter e) shall become point f).

Third The heading of the seventeenth added: "The joint meeting of both chambers."

Fourth § 133 and 134, including footnotes Nos. 40 and 41 are deleted.

Fifth § 136, including footnote no. 42 reads:

"§ 136

The Senate may, with the consent of Deputies to submit to the Constitutional Court
proceedings against the President of the Republic, for treason or for
gross violation of the Constitution or any other part of the constitutional order (hereinafter "constitutional
action") ^ 42 ).

42) Art. 65 paragraph. 2 and 3 of the Constitution. § 97 of the Act no. 182/1993 Coll., As amended
Act no. 275/2012 Coll. ".

. In § 137, paragraph 1 reads:

"(1) The draft constitutional action may be submitted by at least one third of senators
.".

7th In § 137 paragraph. 2, the words "administration" is deleted and the word "treason"
the words "or a gross violation of the Constitution or other components
constitutional order".

8th In § 137 paragraph. 3, 4 and 5, the words "submission" are deleted.


9th § 138 reads:

"§ 138

(1) The adoption of the draft impeachment by the Senate requires the consent
three-fifths majority of senators present.

(2) If the Senate approves the draft constitutional action, delegates
President of the Senate, the constitutional action by the Chamber of Deputies for a vote of approval
with its administration. They shall also authorize one Senator to constitutional
action at the meeting in the Chamber of Deputies justified. In case
that with the filing of a constitutional action will give its approval, the Senate also
decide whether to entrust the management to represent the Senate impeachment before the Constitutional Court
different person than the President of the Senate.

(3) Constitutional action delivers the Chairman of the Senate to the Constitutional Court as soon as
Deputies agree to its filing. The constitutional action
Senate President also accompanied by a Senate resolution on the approval of a resolution
Chamber of Deputies for a vote of approval with its administration. ".

10th § 139 reads:

"§ 139

Senate negotiations on the draft constitutional action and the motion to withdraw ^ 44)
is private. During negotiations on the draft constitutional action on the draft at its
appeal may only be submitted proposals for approval or rejection.
The proposals shall be voted according to the names. ".

11th In Annex no. 2 of Art. 1 point 9 shall be deleted.
PART TEN


Amendment to the Act on the Collection of Laws and Collection of International Treaties

§ 85

Act no. 309/1999 Coll., On the Collection of Laws and Collection of International Treaties
amended by Act no. 320/2002 Coll., Act no. 114/2003 Coll., Act no. 127
/ 2005 Sb. and Act no. 380/2005 Coll., is amended as follows:

First In § 2 para. 1, Point d) a new point e), added:

"E) the decision of the President of the Senate, and unless the President of the Senate
occupied, chairman of the Chamber of Deputies, to declare presidential election
Republic".

Existing letters e) and f) are renumbered f) and g).

Second In § 2 para. 1 point. f) the words "other central administrative authorities
" the words ", the State Electoral Commission."
PART ELEVEN


The amendment to the Radio and Television Broadcasting

§ 86

In § 48 par. 1 point. e) of the Act no. 231/2001 Coll., on
radio and television broadcasting and amending other laws, as amended
Act no. 132/2010 Coll., after the word "Senators" the words "| || President of the Republic. "
PART TWELVE


Change Law on Local Elections

§ 87

In § 26 par. 5 of Law no. 491/2001 Coll., On elections to municipal councils
and amending some laws, the words "or regional councils'
replaced by" the European Parliament, regional council
or the president. "
PART THIRTEEN


Changing the Administrative Procedure

§ 88

Act no. 150/2002 Coll., Administrative Procedure Code, as amended by Act no. 192/2003
Coll., Act no. 22/2004 Coll., Act no. 237/2004 Coll., Act No. .
436/2004 Coll., Act no. 555/2004 Coll., Act no. 127/2005 Coll., Act no. 350/2005
Coll., Act no. 357/2005 Coll., Act no. 413/2005 Coll., Act no. 79/2006
Coll., Act no. 112/2006 Coll., Act no. 159/2006 Coll., Act no. 165/2006
Coll. Act no. 189/2006 Coll., Act no. 267/2006 Coll., Act no. 216/2008
Coll., Act no. 301/2008 Coll., Act no. 314/2008 Coll., Act No. .
7/2009 Coll., Act no. 320/2009 Coll., Act no. 118/2010 Coll., the Constitutional court announced
under no. 130/2011 Coll. and Act no. 303/2011 Coll., is amended as follows
:

First In § 89 para. 2 the words "independent candidate or political party
which filed an application for registration," the words "or when
presidential elections at least twenty deputies or at least ten
senators who proposed candidate for the post of President of the Republic, or
citizen, who proposed a candidate for the post of President of the Republic, or
candidates listed on the candidate list, which was rejected. "

Second In § 89 para. 4, after the words "independent candidate or political party
which filed an application for registration," the words "or when
presidential elections at least twenty deputies or at least ten
senators who proposed candidate for the post of President of the Republic, or
citizen, who proposed a candidate for president ".

Third In § 89 para. 4, after the words "independent candidate
association of independent candidates or association of political parties or political

Movements and independent candidates, "the words" at least twenty
deputies or at least ten senators who proposed a candidate for the post of President of the Republic
, or citizen who suggested
candidate for the office of President of the Republic ".

Fourth In § 90, Paragraph 5, which including footnote no. 25
reads:

"(5) Under the conditions stipulated by a special law ^ 25) may be a citizen
least twenty deputies or at least ten senators who proposed
candidate for president or a citizen who suggested candidate
as President of the Republic, seeking a court decision on the invalidity of elections
. In proceedings for invalidity of the election are parties
petitioner, relevant election body, at least twenty deputies or ten senators
least, on which filed the list of candidates was presented
candidate whose election is contested, or the citizen, on whose candidate
document was given candidate whose election was attacked, and the person whose election was contested
. The court decides by resolution,
within fifteen days after receiving the proposal. Negotiations not be ordered. If the decision
court the invalidity of the election of the President shall be determined in the resolution,
by which act the election of the President of the Republic will be repeated.
If the court finds an error in the calculation of the election authority in determining the outcome
vote, impose an obligation on the relevant electoral authorities for the registration of
results of the elections of the President and declare that.

25) Act no. 275/2012 Coll., On the presidential elections and amending
some laws (the presidential elections). ".

Fifth Under § 90 the following § 90a, including the heading reads:

"§ 90a

Proceedings for infringement of the rules of campaign financing

(1) Under the terms of the law governing the election of the President of the Republic may
candidate for the post of President of the Republic may demand that
court ruled that in connection with the election of the President
breach of funding rules election campaign

A) accepting funds or other performance
realizable value of money, for which no known or true origin,

B) exceeding the spending limit for election campaign or

C) breach of the obligation to keep campaign finance accounting
or under a special law to disclose

And in what way and to what extent this obligation was breached.

(2) Parties to the proceedings are the petitioner, relevant election committee and its members
a candidate for the post of the president, whose election campaign
proposal.

(3) If the court judgment that a breach has occurred
campaign financing and how and to what extent,
decide also that the electoral committee within the deadline set by the court, which | || not be shorter than 60 days, obliged to pay into the state budget
amount corresponding to one and a half times the amount

A) which corresponds to the value received funds or other
performance royalties in cash, which it is not known whether the true
origin

B) by which the limit was exceeded spending on election campaigns, or

C), which concerned the infringement conduct of election campaign financing
accounts or under a special law to disclose. ".

6th In § 104 at the end of the text of paragraph 1, the words "; It does not apply
case of proceedings relating to violation of the rules of financing the election campaign
".

7th In § 107, the current text becomes paragraph 1 and the following
paragraph 2, which reads:

"(2) The cassation appeal against the judgment in proceedings relating
violation of election campaign financing has suspensive effect.".
PART FOURTEEN



EFFICIENCY
§ 89

This Act comes into force on 1 October 2012, with the exception of
fourth, seventh part, in terms of section 3 and section nine, in terms of points
5-10, which come into effect on 8 . March 2013.
Nemcova vr

Klaus vr

Nečas


1) § 26 of Act no. 491/2001 Coll., On elections to municipal councils and
amending certain laws, as amended by Act no. 275/2012 Coll.

2) § 3 para. 2 of 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. 204/2000 Coll.

3) For example, Act no. 372/2011 Coll., On health services and conditions

Their provision (Health Services Act), Act no. 258/2000
Coll., On protection of public health and amending certain related
Acts, as amended.

4) § 55-65 of the Civil Code.

5) § 64 of Act no. 128/2000 Coll., On Municipalities (Municipal Establishment), as amended
Act no. 313/2002 Coll. Decree no. 388/2002 Coll., On determining the administrative
municipalities with authorized municipal authority and administrative districts of municipalities with extended powers
, as amended.

6) Act no. 130/2000 Coll., On elections to regional councils and amendment
certain laws, as amended.

7) § 6 para. 5 and 6 of the Act no. 247/1995 Coll., On elections to the Parliament of the Czech Republic
and amending and supplementing certain other laws, as amended
.

8) Act no. 111/2009 Coll., On basic registers, as amended
regulations.

9) § 6 par. 3 point. k) of the Act no. 2/1969 Coll., on establishment of ministries and other central bodies
government of the Czech Republic, as amended
.

10) § 4 para. 1 point. p) of the Act no. 89/1995 Coll., on the State Statistical Service
, as amended.

11) Act no. 491/2001 Coll., On elections to municipal councils and
change some laws, as amended.

Act no. 247/1995 Coll., On elections to the Parliament of the Czech Republic and
amending and supplementing certain other laws, as amended
regulations.

Act no. 130/2000 Coll., On elections to regional councils and amendment
certain laws, as amended.

12) Act no. 150/2002 Coll., Administrative Procedure Code, as amended
regulations.

13) § 28 of Act no. 491/2001 Coll., On elections to municipal councils and
amending certain laws.

14) Act no. 133/2000 Coll., On register of population and birth certificate numbers and
amended (the Population Register Act), as amended
transcripts.

15) § 4 of the Act no. 293/1993 Coll. On remand.

§ 1 of the Act no. 129/2008 Coll., On security detention and amending certain related laws
.

§ 5 of the Act no. 169/1999 Coll., On Imprisonment and amending
some related laws, as amended.

16) § 2 of the Act no. 3/1993 Coll., On the State Symbols of the Czech Republic.

17) § 20 of Act no. 40/1993 Coll., On the acquisition and loss of citizenship
Czech Republic, as amended.

18) § 5 para. 1 point. a) to d) of the Act no. 329/1999 Coll., on
travel documents and amending Act no. 283/1991 Coll., on the Police of the Czech Republic,
as amended (the Act on Travel Documents) .

19) Act no. 328/1999 Coll., On identity cards, as amended
regulations.