118/2010 Sb.
LAW
of 9 June. March 25, 2010
about the regional referendum and amending some laws
Change: 142/2009 Sb.
Change: 58/2014 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
THE REGIONAL REFERENDUM
TITLE I OF THE
GENERAL PROVISIONS
§ 1
This Act regulates the implementation of the regional referendum on the territory of the higher
territorial self-governing units (hereinafter referred to as "region") created by
special legal regulation ^ 1). This law shall not apply to
a referendum on the territory of the city of Prague.
§ 2
The right to vote in the regional referendum, each person has the right to
vote for the County Council ^ 2) (hereinafter the "authorized person").
§ 3
The regional referendum shall be held by secret ballot on the basis of a general,
equal and direct right to vote.
§ 4
Obstacles in the exercise of the right to vote in the regional referendum
Obstacles in the exercise of the right to vote in the regional referendum are
and limitation of personal freedom), established on the basis of the law because of the binding
or imprisonment,
(b) limitation of incapacitation for the performance), the right to vote in the referendum ^ 3),
(c) the limitation of personal freedom) established on the basis of the law for the protection of
Health people ^ 4), or
(d) the performance of military service) ^ 5), does not allow for the participation in the regional
referendum on the performance of the obligations arising from this service.
§ 5
The day and the time of the vote in the regional referendum
(1) voting in the regional referendum is held on the same day. Day and time
the venue of the regional referendum provides for the Assembly of the region. If it takes place
the vote in the regional referendum simultaneously with elections to the Councils
communities to the regional councils, in one of the Chambers of the Czech Parliament
States or to the European Parliament, takes place at the same time, that
is fixed for the holding of elections; the first sentence shall not apply.
(2) in the County in which the County held a referendum, for the duration of
a State of danger, emergency, a State of emergency or war
the State of ^ 6) (hereinafter referred to as the "State of crisis")
and) periods under this Act be interrupted,
(b) regional referendum is held); the day of the regional referendum provides for
the City Government of the region to be held not later than 90 days after the
termination of a State of crisis.
TITLE II
DECISION-MAKING IN REGIONAL REFERENDA AND THE DEFINITION OF THE TERRITORY FOR ITS VENUE
§ 6
(1) in a regional referendum to decide on the matters that belong to
individual counties.
(2) the regional referendum can be held only throughout the region.
§ 7
Inadmissibility of the venue of the regional referendum
The regional referendum may not be held
and the imposition of fines) ^ 7) and on the regional budget ^ 8),
(b)) for the establishment or revocation of authorities of the region and their internal arrangements,
(c)) on the election and dismissal of the Governor, his Deputy and members of the Council of the Shire ^ 9),
as well as elected or appointed members of the other institutions of the region,
(d)) if the question submitted in the regional referendum was contrary to the
law, or should the decision in the regional referendum
could be in conflict with the law,
(e)) in cases where the question is decided in a special
^ 10 control),
(f)) for approval, amendment or repeal of the generally binding decrees of the County, or
(g)) If a valid decision in the regional referendum into submission
the proposal to hold a regional referendum on the same issue to run for 24 months.
TITLE III
THE ELEMENTS OF THE PROPOSAL ON THE CONVENING OF THE REGIONAL REFERENDUM AND THE ANNOUNCEMENT OF THE VENUE
REGIONAL REFERENDA
§ 8
The venue of the regional referendum
(1) the regional referendum is held if
and so decides) the Municipal Council of the County, or
(b)), the Preparatory Committee shall submit a proposal to hold a regional referendum (hereinafter referred to as
"the proposal of the Preparatory Committee") and the County Council will decide on its
publication.
(2) a proposal may be submitted to the Preparatory Committee, if it was supported by its
the signature of at least 6% of eligible persons with permanent residence in the County in which the
a referendum is to be held.
(3) the question proposed for the regional referendum must be clearly
placed so that it can be answered with "Yes" or the word
"No."
§ 9
The Preparatory Committee
(1) the Preparatory Committee formed for the purposes of the regional referendum at least 3
authorized persons.
(2) the Preparatory Committee
and the arrangement of the regional referendum) suggests,
(b)) has the right to delegate members to the Commission for a vote (article 21, paragraphs 5 and 6),
c) can petition the Court to determine that the provincial referendum should be
published, or that the proposal of the Preparatory Committee does not have defects (§ 56),
(d)) may petition the Court for annulment of the vote and the motion of
the invalidity of the decision in the regional referendum (article 57).
(3) the Preparatory Committee shall indicate which of its members are empowered to act on their
on behalf of the. The acts of an agent for the Preparatory Committee are binding.
§ 10
The elements of the proposal of the Preparatory Committee
(1) the proposal of the Preparatory Committee must include
and the designation of the region) which is the venue of the regional referendum proposes
(b) the wording of the questions, as appropriate) of the questions proposed for decision in the regional
the referendum,
(c) a justification of the proposal)
(d)) an estimate of the costs associated with making the regional referendum and implementation
the decision taken in the regional referendum and their mode of remuneration of
the budget of the region,
(e) the designation of an agent of the members) of the Preparatory Committee,
(f)) first and last names members of the Preparatory Committee, their date of birth,
the place where they are logged on to the permanent residence ^ 11), which means the
address of the place of residence (hereinafter referred to as "address"), and their handwritten
signatures.
(2) the annex to the proposal of the Preparatory Committee, which is a part of it, make up
signing the Charter (section 11) with numbered signature sheets.
§ 11
Signing the Charter
(1) each sign-up sheet must contain
and the designation of the region) which has a regional referendum to take place,
(b) the wording of the questions, as appropriate) of the questions proposed for decision in the regional
the referendum,
(c)) first and last names members of the Preparatory Committee and their address,
d) warning for an authorized person to support this referendum
text: "the one who signs the multiple times the same proposal for the holding of the regional
the referendum, or who signs a signature instrument, although it is not a qualifying
person according to the law on the regional referendum, or who in signing the Charter of
stating false information, commits the offence for which he may be
a fine in the amount of $ 3,000. ".
(2) the person entitled to support the holding of the regional referendum on the
signing a sheet of your name, surname, date of birth, address and appends the
a handwritten signature.
(3) the proposal of the Preparatory Committee and the signing of the Charter should not be exposed in the
the premises of State authorities and bodies of local and regional authorities.
§ 12
Review of the terms of the proposal of the Preparatory Committee
(1) the proposal of the Preparatory Committee, together with the annex presents the Preparatory Committee
the regional authority, which shall examine the proposal of the Preparatory Committee in the
the time limit of 15 days from the date of its submission; If the design of the preparatory
the Committee finds the weaknesses, without delay after the expiry of that period in writing
inform the agent.
(2) if the proposal of the Preparatory Committee the requirements set out under section 10 and
11, or if it contains inaccurate or incomplete information, regional office
prompts the agent in writing without delay, so that such deficiencies within the prescribed
a time limit which shall be not less than 7 days, removed. At the same time, the regional
the proposal of the Preparatory Committee Office agents as appropriate returns and about this
the procedure will make registration and shall be accompanied by a copy of the draft to him of the Preparatory Committee.
(3) in the event that the Regional Office communicated to the agent that the proposal
the Preparatory Committee does not have flaws or it doesn't prompt you to their
delete, such a proposal shall be considered as Preparatory Committee after
the time limit of 30 days from its submission for the fair.
(4) the proposal of the Preparatory Committee shall submit to the Council of the County to discuss the
the County Council at its next session.
(5) on the service of documents, the provisions of the administrative code.
(6) the Regional Office for the purposes of checks of the proposal of the Preparatory Committee and the
signing documents takes advantage from the population register these
reference data:
and) surname,
(b) the name or names),
(c) the address of the place of stay)
(d)) date of birth,
e) nationality, or more of State citizenship.
(7) the Regional Office for the purposes of checks of the proposal of the Preparatory Committee and the
signing documents takes advantage of the information system of population register
the following information:
and) the name or names, surnames, including previous name, maiden
last name,
(b)) date of birth,
c) country of citizenship or more of State citizenship,
(d) the address of the place of residence), including previous address space
permanent residence, where appropriate, the address to which they are to be delivered
documents under a special legal regulation,
e) limitation of incapacitation.
(8) the data referred to in paragraphs 6 and 7, you can always use in a particular case
only such data which are necessary for the performance of the task. Data,
that are kept as reference data in the base the population register,
to make use of the information system of population register only if they are
in the shape of the previous status quo.
section 13 of the
Publication of the regional referendum on the proposal of the Preparatory Committee
(1) the County Council at its next session the resolution decides
and the publication of the regional referendum), if it can be about the proposed question
the County held a referendum, and shall set the day and time of its holding (§
15),
(b)) that the regional referendum nevyhlásí if the proposed question
the referendum cannot be held regional.
(2) the Council shall immediately notify, in writing, an agent of the County of
adopted a resolution and this resolution to publish in the Journal legal
the laws of the region, and be posted on the notice board of the Regional Office for 15 days.
At the same time this resolution shall circulate the mayors of all municipalities in the territory of the region,
who resolution to be posted on the notice board of the Municipal Office for 15 days.
Similarly, the Council shall act on the establishment of the County regional
the referendum on the basis of a court decision.
(3) the County Council proposed on the issue to the decision in the regional
a referendum to decide without the publication of the regional referendum; about this
the decision shall immediately notify, in writing, an agent. Such a decision
could not execute before the time limit laid down in the third sentence. Declares the
agent within 7 days from the date of receipt of such notification, the
the venue of the regional referendum continues, the City Government of the region on their
the next meeting of the regional referendum puts out. The decision of the
the Municipal Council of the region in the first sentence shall cease on the day of its publication in the regional
the referendum to be valid. From the date of publication of the regional referendum until the day
the publication of his results, not a matter for the authorities of the region to decide on the matter,
that is the subject of questions in the renowned regional referendum.
§ 14
Publication of the regional referendum of the decision of the Municipal Council of region
The County Council may decide on the convening of the regional referendum
by an absolute majority vote of all the members of the Municipal Council of the region. In
resolution on the proclamation of the regional referendum shall state the requirements pursuant to §
10, paragraph 1. 1 (b). a) to (d)). The announcement of the regional referendum in the region,
means the publication of the decree in the journal of legislation
the region and fly the resolution of municipal government for the publication of the regional
the referendum on the official Board of the Regional Office for 15 days.
The County Council shall circulate this resolution to the mayors of all municipalities on
the territory of the region, the who resolution to be posted on the notice board of the local authority, after
for 15 days.
§ 15
The day of the regional referendum
The regional referendum is held no later than 90 days after the date of its publication,
If it is not mentioned in the proposal of the Preparatory Committee later time or if
This law provides otherwise. Date of publication of the regional referendum is
the first day of the fly resolution of Municipal Government of the region on an official notice board
the regional authority. If the regional referendum decision
the Municipal Council of the region, may not be the day of the regional referendum set
so that it fell to the next term of Office of the Municipal Council
the region, unless this Act provides otherwise.
section 16 of the
The joint holding of the regional referendum
(1) the proposals of the Preparatory Committee will be assessed individually in the order in which they
the regional authority have been submitted. The Municipal Council of the region, decides that the County
a referendum on the proposal of the Preparatory Committee later submitted nevyhlásí,
When it comes to the content of the same question, or later submitted a proposal
the Preparatory Committee substantively mutually exclusive with previously submitted proposal
of the Preparatory Committee.
(2) the seat of a referendum can be held Together, if it is submitted more proposals
the Preparatory Committee, or if the decision on the venue of the regional referendum
the City Government of the County pursuant to section 14.
TITLE IV
THE COMMISSION FOR A VOTE
§ 17
Types of Commission
After the publication of the regional referendum for voting shall set up, Ward
the Commission, the Commission and the local County Commission.
section 18
Ward, the Commission
(1) the Ward Commission
and a vote in progress) provides a voting precinct, in particular as
the correct submission of ballots and ensure order in the voting
the room,
(b)) sums up the votes in a voting precinct,
(c)) in doubtful cases shall be decided by a vote on the validity of the voting
the ticket and on the validity of the person's voice and it definitively,
(d) draw up a record of course) and the outcome of the vote and forward it without delay to the
the local Commission
(e)) the other voting documentation shall surrender into custody to the competent
Municipal Office
(f) other tasks) under this Act.
(2) the Commission shall convene the first meeting of the district mayor of the commune or mayor
statutory City (hereinafter referred to as "the Mayor of the village"), to be held
not later than 5 days before the date of the vote.
§ 19
The local Commission
(1) the Commission
and organize the work of the District Commission),
(b)) supervises the compliance with the legislation on the regional referendum,
c) sums up the votes and determine the results of the vote on the basis of the minutes of the
the progress and outcome of the vote passed okrskovými commissions
(d)) decides on complaints on how the District Commission
(e) the results of the vote) passes the County Commission
f) commends the voting documentation to the regional referendum to the competent
Municipal Office
g) satisfies the other tasks under this Act.
(2) the Commission shall implement the tasks of the Commission, the district also is in the village
set up only one voting precinct (section 29).
(3) the Commission shall convene the first meeting of a local mayor of the village, to be held
no later than 10 days before the date of the vote.
section 20
The Regional Commission
(1) the Regional Commission
and organizes the activities of local Commission),
(b)) supervises the compliance with the legislation on the regional referendum,
c) sums up the votes and determine the results of the voting in the region on the basis of registrations
on the outcome of the vote passed by the local commissions,
(d)) decides on complaints to the local Commission
(e) establish the results of the vote in) the regional referendum,
f) commends the voting documentation to the regional referendum the provincial
the Office,
g) satisfies the other tasks under this Act.
(2) the Commission shall convene the first meeting of the regional Governor of the region, so that the
held at least 10 days before the date of the vote.
section 21
The establishment of the Commission
(1) the Commission, the local Ward, the Commission and the Regional Commission are at least
four piece. A member of the Commission may be just the person for which the
valid obstacle in the exercise of the right to vote in the referendum.
(2) the Mayor of the village provides for 25 days before the date of the vote, taking into account the
the number of beneficiaries in the voting precinct (§ 29), the minimum number of
District and local members of the Commission which shall not be less than 4. Similarly,
provides for 25 days before the date of the vote Govenor minimum number of members
the County Commission. The number of members of the Commission shall without delay inform the competent
the Mayor of a municipality or the Governor of the region Preparatory Committee.
(3) the members of the district, local and regional delegates to the Preparatory Committee and the
at least one member of the district and the local mayor of the village and the Commission
at least one member of the Commission to the County Governor of the region; If it takes place
the regional referendum decision of the Municipal Council of the region, delegates members
District and local mayor and members of the Commission, regional Governor
the County, if the delegation's members of the Municipal Council of the municipality or the Commission
the County Council does not. The members of the Commission is to delegate the
no later than 15 days before the date of the vote. The Mayor of a municipality or by the Governor
the County shall appoint, no later than 15 days before the date of the voting clerk
the competent Commission (§ 23).
(4) if the number of members of the Commission met in a manner according to the
paragraph 3, on the unallocated delegates a member of the Commission
the Mayor of a municipality or County Governor before the first session of this Commission.
Decreases the number of members of the Commission since its first session to sign
write about the progress and outcome of the vote in the regional referendum under a
a set number of delegates shall, without delay, the Mayor of the village, or the Governor of the region
the vacancies for more members of the Commission.
(5) the Preparatory Committee delegates the members of the Commission, delivered the list of the members of the
the Commission, the Mayor of the municipality or of the Governor of the region. List of members of the Commission must
contain
and) name and surname,
(b)) date of birth and address,
(c)) name, surname and signature of the representative.
(6) the list of members of the Commission referred to in paragraph 5 may contain an indication to the
that the Commission should be delegated the members included; If this information
is missing, the Mayor of the village, or the Governor of the region.
(7) If a County referendum held together according to § 16 para. 2,
delegate members to the Joint Commission all preparatory committees,
the proposal of the Preparatory Committee submit, where applicable, the Municipal Council of the region.
If the regional referendum together only on the basis of more designs
the Preparatory Committee, delegates at least one Member to the appropriate
the Joint Commission, Mayor of the village, or the Governor of the region.
section 22
Membership of the Commission
(1) membership in the Commission arises oath reads as follows: "I promise to
my honour that I will conscientiously and impartially carry out their function and I will
is governed by the Constitution, laws and other legal regulations of the Czech
of the Republic. " The promise of the delegated representative composed so that the signs below
the written pledge.
(2) membership in the Commission shall cease to exist
and the ending of the work of the Commission) (article 25),
(b)) the moment when the President of the Commission receives a written declaration of waiver
Member of the Commission; This written declaration cannot be undone,
(c)) the moment when the President of the Commission shall receive a written notice of appeal member of the Commission
by whom it is delegated; This appeal cannot be undone, or
(d)) on the day of the vote, if the Commission does not exercise its function and its
absence from the voting room without the consent of the Commission takes longer than 3
clock.
(3) The matters referred to in paragraph 2 (a). (b)) to d) notifies the
the President of the Commission, without delay, the Mayor of the municipality, or the Governor of the region, which
proceed in accordance with § 21 para. 4.
Article 23 of the
The writer of the Commission
(1) the Secretary of the Commission (hereinafter referred to as "the writer") is a member of the Commission with the
Advisory and when the vote is not counted in the number of members of the Commission.
(2) the writer made up the promise made in the text and in the manner specified in § 22 para.
1.
(3) the Secretary may submit proposals to the Commission and takes the minutes of the
meeting of the Commission.
(4) the Mayor of a municipality or revokes it appointed Govenor
the writer, who ceases to carry on its function or it does not
properly, and in its place shall immediately appoint a new Rapporteur.
section 24
The hearing by the Commission
(1) the Commission, at its first meeting, shall determine by lot from among its members
President of the Commission (hereinafter referred to as "the Chairman") and of the Commission (hereinafter referred to as
"Vice-President"). Draw controls the writer. The Vice-President shall represent the
the President at the time of his absence, the full extent of his powers and
duties. If the President or a Vice-President resigns or cannot
compelling reasons to officiate, will draw again with
that is not included in the draw Chairman Vice Chairman and vice versa.
(2) the conduct of the Commission chaired by its President.
(3) the Commission shall, if the majority
all of its members with the right to vote.
(4) the resolution is taken, if the favour for them by an absolute majority
of the members present.
§ 25
Termination of activities of the Commission
The activities of the Commission is terminated by the end of the 15th day following its publication in
the results of the vote (§ 46).
section 26
The ban on the provision of information
Members of the Commission and those who have a right to be present in the room where
the Commission adds up the votes (§ 42) shall not provide information about the incremental
the results of the vote, and until the signing of the minutes of the progress and outcome of the
all of the members present vote of the Commission.
section 27 of the
The claims of members of the Commission
(1) a member of the Commission is any other act in the general interest of the ^ 12).
Member of the Commission shall be granted time off work without compensation.
(2) the Member of the Commission shall be entitled to special remuneration for the performance of the function (hereinafter referred to as
"reward").
(3) The Commission may not be for the exercise of their functions is truncated on the rights and
claims arising out of his employment or similar relationship.
(4) the amount of remuneration for a maximum of one-fifth of the basic monthly rates
the minimum wage specified by special legislation for the President of the ^ 13)
the Commission and one seventh of this rate for a member of the Commission shall
the City Government of the region.
(5) the amount of remuneration shall be published by the City Government of the region no later than 25 days prior to the
on the day of the vote on the official Board of the regional authority and distributes the mayors
all municipalities on the territory of the region, the who information be posted on the official notice board
local authority.
(6) in the event that the Commission does not participate in all meetings of the Commission,
the payoff is relatively short, based on the evidence about his involvement in the negotiations
of the Commission.
(7) the remuneration to be paid within 30 days after the termination of the activities of the Commission under section 25
Member of the District Commission, or a local municipal office, Member of the County Commission
Regional Office.
section 28
Overlapping of the referendum and elections
(1) If a County referendum together in the same days of elections to
Councils of territorial self-governing units, the district election
the Commission, established under the specific rules ^ 14) also challenges the district
Commission for the referendum.
(2) If a referendum is held together in the same day with the election, in progress
informing voters and authorized citizens according to relevant electoral
law and this Act.
(3) the closure of the District Commission and Special Commission district
occurs when the conditions are met for the termination of their activities for
all concurrently held elections or a referendum.
(4) when the overlapping of the referendum and elections are the ballots, and the official envelope
for each of the types of election and referendum coded. The color of the
ballot is identical with the color of the official envelope for the species
elections and for the referendum.
(5) in the overlapping of the election and the referendum are common
and) polling station, and the room for the vote, according to electoral equipped
Act and this Act,
(b)) voting and electoral Clipboard, Clipboard
(c)), and portable portable ballot box voting box.
TITLE V OF THE
VOTE
section 29
Voting districts
The vote in the regional referendum takes place in voting districts, whose
the territorial delimitation coincides with territorial demarcations of the permanent electoral districts
created by a special legal regulation ^ 15).
section 30
A list of authorized persons
For the purpose of voting in the regional referendum passes before voting begins
the local authority District Commission listing from the standing list of electors kept by
under special legislation ^ 16), containing a list of legitimate
persons (hereinafter referred to as the "extract from the list of authorized persons").
section 31
The voting card for regional referendum
(1) an authorized person that will not be able to vote in a voting precinct
According to the place of permanent residence, but may participate in voting in the
the regional referendum on the territory of the municipality or city where it takes place
the regional referendum, the local authority shall issue on request a voting card
for regional referendum (hereinafter referred to as "the voting card") and noting the
fact in the extract from the list of authorised persons for the County Commission.
(2) an authorized person may apply for the ID card to vote, starting with the
date of publication of the regional referendum, in person or by written submission
provided with the notarized signature. Written submissions must be
delivered not later than 7 days before the date of the vote to the competent municipal
the Office; personally, the person entitled to issue a voting card request
not later than 2 days before the date of the vote. The local authority passes the voting
pass to the beneficiary or the person who proves power of attorney to
the takeover of the voting card with certified signature of the authorised person
applying for the issue of the voting card, or an authorized person shall send,
If you ask for it.
§ 32
Informing of authorized persons
(1) the Mayor of the municipality shall publish, not later than 15 days before the date of
the regional referendum notice of the time and the venue of the regional referendum,
and it follows in the place of the usual. If it is on the territory of the municipality of multiple voting
districts, indicating the territorial definition of the individual voting districts and
the notice shall be published in the territory of each of them. At the same time the Mayor of the village in the
notice shall state the address of the polling and question to
the decision in the regional referendum.
(2) the Mayor of the village in the notice notifies the authorized person on duty
prove the identity of the vote and state citizenship of the Czech Republic and
other necessary data shall be required to serve during the vote.
(3) in the municipality in which a Committee for national minorities according to the
special legal regulation ^ 17), notification under paragraphs 1 and 2
publish and in the language of the national minorities, if, under the
the last census reported to the nationality of at least 10% of the population
of the village.
§ 33
Campaign for regional referendum
(1) the Mayor may reserve space for the presentation of the questions or
questions proposed to the decision in the regional referendum, at least 10
days before the date of the regional referendum. The County Council
shall ensure that the information resources of the region was provided by the same
space for informing citizens to both answers.
(2) on the day of the vote, the campaign is disabled in the object in which it is located
the voting room.
§ 34
Ballot papers
(1) on each ballot must be
and text) "regional referendum"
(b)) name of region,
(c)) the day of the regional referendum,
(d)) the question, or questions, raised by the decision in the regional
the referendum,
(e)) in the left half of the ballot, the word "Yes" on the right half
ballot the word "no" and next to each of these words box,
f) votes of more issues together, before each question Arabic
numbers beginning with the numeral 1, for each question on the left half of the voting
the ticket to the word "Yes" and the right half of the ballot, the word "no" and
next to each of these words box.
(2) the ballot papers shall be printed in characters of the same type and the same
the paper of the same size, color, quality and the same dimensions with the imprint of the
the stamp of the region.
(3) Regional Office ensures the printing and distribution of ballots so
that is the relevant municipal authorities could pass before the commissions okrskovým
the start of voting.
§ 35
Voting room
(1) the voting room must be fitted for each voting precinct
a character, the character of the region, the voting box, portable voting
box, a sufficient amount of ballots, blank envelopes
fitted with a round stamp of the region (hereinafter referred to as "official cover"), writing
needs, an excerpt from the list of authorised persons and the text of this law,
that must be sent out to voters at their request for consultation.
(2) in the voting rooms are for modifying ballots designed
special areas separated to ensure the secrecy of the vote.
The number of such spaces shall designate the Mayor of taking into account the number of
beneficiaries in the voting precinct.
(3) in the voting room must be posted in a visible place
ballot marked "specimen".
(4) an official of the envelope must be opaque, the same size and made of paper
the same quality and color.
(5) an object in which the voting room, must be visibly
marked.
section 36
Start voting
(1) before opening the vote, the President checks whether the voting
room equipped according to § 35 and whether the voting box and portable
ballot box is empty; then, before the other members of the District Commission
such voting shall seal the Clipboard.
(2) the inspections referred to in paragraph 1, the President shall declare the vote
to be initiated.
§ 37
Principles governing voting
(1) an authorized person shall vote in person, the representation is not permitted.
(2) where the persons concerned before the Commission and voting in the County
the order in which they came to the voting room.
(3) the authorized person in the voting room demonstrates its
the identity and the citizenship of the United States with a valid ID card
or valid travel, diplomatic or service passport of the Czech
Republic or travel ID card ^ 18). Upon proof of eligibility
the vote in the regional referendum and record to the listing from the list
authorised persons the Commission shall issue to the person entitled Ward ballot
and the official envelope.
(4) if the person entitled does not prove your identity and citizenship
The United States, will not be allowed to vote for her.
(5) the authorized person, who came to the voting room with
the voting card, it is required to deliver this voting card
District Commission. Ward Commission voting card to list from the list
the beneficiaries shall be accompanied by the information and make a person entitled to a statement of the
list of authorised persons; then it issues a ballot, and official
envelope.
(6) in an area designated for the adjustment of the ballot shall be not nobody
present at the same time by an authorized person. With a competent person who cannot
Edit the ballot itself for a physical defect or cannot read or
write, may be with its consent in the area designated for the adjustment
voting present ticket other person entitled, but is not a member of the
District Commission, and ballot for her edit and paste it into the official
the envelope.
(7) an authorized person may, for important reasons, especially in health,
ask the local authority and County on the day of the vote to the Commission for
vote outside the voting room, and only in designated
voting precinct, for which the Commission established by Ward. In such a
If the Commission sends to ward the beneficiary of two of its members with the
the portable ballot box, the official envelope, and the voting list. When
voting members of the District Commission shall act so as to maintain
secrecy of the vote.
§ 38
Method of voting
(1) on receipt of an official envelopes and ballot entry entitled
person to space intended to modify the ballot, where voting
the ticket in the prescribed manner modifies and inserts it into the official envelope.
(2) the authorized person in the space designated for ballot editing
marked with a cross in the appropriate box pre-printed answer "Yes" or
"no", for which the vote, and inserts the ballot into the official
the envelope. To edit the other ballot shall be disregarded.
(3) an authorized person shall refrain from voting on a particular issue by the
the ballot does not mark a cross in any response.
(4) the person entitled to the vote so that, after leaving the designated area for
adjustment of the ballot inserts official envelope with a voting list before
County Commission to the voting boxes. For a qualifying person that does not
Unable to paste the official envelope with the voting list to the voting
the Clipboard, so it can make the other person entitled, but is not a member of the
District Commission.
(5) the Authorized person who was unable to remove the designated area for
adjustment of the ballot, the Commission does not allow voting ward.
§ 39
Order in the voting room
For the order in the voting room corresponds to the Chairman. His instructions to
the maintenance of order and dignified during the vote are binding for
all those present.
section 40
Interrupts and their vote
(1) if there are facts that make it impossible to open a voting procedure,
continue in it or is terminated, the Commission may postpone the opening of Ward
the vote at a later time or is interrupted, or extend the term of
the vote, but no longer than one hour. Ward Commission of such
It shall inform the beneficiaries of the measures in place in the usual manner; It shall inform the
also the local Commission and the County Commission.
(2) in the event that voting is interrupted, retain the ward Commission
voting documentation shall seal the ballot box and portable
the voting box, so that it was not possible to insert them into the official envelope
or is one of them to choose from.
(3) when you begin the vote the President in the presence of other
members of the District Commission shall verify the integrity of the seal and remove them.
(4) the facts concerning the postponement of the start of voting, the interruption
vote or extend the time of the vote, the Commission notes the ward
the minutes of the progress and outcome of the vote.
(5) on the expiry of the period fixed for the end of voting, close the
the voting room, but before they will allow a vote to all who are in
voting room or in front of her. Then the President shall declare the vote for
it closed.
TITLE VI OF THE
THE SURVEY RESULTS OF VOTING AND THEIR PUBLICATION
§ 41
The counting of votes County Commission
(1) after the end of voting, the unused ballots, the President focused
and unused official envelopes and seal them. Then you can open the voting
mailbox.
(2) in the event that the ward Commission, at the request of an authorized person has used and
the portable ballot box, voting Ward Commission content portable
the Clipboard when you open it the contents of the Clipboard with the voting in the
the voting room.
(3) the Ward Commission first excludes the unofficial envelopes, then counts
the official envelope and compares the number of official envelopes with the number of eligible
people that voted in the precinct.
(4) each Member of the District Commission may inspect the cast voting
tickets.
(5) the Invalid ballots are not
and printed and delivered by the regional) Office under section 34 para. 3, or
(b)) in official envelopes.
(6) a transfer or damage to the ballot does not affect its
force, if they are visible from it the necessary information.
(7) the voice of the authorized person is invalid,
and if) is the official cover of several ballots,
b) tagged with a cross at the same time answering "Yes" and "no" to one of the questions,
or
(c)) if the ballot by means other than in the manner prescribed in
§ 38 paragraph 1(a). 2 and 3.
(8) the validity of the ballot confirms the ward Commission,
invalid ballots discarded.
(9) the Ward Commission adds separately the votes for "Yes" answer and
separately the votes for the answer "no" ballots, and especially on the
which is not a cross marked with no response, and the number of records
in the minutes of the progress and outcome of the vote (§ 43). Then the President shall ensure
sealing of all ballots. If it decides in the regional
the referendum on more issues are finding the nullity of votes cast for each
the question separately.
(10) the President checks the accuracy of the Census envelope and the accuracy of the Census
votes.
§ 42
The presence of people in the counting of votes
In the room where the ward Commission adds up the votes, have the right to be present
the members of the Commission to a higher level and persons in charge of the Governor of the region, which
process the results of the vote.
§ 43
District enrollment Commission of the progress and outcome of the vote in the voting
precinct
(1) the Commission shall draw up in the Ward 2 identical copies of a record of the progress and
the result of the vote. Writing signed by the members of the District Commission; If
one of the members of this Commission signature denies, the reasons in
a separate annex to the minutes.
(2) the minutes of the Commission about the progress of the Anne Arundel and the result of the vote shall be
and time of the beginning and end) of the vote, or the postponement of the start of
vote, vote, or extend the period of interruption of voting with
the reasons for,
(b)), the total number of beneficiaries in the voting precinct in
extract from the list of beneficiaries,
(c)) the number of eligible persons who were issued ballots and official
envelopes,
(d)) the number of cast official envelopes,
(e) the total number of valid votes),
f) number of valid votes for each
(g)) the number of beneficiaries, which neoznačily with a cross any answer to
question and refrain from voting, so
h) summary of the notifications and complaints have been filed district
the Commission, the resolution taken by the Commission, and their brief justification and
(I) first and last name) member of the District Commission, which, after a period of time
did not participate in the deliberations, and the reason and the duration of the latter.
(3) when the counting of the votes and the signing of the minutes of the progress and results of voting
in the regional referendum the President or authorized member of the Arundel
1 a copy of the minutes of the Commission, including any attachments without delay to the local
the Commission and its instruction to end the wait for meetings; This is without prejudice to
procedure provided for in § 25.
§ 44
Registration of the local Commission on the outcome of the vote
(1) the Commission, after examining the minutes of the District Commission finds
the overall results of the vote in the regional referendum in the village.
(2) the Commission shall draw up in duplicate registration. Write sign
members of the local Commission; If any of the members of this Commission, the signature
refused, reasons shall be given in a separate annex to the minutes.
(3) the minutes of the local Commission shall indicate
and the number of voting districts in) village and the number of district commissions, which
the result of the vote, submitted
(b)), the total number of authorized persons registered in the village of listings
a list of authorized persons,
(c)), the total number of beneficiaries to whom they were issued ballots
and the official envelope,
(d)) the total number of cast official envelopes,
(e) the total number of valid votes),
(f)) the total number of valid votes cast for each response,
(g)) the number of beneficiaries, which neoznačily with a cross any answer to
question and refrain from voting, so
h) summary of the notifications and complaints have been submitted to the Commission, local
the resolution, which the Commission accepted, and their brief justification and
I) first and last name of a member of a local Commission, which, after a period of time
did not participate in the deliberations, and the reason and the duration of the latter.
(4) the President or authorized member of the local Commission shall forward one copy of the
registration, including any annexes to County Commission without delay.
§ 45
Write the County Commission of the outcome of the vote
(1) the Commission, after examining the regional listings of local Commission to give a total
the results of the vote in the regional referendum in the region.
(2) the County Commission shall draw up in duplicate entry about the outcome of the
the vote in the County. Writing signed by the members of the County Commission; If
one of the members of this Commission signature denies, the reasons in
a separate annex to the minutes.
(3) the minutes of the Regional Commission shall indicate
and the total number of voting districts) in the region and the number of District Commission
which transmitted the outcome of the vote,
(b)) the total number of authorized persons registered in reports from the list
beneficiaries,
(c)), the total number of beneficiaries to whom they were issued ballots
and the official envelope,
(d)) the total number of cast official envelopes,
(e) the total number of valid votes),
(f)) the total number of valid votes cast for each response,
(g)) the number of beneficiaries, which neoznačily with a cross any answer to
question and refrain from voting, so
h) summary of the notifications and complaints have been filed the County
the Commission, the resolution taken by the Commission, and their brief justification and
(I) first and last name) member of the County Commission, which, after a period of time
did not participate in the deliberations, and the reason and the duration of the latter.
§ 46
Announcement of the results of the vote
(1) the County Commission will announce the results of the vote in the regional referendum
publication on the official Board of the regional office shall immediately after completion
writing about the outcome of the vote under section 45 for 15 days.
(2) the date of publication of the results of the vote in the regional referendum is the first day
posting of these results on the official Board of the regional office.
TITLE VII
THE OBLIGATION OF NOTIFICATION
§ 47
(1) the publication of the regional referendum, the result of the vote in the regional
the referendum and the implementation of the decisions adopted in the regional referendum shall notify the
Govenor Ministry of the Interior (hereinafter referred to as "the Ministry"), and that within 5
days of this fact.
(2) if the decision of the regional referendum can be performed
conflict with the law, shall notify this fact to the Governor of the region
the Ministry, within 30 days from the date of announcement of the results of the regional
the referendum.
TITLE VIII
THE VALIDITY AND BINDING NATURE OF THE REGIONAL REFERENDUM
§ 48
(1) the validity of the decision in the regional referendum is necessary to participate at least
35% of the eligible persons registered in the lists of authorised persons.
(2) the decision in the regional referendum is binding, if voted for them
by an absolute majority of the beneficiaries, which is the regional referendum
attended, and at least 25% of eligible people registered in the lists
authorised persons.
§ 49
The decision in the regional referendum is for the Municipal Council of the region and authorities
Edge binding.
TITLE IX OF THE
COMMON PROVISIONS
§ 50
(1) the performance of the tasks of the County pursuant to this Act is the performance of separate
the scope of the.
(2) the County adjusts by decision of the Municipal Council
and the amount of special payments) provided by the Member, or the President of the
District, local and regional Commission for the performance of functions under section 27 para. 2,
(b)) the type, scope, method and procedure of payment of the common expenses associated with the
Organization and holding of a referendum, which may be reimbursed under section 52
paragraph. 1 from the regional budget to other entities.
§ 51
For municipal and Mayor of the municipality pursuant to this
the law, the exercise of delegated powers.
§ 52
The cost of the regional referendum
(1) the County pays from its budget expenditure of the institutions of State administration, regions,
municipalities, cities, city districts, and districts and District Commission
associated with the holding of the regional referendum.
(2) If a provincial referendum on the proposal of the Preparatory Committee, are not
part of the expenditure referred to in paragraph 1, the expenditure connected with the activity of the preparatory
the Committee, by obtaining the signatures of authorized persons supporting the venue
the regional referendum and campaign costs.
§ 53
Time limits
(1) a period expressed in days, is maintained, if the last day of the period
performed by the competent authority, not later than 4 pm.
(2) the time limits cannot be extended or waived their judgment.
§ 54
Number of authorized persons
The number of beneficiaries is determined from the number of inhabitants of the region, according to the State
1 January of the year in which the proposal was submitted, the Preparatory Committee.
TITLE X
MISDEMEANORS
section 55
(1) the offense is committed by the person entitled, deliberately signs
signing the Charter for the same design of the Preparatory Committee more than once.
(2) the Offence is committed by a natural person who intentionally signs
the signing of the draft Charter to the Preparatory Committee, although not authorised
person.
(3) the Offence is committed by a natural person who, in signing the Charter shall be
false information.
(4) the offence referred to in paragraphs 1 to 3, you can impose a fine of up to 3
000.
(5) on the offense and its discussion of the subject to a specific legal
prescription ^ 19); the performance of this scope is the performance by the
region.
(6) to discuss the violations referred to in paragraphs 1 to 3 of the competent regional
the Office.
TITLE XI
JUDICIAL REVIEW
§ 56
Judicial protection of the proposal of the Preparatory Committee
(1) the right to seek court protection under a special legal
prescription ^ 20) has a Preparatory Committee, if
and) do not agree with the challenge of the regional office to remove defects in accordance with § 12
paragraph. 2,
(b) the balance of the County) the proposal of the Preparatory Committee pursuant to §
in article 13(3). 1 (b). and) or decided that the regional referendum
nevyhlásí pursuant to § 13 para. 1 (b). (b)).
(2) the application must be submitted no later than
a) within 10 days after receipt of a written invitation to correct a defect,
b) within 20 days of negotiations, the Municipal Council of the region, where the proposal should be
the Preparatory Committee discussed, or from the conduct of the Municipal Council of the region, on
which the Council has decided that the regional referendum nevyhlásí.
(3) the decision of the Court on the proposal referred to in paragraph 1 (b). (b)) is replaced by the
the decision of the Municipal Council of the region.
§ 57
Proposal to declare the invalidity of voting or invalidity of the decision in
the regional referendum
(1) proposal to declare invalid voting or invalidity
the decision in the regional referendum ^ 20) may be filed in the Court of any authorized
the person or the Preparatory Committee, if they consider that such infringement has occurred
the provisions of this law, which could affect the result, it was
provided by the regional referendum on things that do not belong to a separate
the scope of the county or the County was held a referendum on the matter, which
the regional referendum cannot take place under section 7.
(2) the application must be made not later than 10 days after the announcement of the results
the vote.
PART TWO
Amendment of the Act No. 129/2000 Coll., on regions (regional establishment), as amended by
amended
§ 58
Act No. 129/2000 Coll., on regions (regional establishment), as amended by Act No.
273/2001 Coll., Act No. 320/2001 Coll., Act No. 450/2001 Coll., Act No.
231/2002 Coll., Constitutional Court declared under no 404/2002 Coll.
Act No. 228/2003 Coll., Act No. 215/2004 Coll., Act No. 256/2004 Coll.,
Act No. 421/2004 Coll., Act No. 501/2004 Coll., Act No. 626/2004 Coll.
law no 413/2005 Coll., Act No. 186/2006 Coll., Act No. 189/2006 Coll.
Act No. 234/2006 Coll., Act No. 261/2007 Coll., Act No. 297/2008 Coll.,
Act No. 305/2008 Coll., Act No. 477/2008 Coll., Act No. 281/2009 Sb.
and Act No. 326/2009 Coll., is amended as follows:
1. In article 12 paragraph 2. 2 at the end of subparagraph (f)) is replaced by a comma and dot
the following point (g)), which read as follows:
"(g)) to vote in the regional referendum under the terms of the specific
law. ".
2. In section 35 para. 2, the letter t) following the letter u), which read as follows:
"the decisions about publication of the regional) referendum".
Letter u) is referred to as the letter v).
PART THREE
Amendment of the Act No. 150/2002 Coll., the administrative court rules, as amended
the laws of the
§ 59
Act No. 150/2002 Coll., the administrative procedure code, as amended by Act No. 192/2003
Coll., Act No. 22/2004 Coll., Act No. 235/2004 Coll., Act No. 436/2004
Coll., Act No. 561/2004 Coll., Act No. 127/2005 Coll., Act No. 350/2005
Coll., Act No. 361/2005 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. 262/2006 Coll., Act No. 216/2008
Coll., Act No. 301/2008 Coll., Act No. 314/2008 Coll., Act No. 7/2009
Coll. and Act No. 320/2009 Coll., is amended as follows:
1. In section 4, paragraph 4. 2 (a). and part three) in the title of title II of part 4 and in
§ 104 paragraph. 1, after the word "local", the words "and regional".
2. the following section is inserted after section 91a 91 b;, including title and notes
line no. 21 c and 21d added:
"§ 91 b;
In matters of protection of the regional referendum
(1) the proposal in court can be used under the conditions laid down in the specific
the law ^ 21 c)
and that the proposal) to determine the venue of the regional referendum does not have weaknesses,
(b) publication of the regional referendum)
c) annulment of a decision taken in the regional referendum,
d) annulling the vote in a regional referendum.
(2) the parties are the Preparatory Committee ^ 21d) and the region; in
the case of the proposal referred to in paragraph 1 (b). (c)), and (d)) as well as the person authorized to
in the regional vote in the referendum.
(3) the Court shall decide by resolution within 30 days. The negotiations do not have to order.
21 c) § 56 and 57 of the Act No 118/2010 Coll., on the regional referendum and amending
Some laws.
21d) section 9 of Act No. 118/2010 Coll., on the regional referendum and amending
Some laws. ".
PART FOUR
The EFFECTIVENESS of the
section 60
This Act shall take effect on 1 January 2000. January 2011.
Vaidya in the r.
Fischer v. r.
1) Constitutional Act No. 347/1997 Coll., on creation of higher territorial
bodies and amending Constitutional Act of the Czech National Council.
1/1993 Coll., Constitution of the Czech Republic, as amended by Constitutional Act No.
176/2001 Sb.
2) section 4 of Act No. 130/2000 Coll., on elections to the regional councils and the
amendments to certain laws, as amended.
3) § 55 to 65 of the civil code.
§ 9 para 4). 4 (b). a) of Act No. 20/1966 Coll., on the health care of the people, in
as amended.
5) § 1 (1). 2 and 3 of Act No. 585/2004 Coll. on conscription and its
provision (military law), as amended.
6) § 3 of the law no 240/2000 Coll., on crisis management and amending certain
laws (the crisis Act), as amended.
Constitutional Act No. 110/1998 Coll., on the safety of the Czech Republic, as amended by
Constitutional Act No. 300/2000 Sb.
Article. paragraph 43. 1 of the Constitution of the Czech Republic.
7) section 11 of Act No. 129/2000 Coll., on regions (regional establishment), as amended by
amended.
8) § 35 para. 2 (a). I) Act No. 129/2000 Coll., as amended
regulations.
9) § 35 para. 2 (a). n) Act No. 129/2000 Coll., as amended
regulations.
10) for example, Act No. 500/2004 Coll., the administrative code, as amended
regulations.
11) Act No. 133/2000 Coll., on registration of the population and the birth numbers and
amendments to certain laws (law on population register), as amended
regulations.
12) § 203 of the Act No. 262/2006 SB., labour code, as amended
regulations.
13) section 2 of the Government Regulation No. 561/2006 Coll., on the minimum wage, the lowest
guaranteed wage levels, about the definition of the harsh work environment and
the amount of the payroll allowance for work in difficult work environment.
14) § 17 and following of Act No. 491/2001 Coll. on elections to the
Councils of municipalities and amending certain laws, as amended
regulations.
15) section 26 of Act No. 491/2001 Coll.
16) section 28 of Act No. 491/2001 Coll.
17) Act No. 273/2001 Coll., on the rights of members of national minorities and
on the amendment to certain acts, as amended by Act No. 320/2002 Coll.
18) Act No. 326/1999 Coll., on civil, as amended
regulations.
Act No. 326/1999 Coll. on travel documents and on the amendment of Act No.
283/1991 Coll., on the police of the Czech Republic, as subsequently amended,
(the law on travel documents), as amended.
19) Act No. 200/1990 Coll. on offences, as amended.
20) section 91 b; Act No. 150/2002 Coll., the administrative procedure code, as amended by law
No 118/2010 Sb.
