490/1991.
LAW
of 6 May 1999. November 1991
about how to conduct the referendum
Change: 41/2009 Sb.
The Federal Assembly of the Czech and Slovak Federal Republic
committed to this Act:
§ 1
Introductory provisions
If this Act uses the expression
and) "constitutional law", means the constitutional law on referendum, ^ 1)
(b)) "the electoral law" means the law of the Czech national either
the Council on elections to the Czech National Council, ^ 2) or the law of the Slovak national
the Council on elections to the Slovak National Council ^ 3), depending on whether it is a
the referendum announced by the Czech Republic or the Slovak Republic,
(c)), "eligible citizen", means the citizen who is under the applicable
the electoral law shall be entitled to opt for Czech National Council or to the Slovak
the National Council, and therefore has the right to vote in the referendum (article 1, paragraph 3
constitutional law).
PART THE FIRST
Basic provisions
§ 2
An obstacle to the exercise of voting rights in the referendum is stipulated by the
limitation of personal freedom because of the protection of the health of the people. ^ 4)
§ 3
(1) a proposal for the referendum shall submit to the Federal Assembly to 5
days of its receipt of the ^ 5) national councils for an opinion. Representation of a national
the Councils of Federal Assembly attached to the draft proposed to the President of
The Czech and Slovak Federal Republic. If the National Council to the proposal
the announcement of the referendum does not respond within 20 days of the date on which the matter was
presented, they expressed to him on the last day of this period.
(2) the question submitted for the referendum decision (article 1, paragraph 1, of the constitutional
the Act) must be formulated so that it can be uniquely
answer "Yes" or "no".
(3) it may be decided in a referendum on more issues.
(4) the provisions of paragraph 2 shall apply mutatis mutandis for the proposal submitted by the
the referendum (article 1, paragraph 2, of the constitutional law).
§ 4
(1) in the notice of referendum (article 2 of the constitutional law) shall be stated:
and) that the legislature proposed the referendum and when the proposal was
President of the Czech and Slovak Federal Republic,
(b)) what question or questions or what proposal are citizens
submitted for decision,
(c)) that the referendum will be held in the Czech Republic or in Slovakia
Republic or in the two republics at the same time,
(d)), or days of the day of the referendum,
(e)) the time limit for a referendum to create the institutions and to their first meeting,
f) day of the referendum.
(2) if it is necessary, given the questions only extracts, its entire
content of the annex to the notification referred to in paragraph 1 and in the text of the notice to the
This attachment expressly refers. The annex is an integral part of the notification.
§ 5
(1) the notice of referendum (article 4), in all the municipalities of the Republic of
in which the referendum takes place, be posted on the notice board of the local authority (municipality)
within 5 days from the date of circulation of the amount of the collection of laws, in which the notice of
the announcement of the referendum published. ^ 6) the notice of referendum shall
be posted until the end of voting in the village.
(2) the notice of referendum shall be posted in the room for
vote (§ 7 para. 2) throughout the period of the vote in the town.
§ 6
(1) If a referendum published simultaneously in both Republics (article 3, paragraph 3.
1 constitutional law), held on the same day throughout the territory of the Czech and Slovak
Federal Republic. If the referendum is declared in one Republic
(article 3, paragraph 2, of the constitutional law), held on the same day throughout the territory
the relevant States. President of the Czech and Slovak Federal Republic
may provide that the referendum takes place in two days.
(2) a Referendum is held on a specific day from 7 am to 10 pm. Where required
local needs, the Municipal Council in the Czech Republic or in the cities,
which are divided into boroughs or districts, district or
Local Council ^ 7) and Mayor of the village in the Slovak Republic or mayor
of the city or in the cities, which is divided into districts, Mayor
the municipal district of ^ 8) (hereinafter referred to as "the competent authority") to provide for the beginning of the
the referendum on an earlier hour.
(3) If a referendum is held in two days, starting at 2 pm and end at
22 hours on the first day. The second day of the referendum starts at 7 pm and ends in the
14 hours. If required by local conditions, the competent authority of the municipality
to establish the beginning of a referendum on an earlier hour.
PART TWO
Districts and counties for the holding of a referendum
§ 7
Districts for holding referendum
(1) to vote (section 20) and for the counting of votes (section 23) are created in the
the municipalities of districts for holding a referendum (hereinafter referred to as the "district").
(2) the territory of the district and the room for the vote in each of them determines the
the competent authority of the municipality not later than 5 days before the last day of the time limit for
the creation of bodies for a referendum.
(3) for creating districts otherwise shall apply mutatis mutandis the provisions of the relevant
the electoral law on electoral districts, with the district may include
up to 2,000 legitimate citizens.
§ 8
Districts for holding referendum
(1) For the counting of ballots cast in districts are created
districts for holding the referendum.
(2) the Districts for the referendum constitutes the territory of the districts under the provisions of
the territorial subdivisions of the State of ^ 9) and on the territory of the capital city of the Czech Republic and
The Czech and Slovak Federal Republic (hereinafter referred to as "the capital of the
Prague ") by the State on the day of the announcement of the referendum.
PART THREE
Lists for voting in the referendum legitimizing tickets and voting
ID cards
§ 9
Build lists for voting in the referendum (hereinafter referred to as "the list")
ensures that the competent authority of the municipality. The lists shall apply mutatis mutandis to the provisions of
the relevant election laws, voters lists.
§ 10
About legitimačních tickets for voting shall apply mutatis mutandis to the provisions of
the relevant electoral laws about legitimačních tickets with the expectation that
the scope of the former local national committees belong to the competent authorities
municipalities.
§ 11
(1) the legitimate citizens, who will not be able to vote in the precinct where they are
included in the list, the competent authority of the municipality, at their request
the voting card and at the same time it is removed from this list with a note about the
release of a voting card.
(2) the voting card entitles to write and vote in another district in
the Republic, in which the district referred to in paragraph 1; participation in the vote
is an authorized citizen shall in his identity card or another
his official identity card, which replaces the national identity card.
PART FOUR
Authorities for a referendum
§ 12
General provisions
(1) for the Organization of the referendum and ensuring the results are created
authorities for a referendum (hereinafter referred to as "the Commission"), which are:
and the Federal Commission for referendum) (hereinafter referred to as "the Federal Commission" section,
If a referendum is held at the same time in both Republics (article 3, paragraph 1,
constitutional law),
(b)), the Central Commission for the referendum in the Czech Republic or the Central Commission
for the referendum the Slovak Republic (hereinafter referred to as "Central Committee"),
If a referendum is held only in one of the republics. If a referendum is held in
the two republics at the same time, they create both the Central Commission,
(c) the Commission for referendum) District (the "District Committee") for each
the district for holding a referendum (article 8),
(d)), the Commission for district referendum (hereinafter referred to as "the District Commission") for the
each district (section 7).
(2) a member of the Commission may be just a legitimate citizen.
(3) the Member of the Commission takes over its functions to the oath of Office, worded as follows:
"I promise on my honour, that I will carry out their duties conscientiously and
impartially and I are governed by the laws and other legal regulations. "
Promise made member of the Commission, so that the signs under the text of the oath, which he
the person who convened the first session of the Commission.
(4) the Commission is quorate if the majority
all of its members. The resolution is taken, if they were in favour of
an absolute majority of the members present. If there is a tie, the proposal
shall be regarded as rejected.
(5) If no member of the Commission to attend the Commission's meetings, takes his
instead of his alternate. The person who is the Vice-President of the Commission of the Act,
in the performance of this function may represent an employee already controlled authority,
designated by the.
(6) the Central Commission and the County Commission to compute processing
create professional (summarization) formations composed of workers apparatus
national statistics for this purpose allocated. These workers consist
the promise made in the texts referred to in paragraph 3 and in the performance of these tasks is
the President of the Commission, the qualified.
section 13 of the
The Federal Commission
(1) Every political party and political movement, ^ 10) in
The Federal Assembly group, ^ 11) shall, within the time limit laid down in the
the notice of referendum [§ 4 (1) (b), (e))], a member of the
The Federal Commission and its surrogate and shall communicate their first and last names
to the person who shall convene the first session of the Commission (paragraph 5).
(2) at the first meeting of the members shall determine the Federal Commission los its Chairman
and first Vice-Chairman. The oldest Member of the controls draw Federal Commission.
(3) Other Vice-Chairmen of the Commission are the Federal Minister of the Interior of the Czech and
Slovak Federal Republic and the President of the Federal Statistical
the Office.
(4) the Vice-Presidents of the Commission pursuant to paragraph 3 shall be set aside from the
servants of offices that control, the required number of personnel to ensure the
organizational and administrative work.
(5) the Commission shall convene the first meeting of the Federal Minister of the Interior of the Czech and
Slovak Federal Republic within the period specified in the notice of
the announcement of the referendum [§ 4 (1) (b), (e))].
(6) the Federal Commission in particular
and) oversees compliance with the law during the preparation and implementation of the
the referendum,
(b)) decides on complaints on how the Central Commission,
(c)) to determine the results of voting in the Federation,
(d)) of the outcome of the vote registration shall surrender to the Bureau of the Federal
collect and send it to předsednictvům national councils of both republics,
(e)) other tasks pursuant to this Act and other legislation.
§ 14
The Central Commission
(1) Every political party and political movement, ^ 10) which are in the United
the National Council of the Slovak National Council or group, ^ 12) shall, within the
the time limit set in the notice of referendum [§ 4 (1) (b), (e))]
one member of the Central Commission and its surrogate and shall communicate to the
their last name to the person who shall convene the first meeting of the Central Commission
(paragraph 5).
(2) at the first meeting of the members shall determine the los of the Central Commission of the President
and first Vice-Chairman. Draw controls most senior member of the Central Commission.
(3) the Other Vice Chairman of the Central Commission are the Minister of the Interior and
the President of the central statistical authority of the Republic.
(4) the Vice-Presidents pursuant to paragraph 3 shall be set aside from the servants of offices,
that control, the required number of personnel to ensure the tasks pursuant to section 12 of the
paragraph. 6 and for organizational and administrative work.
(5) the first session of the Central Commission shall be convened by the Minister of the Interior
Republic within the period specified in the notice of referendum [§ 4
paragraph. 1 (b). e)].
(6) the Central Commission in particular
and) oversees compliance with the law during the preparation and holding of the
the referendum,
(b)) decides on complaints on how the District Commission
(c)) to determine the results of the vote within the Republic,
(d)) of the outcome of the vote registration shall surrender to the Bureau of the National Council
the Republic, and in the case of a referendum carried out pursuant to article. 3 (2). 2
the Constitutional Act, it shall write to the Bureau of the National Council of the second
States and the Bureau of the Federal Assembly,
(e)) of the outcome of the vote registration shall surrender the Federal Commission if it is a
the referendum carried out pursuant to article. 3 (2). 1 constitutional law
(f)) other tasks pursuant to this Act and other legislation.
§ 15
The District Commission
(1) Every political party and political movement, ^ 10) referred to in § 14 para.
1, you may specify the time limit set in the notice of referendum [§ 4
paragraph. 1 (b). e)] one member of each District Committee and his Deputy.
Their first and last names give to the person who shall convene the first meeting of the district
the Commission (paragraph 6).
(2) at the first meeting of the members shall determine the los District Committee of the President of the
and first Vice-Chairman. The oldest Member of the district controls the draw of the Commission.
(3) the District Commission shall have at least 5 members. If there is no District Commission
thus created in the manner referred to in paragraph 1, shall appoint the remaining members of the
Head of the District Committee of the competent District Office, in the capital city
Prague Office of the Secretary of the magistrates.
(4) Other Vice-Presidents are head of the District Committee of the competent
District Office, in the capital city of Prague and the Office of the Secretary of the magistrates,
the Director of the competent District Department of the Statistical Office, in the main
the city of Prague, Director of the municipal administration of the Czech Statistical Office.
(5) the Vice-Presidents of the Commission pursuant to paragraph 4, the district set aside from the
servants of offices that control, the required number of personnel to ensure the
tasks in accordance with § 12 para. 6, and for the necessary organizational and administrative
work.
(6) the Commission shall convene the first meeting of the district head of the respective District
the Office, in the capital city of Prague, the Secretary of the magistrates of the Office within the time limit
set out in the notice of referendum [§ 4 (1) (b), (e))].
(7) the District Commission
and) oversees compliance with the law during the preparation and implementation of the
the referendum,
(b)) decides on complaints on how the District Commission
(c)) supervises the survey results of voting in districts; It is entitled to
require from the Commission's explanation of the district or other information, and may
errors detected by the Commission in agreement with the County to remove yourself or ask
County Commission to eliminate the shortcomings,
(d)) to determine the results of voting within the district,
(e)) of the outcome of the vote registration shall surrender to the Central Commission
Republic,
(f)) other tasks pursuant to this Act and other legislation, and
tasks that require it, the Central Commission the relevant States.
section 16 of the
District Commission
(1) Every political party and political movement ^ 10) ^ 13) represented in the
the municipal corporation, in the cities, which is divided into districts
or, in the district or local Board, may determine the
the time limit set in the notice of referendum one Member
District Commission and its surrogate and shall communicate their first and last names
the competent authority of the municipality.
(2) at the first meeting of the members of the district shall determine the los Commission its Chairman
and Vice-Chairman. The oldest Member of the district governed by the Lottery Commission.
(3) the Ward Commission shall have at least 5 members. If there is no Ward Commission
thus created in the manner referred to in paragraph 1, shall appoint the remaining members of the
the competent authority of the municipality.
(4) the convening of the first meeting of the District Commission within the deadline set in
the notice of referendum shall ensure that the competent authority of the municipality.
(5) workers for the necessary organizational and administrative work will ensure
the competent authority of the municipality.
(6) the Commission, in particular, Ward
and ensures the proper conduct of the vote), in particular as to the correct
submission of ballots and ensure order in the room for the vote
and in its immediate vicinity,
(b)) performs counting of votes (section 23),
(c)) of the outcome of the vote shall surrender the registration of the District Commission
(d)) shall carry out other tasks pursuant to this Act and other legislation, and
tasks that require it at the appropriate district or the Central Commission.
PART FIVE
The holding of the referendum
THE FIRST SECTION
Preparing to vote
§ 17
Ballot papers
(1) on the ballot must be mentioned:
and the day or days) the holding of a referendum,
(b)) the question or questions or a suggestion for a vote (§ 3). If there is more
questions marked with serial numbers. For each question or proposal,
print two frames, one of which is entitled, "Yes" and the other
the word "no",
(c) the lessons learned about how to vote).
(2) each ballot paper shall bear the stamp of the Federal
of the Commission.
(3) a Federal Commission, lays down the specimen ballot and send it to the
the Federal Ministry of the Interior, in cooperation with the ministries
the Interior of the Republics shall ensure that the ballot papers have been printed, and in
necessary quantity delivered to the competent authorities of the municipalities.
(4) the competent authority of the municipality shall ensure that the ballot papers were delivered
not later than 3 days before the holding of the referendum, all eligible citizens, and on the day
all referendum committees of okrskovým.
(5) if the referendum Is declared only in the Czech Republic, or only in
Slovak Republic (article 3, paragraph 2, of the constitutional law), belongs to the scope of the
pursuant to paragraph 3 of the Central Commission and the Ministry of the Interior
of the Republic. On the ballot shall be stamped, the Central Commission
the relevant States (paragraph 2).
section 18
Informing citizens
On the information of the legitimate citizens of the time and place of voting in the village
shall apply mutatis mutandis the provisions of the relevant electoral laws provide
voters with the fact that the scope of the former local national committees belong to
the competent authorities of the municipality.
SECTION TWO
§ 19
The referendum campaign
(1) the time of the referendum campaign for the purposes of this Act, the
period beginning 12 days and ending 2 days before the holding of the referendum. Time
between the date of publication of the referendum and the holding of a referendum shall not be less than
20 days.
(2) If a referendum published simultaneously in both Republics (article 3, paragraph 3.
1 constitutional law), political parties and political movements, referred to in
§ 13 para. 1 and § 14 para. 1, the right to keep them at the time of the campaign before
the referendum, anyone who has obtained permission for your tv and radio
broadcast on the basis of the law of the Federal Assembly, the law of the Czech
the National Council of the Slovak National Council or law, provided free of charge
a total of 15 hours of airtime on each of its prime the circuit.
(3) if the referendum Is declared only in one Republic (article 3, paragraph 2,
constitutional law), political parties and political movements, referred to in §
14. 1, the right to keep them at the time of the referendum campaign, anyone who
He received permission to broadcast television and radio on the basis of
the law, the National Council of the Republic, provided free of charge, a total of 15
hours of airtime on each of its prime the circuit.
(4) 15 hours of airtime provided to political parties and
a political movement referred to in paragraph 2 or 3, between the political parties and
the political movement split in proportion to the total number of members in their
political groups in the respective legislative councils, with the
each of these political parties and political movements must be
given at least 10 minutes of air time.
(5) any disputes about the broadcasting time in accordance with paragraphs 1, 2 and 4
shall be decided by the Federal Commission, if the referendum is declared pursuant to article. 3
paragraph. 1 constitutional law any disputes about the broadcasting time
pursuant to paragraphs 1, 3 and 4 shall be decided by the Central Commission of the Republic,
If the referendum is declared only in one Republic pursuant to article. 3 (2). 2
the Constitutional Act.
(6) the remuneration for the use of telecommunications equipment ^ 14) are to be paid in
the range of transmission time provided pursuant to paragraph 2 of the State
the budget of the Federation and in the range of transmission time provided by
paragraph 3 of the State budget of the Republic.
(7) after the expiry of the period of the referendum campaign (paragraph 1) is another
persuasion for a particular way of voting in the referendum by the word, letters,
sound and image of the disabled in the public information resources, in
the buildings, which houses the District Commission and in its immediate vicinity.
Publish the results of opinion polls concerning the questions
submitted by referendum is allowed until the seventh day before the date of
the holding of the referendum.
(8) the members of the Commission and the staff of their professional departments shall not
provide information on the progress and results of the vote until the
the signing of the minutes of the outcome of the vote.
(9) during the vote (§ 6) it is prohibited to publish the results of the surveys
the vote.
THE THIRD SECTION
Vote
section 20
(1) a lawful citizen votes personally; representation is not permitted.
(2) a lawful citizen submitting a valid vote ballot on
which shall be marked with a cross in the appropriate box on the question or suggestion
corresponds to the "Yes" or that the question or proposal corresponds to "no". The vote is
secret.
(3) the True citizen shall refrain from submitting an UN-filled valid vote
ballot.
(4) if it is decided in a referendum about more issues, the provisions of
paragraphs 2 and 3 for each of these issues separately.
section 21
(1) the voting is void if a ballot was given without
the Central, or if the envelope submitted by the official cover, there is no
ballot or more ballots, or is it
the document, which is not only the official voting list (section 17).
(2) the ballot (section 17) is invalid if torn apart into two or
more parts, or if filled in a manner other than as provided for in section
20 (2). 2 and 3, or otherwise modified.
(3) the validity of the official envelope, about the validity of the vote, and on the validity of
ballot decides the ward Commission.
section 22
Otherwise about the preparations in the room for the vote, the premises for the adjustment
ballots, voting, vote, begin right in the room
for voting and in its immediate vicinity, the interruption of voting and
end of voting shall apply mutatis mutandis the corresponding provisions of the
electoral laws.
PART SIX
Findings the results of the referendum
Article 23 of the
The counting of votes County Commission
(1) after opening the Clipboard for voting Ward Commission excludes
ballots submitted without an official envelope. When the counting of the cast
official envelopes and set-aside ballots of these envelopes will exclude
cases of invalid voting (article 21, paragraph 1) and finds:
and) total number of cast ballots,
(b) the number of invalid ballots) (section 21 (2)), which excludes from the
the next census,
(c) the number of valid ballots),
(d)) the number of votes "Yes" and the number of votes "no" to each question or
to design,
(e)) the number of abstention (section 20 (3)) for each individual questions
or for the proposal.
(2) otherwise, the procedure for counting votes for County Commission shall apply mutatis mutandis
provisions of the relevant election laws, balloting County
by the Commission.
section 24
A record of the progress and outcome of the vote in the district
(1) the Commission shall draw up a Ward in two a copy of the record of the progress and
the result of the voting, which shall be signed by the President, the Vice-President and the other
members of the Commission. The reasons for the rejection of signature note.
(2) the minutes of the Commission about the progress of the Anne Arundel and the result of the vote shall be
listed:
and start and end time) vote, or its interruption,
(b) the number of eligible citizens) in the precinct to a list for the
the vote,
(c)) the number of eligible citizens, who have been issued an official envelope,
(d)) the number of cast official envelopes,
(e)) the number of the valid cast and the number of invalid cast
ballots,
f) number of votes "Yes" and the number of votes "no" to each question or
to design,
(g)), the number of abstentions for each individual question or proposal.
(3) the Commission shall be attached to the registration of the ward a brief report on the content of the
complaints submitted to it, and the resolutions adopted by them.
(4) after signing both copies of the minutes of the progress and outcome of the vote
the President of the district one copy of the registration, the Commission shall deliver without delay
the District Commission and waits for her order to shut down the district
of the Commission.
(5) the Ward Commission seal cast ballots, official envelopes
and lists for the vote and transmit them along with the other documents of
vote for safekeeping to the competent authority of the municipality.
§ 25
Write the District Commission
(1) the Commission shall draw up in two District a copy of the record of the outcome of the
the vote in the district, which shall be signed by the President, Vice-Presidents and other
members of the Commission. The reasons for the rejection of signature note.
(2) the Commission shall carry out a census of the district to determine the results of the voting in the
the district on the basis of the minutes of the progress and outcome of the vote cast
okrskovými commissions.
(3) the registration of the District Commission shall be given:
and the number of districts in the County) and number of the District Commission, which sent the registration
on the progress and outcome of the vote,
(b)) total number of eligible citizens registered in the lists for the vote
within the district,
c) total number of eligible citizens, who were within the district released
the official envelope,
(d)) the total number of cast official envelopes within the district,
(e)) the total number of valid ballots cast and the total
number of cast invalid ballots in the County,
(f)), the total number of "Yes" votes and the total number of votes "no" to each
each question or within a district,
g) total number of abstentions for each individual questions or
proposal within the district.
(4) the registration shall be accompanied by the District Commission a brief report on the content of the complaint,
It has been submitted and the resolutions which they adopted, as well as the
cases of violation of the legislation in the preparation and implementation of the
the referendum, if the identified defect has been rectified.
(5) after the signing of the two copies of the minutes of the result of the vote in the district
the Chairman of the District Committee shall deliver a copy of the registration without delay to the
the Central Commission of the Republic and waits for its termination order
the activities of the District Commission. Other documents about the vote passes into custody
the competent District Office.
section 26
Registration of the Central Commission
(1) the Central Commission shall draw up the necessary number of copies of the enrollment
the result of the vote in the Republic, which shall be signed by the Chairman,
the Vice-Presidents and the other members of the Central Commission. The reasons for the
denial of signature note.
(2) the Central Commission will review the minutes of the District Commission and on their
the census to determine the results of the vote within the appropriate
of the Republic.
(3) the minutes of the Central Commission shall:
and the total number of counties) and districts within the Republic and the total number of
District and district commissions, which committed themselves to writing about the result
the vote,
(b)) total number of eligible citizens registered in the lists for the vote
under the Republic,
c) total number of eligible citizens, who have been under the Republic
issued an official envelope,
(d)) the total number of cast official within the envelope of the Republic,
(e)) the total number of valid ballots cast and the total
number of cast invalid ballots within States,
(f)), the total number of "Yes" votes and the total number of votes "no" to each
each question or to design within the Republic,
g) total number of abstentions for each individual questions or
the proposal in the context of the Republic.
(4) the minutes of the Central Commission on brief content complaints
She was given and the resolutions adopted by them, as well as cases
violations of the law during the preparation and implementation of the referendum,
If the detected defect has been rectified.
(5) after signing all copies of the minutes of the result of voting in the
the President of the Republic shall surrender the Central Commission a copy of the registration
the Bureau immediately to the National Council of the Republic. In the case of
the referendum carried out pursuant to article. 3 (2). 2 constitutional law, it shall further
immediately after the one a copy of the write to the Bureau of the National Council of the second
States of the Federal Assembly, the Bureau and the President of the Czech and
Slovak Federal Republic. In the case of a referendum carried out pursuant to article.
3 (2). 1 constitutional law shall surrender without delay whether or not four copies
writing about the outcome of the vote in the Republic the Federal Commission and waits for her
the termination of the activities of the Central Commission. Documentation on activities
The Central Commission the President into custody shall transmit to the Ministry of the Interior
the relevant States.
(6) immediately after sending the registration (paragraph 5) shall be published by the Central Commission
for a referendum in the Czech Republic through the Czechoslovak press
the Office of the United States, or of the Central Commission for the referendum
The Slovak Republic through the Czechoslovak press agency
The Slovak Republic, the results of the vote in the Republic [paragraph
3 (b). (b)), e), f), (g))].
section 27 of the
Write the Federal Commission
(1) the Commission shall draw up the required Federal in the number of copies of the enrollment
the result of the vote in the Czech and Slovak Federative Republic, which
shall be signed by the President, Vice-Presidents and the other members of the Federal Commission.
The reasons for the rejection of signature note.
(2) the Commission shall examine the minutes of the Central Federal Commission of the Republics and
the result of the review shall be in writing.
(3) the minutes of a Federal Commission on brief content complaints
She was given, and the resolutions adopted by them, as well as cases
violations of the law during the preparation and implementation of the referendum,
If the detected defect has been rectified.
(4) after signing all copies write Federal Commission submits its
the President of one copy of the minutes the minutes of the Central Commission, together with the two
republics of the Federal Assembly and the Bureau immediately after one
a copy of the registration with the Central Commission the two republics entries shall send
předsednictvům national councils of both republics and the President of the Czech and
Slovak Federal Republic.
(5) immediately after the signing of the registration (paragraph 4), the Federal Commission
publish through the Czechoslovak press agency results
the vote in the Czech Republic and the Slovak Republic [section 26 (3)
(a). (b)), e), f), (g))].
PART SEVEN
Measures to ensure the referendum
section 28
Measures of auxiliary devices
(1) all auxiliary equipment, in particular, the room for the vote and
the need for them, shall ensure that the competent authorities, the Commission for district municipalities.
(2) the Commission shall ensure that For the District AIDS district
the Office, in the capital city of Prague municipal authority.
section 29
The cooperation of other institutions and people
(1) all State authorities and local authorities are required to
interact in the implementation of this Act.
(2) natural and legal persons active in the field of polygraphic activity
They shall, to the extent the corresponding technical possibilities of their
the operation, at the request of State authorities or local government
meeting the tasks under this Act for a fee to ensure that voting
tickets, tickets, legitimizing the voting cards and all other
documents needed for a referendum have been on time and properly copied. Claims
for damages incurred in the performance of these tasks are not
without prejudice to the provisions.
section 30
The claims of members of the Commission
Claims members of the commissions shall apply mutatis mutandis the provisions of the relevant electoral
laws of the claims of the members of the Electoral Commission.
section 31
Reimbursement of costs related to the referendum
(1) expenditure associated with the preparation, design and survey results
the referendum declared pursuant to article. 3 (2). 1 the Constitutional Act shall be paid from the
the State budget of the Federation. The Federal Ministry of Finance shall lay down
method of reimbursement of expenses incurred by the Republics and municipalities.
(2) expenditure associated with the preparation, design and survey results
the referendum declared pursuant to article. 3 (2). 2 Constitutional Act shall be paid from the
the State budget of the Republic, in which the referendum was announced.
Ministry of Finance of the Republic provides for reimbursement of expenses,
incurred by municipalities.
(3) the Expenses referred to in paragraphs 1 and 2 are not expenses associated with the campaign before
the referendum, with the exception of payments for the use of telecommunications equipment (section
19 para. 6).
§ 32
The result of the referendum
(1) in the case of a referendum proclaimed by art. 1 (1). 1 and article 3, paragraph 3. 1
the Constitutional Act, the decision is taken, if it is in favour of an absolute
the majority of all eligible citizens in each of the Republics (article 5, paragraph 1
the Constitutional Act) to the question "Yes" or in favour of the "no".
(2) in the case of a referendum proclaimed by art. 1 (1). 2 and article. 3 (2). 2
the Constitutional Act, the decision is taken, if it is in favour of an absolute
the majority of all eligible citizens in the Republic (article 5, paragraph 2
the Constitutional Act) to the submitted draft "Yes" or in favour of the
"No."
(3) the decision referred to in paragraph 1 is the result of the referendum within the meaning of article 87(1). 6
paragraph. L1 constitutional law; It has a binding nature of constitutional law of the Federal
Assembly and is effective as of date of publication of the decision taken in
referendum (§ 33 (1)) in the collection of laws.
(4) the time limit referred to in article. 6 (1). 2 constitutional law shall be calculated from the date on which
the decision adopted in the referendum (article 33 (2)) was published in the collection of
laws.
(5) in a referendum carried out within the meaning of article 3(1). 5 (3). 5 the Constitutional Act is
considers the referendum, in which the decision was taken (paragraphs 1, 2),
as well as the referendum, in which the decision has been taken.
§ 33
The announcement of the outcome of the referendum
(1) a decision adopted in a referendum on the fundamental question of form is shown,
the arrangement of the Czech and Slovak Federal Republic (article 1, paragraph 1, article.
3 (2). 1 constitutional law), Federal
Assembly as the law of the Federal Assembly. The announcement of the referendum
adopted decision shall contain the following information:
and that the referendum was held) at the same time in the Czech Republic and in the Slovak
Republic,
(b)) a day, or days of the referendum,
c) total number of eligible citizens,
d) total number of eligible citizens who question answered "Yes" and
total number of eligible citizens who question answered "no",
e) total number of eligible citizens who have taken part in voting,
(f)) the question or questions, to which it was adopted the same decision (§ 32
paragraph. 1) in the Czech Republic and in the Slovak Republic and the contents of this
the decision,
(g)) the provision that the decisions adopted in the referendum has binding force
the Constitutional Act of the Federal Assembly.
(2) the decision taken on the proposal in a referendum on the performance of the United
Republic or the Slovak Republic from the Czech and Slovak Federal
States (article 1, paragraph 2, article 3, paragraph 2, of the constitutional law),
the Bureau of the National Council of the Republic as the law of the National Council.
The announcement of the referendum, adopted the decision must contain the following information:
and that the referendum was held) in the Czech Republic or in Slovakia
Republic,
(b)) a day, or days of the referendum,
c) total number of eligible citizens,
d) total number of eligible citizens who answered "Yes" to the proposal, and
total number of eligible citizens who answered "no" to the proposal,
(e)) that was adopted in a referendum decision (§ 32 para. 2) on an application for
performance of the respective States of the Czech and Slovak Federal
States and the content of this decision,
f) instruction on the date of termination of the Czech and Slovak Federal Republic, if
the proposal was based on article. 1 (1). 2 Constitutional Act adopted in at least one of the
the republics.
§ 34
The review of the constitutionality of the procedure of a referendum
(1) an application for the review of the constitutionality of the procedure of a referendum (article 5, paragraph 4,
the Constitutional Act) may be the Constitutional Court of the Czech and Slovak
Federal Republic (hereinafter referred to as "Constitutional Court") made after its publication in the
the referendum (article 2 of the constitutional law); the request must be received by 10
days from the date on which the infringement of the Constitutional Act has occurred, and no later than
10 days of the signing of the minutes of the Federal Commission (section 27), in the case of a referendum
acclaimed by art. 1 (1). 1 and article. 3 (2). 1 the Constitutional Act, or from the
the signing of the minutes of the Central Commission of the Republic concerned (section 26), in the case of
a referendum proclaimed by art. 1 (1). 2 and article. 3 (2). 2 the constitutional
the law.
(2) If a request for a review of the constitutionality of the referendum process,
the declared pursuant to article. 3 (2). 1 constitutional law, not Constitutional
the Court, within the time limits referred to in paragraph 1, shall send to the Bureau
The Federal Assembly of the decision adopted in the referendum (§ 33 (1)) to
publication in the journal of laws (article 5, paragraph 3 of the Constitutional Act) within 3 days after the
the expiry of the final deadline referred to in paragraph 1.
(3) if the request for a review of the constitutionality of the referendum process,
the declared pursuant to article. 3 (2). 2 constitutional law, not Constitutional
the Court, within the time limits referred to in paragraph 1, the Bureau shall send the national
the Council of the Republic decision adopted in a referendum (article 33 (2))
for publication in the journal of laws (article 5, paragraph 3, of the constitutional law) in 3 days
After the latest deadline pursuant to paragraph 1.
(4) if the request for a review of the constitutionality of the referendum the constitutional procedure
the Court, within the time limits referred to in paragraph 1, however, the Constitutional Court of a violation of
the constitutionality of a referendum procedure, the Bureau shall send notice of the Federal
the Assembly, in the case of a referendum proclaimed by art. 3 (2). 1
the Constitutional Act, or the Bureau of the National Council of the Republic,
If the referendum is declared pursuant to article. 3 (2). 2 constitutional law
the decision adopted in the referendum (article 33, paragraph 1, 2, constitutional law)
publication in the journal of laws (article 5, paragraph 3, of the constitutional law) within 3 days of
publication of the finding of the Constitutional Court.
§ 35
Proceedings before the Constitutional Court referred to in article. 5 (3). 4 constitutional law
regulates the special law. ^ 15)
section 36
Final provision
(1) the Federal Ministry of the Interior in the agreement with the Ministry of Interior of the Czech
the Republic and the Ministry of Interior of the Slovak Republic provides:
and voting lists) patterns, legitimačních, voting,
licences, registrations by the Commission and, where appropriate, of other documents for the referendum,
(b) the details of the task) the competent authorities of the municipalities in the
1. the creation of districts for voting,
2. creation and maintenance of lists for the vote
3. issuance of legitimačních tickets for voting and voting
licences,
4. securing and equipping rooms for voting,
5. custody of the ballots and other documents about the vote.
(2) the Federal Statistical Office, in agreement with the Federal Department of
of the Interior, the Ministry of Interior of the Czech Republic and the Ministry of the Interior
The Slovak Republic and in cooperation with the Czech Statistical Office and
The Slovak Statistical Office issues the methodology processing of the results
the vote.
(3) if the referendum Is declared only in the Czech Republic, or only in
Slovak Republic (article 3, paragraph 2, of the constitutional law), belongs to the scope of the
referred to in paragraph 1, the competent Ministry of the Interior States that it
in agreement with the Federal Ministry of the Interior; scope according to the
paragraph 2 belongs to the central statistical authority of the Republic,
that it carries out in the agreement with the Ministry of Interior of the Republic.
§ 37
cancelled
§ 38
This Act shall take effect on the date of publication.
Havel v.r.
DUBČEK v.r.
Čalfa v.r.
1) Constitutional Act No. 335/1991 Coll. on the referendum.
2) of the law No. 54/1990 Coll., on elections to the Czech National Council, as amended by
amended.
3) Act SNR No. 80/1990 Coll., on elections to the Slovak National Council.
4) § 5 para. 2 (a). (b)), § 9 para. 2 (a). a) and section 24 of Act No. 20/1966
Coll. on health care of the people.
5) Article. 41 the Constitutional Act No. 143/1968 Coll., on of the Czechoslovak Federation,
as amended the constitutional laws.
6) § 8 and 11 of Act No. 132/1989 Coll., on the collection of laws, as amended by Act No.
426/1990 Coll.
7) § 3 (1). 1 and 2 and § 44 para. 1 and 2 of Act No. 367/1990 Coll., on
municipalities (municipal establishment).
section 22 of Act No. 418/1990 Coll., on the capital city of Prague.
8) § 13 para. 1 and § 24 para. 2 Act SNR No. 369/1990 Coll. on the municipal
the establishment.
§ 17 para. 1 Act SNR No. 377/1990 Coll. on the Slovak capital
Republic Bratislava.
§ 15 para. 1 Act SNR No. 401/1990 Coll., on the city of Košice.
9) Act No. 36/1960 Coll. on territorial subdivisions of the State, as amended
regulations.
Act SNR No. 527/1990 Coll. on territorial and administrative subdivision of the Slovak
of the Republic.
10) Act No. 424/1991 Coll. on Association in political parties and in
political movements.
11) section 8 of Act No 56/1991 Coll., on the rules of procedure of the Federal Assembly.
12) § 55b law No. 35/1989 Coll., on the Czech national rules of procedure
the Council, as amended by Act No. 283/1991 Coll.
section 17 of Act SNR No. 45/1989 Coll., about MEPs of the Slovak National Council.
13) Act No. 367/1990 Coll., on elections to the Councils in the municipalities.
Act SNR No. 346/1990 Coll., on elections to the organs of self-government of municipalities.
14) Act No. 110/1964 Coll. on telecommunications.
15) Act No. 483/1991 Coll., on the Constitutional Court of the Czech and
Slovak Federal Republic and of the proceedings before him.