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The Implementing Decree To The Act On The Implementation Of The Referendum

Original Language Title: prováděcí vyhláška k zákonu o provádění referenda

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115/2003 Coll.



DECREE



of 22 March. April 2003, implementing certain provisions of Act No.

114/2003 Coll., on the implementation of the referendum on the accession of the Czech Republic

The European Union and on amendments to certain acts (the Act on the implementation of the referendum)



Ministry of the Interior shall determine pursuant to section 42 of Act No. 114/2003 Coll.

the implementation of the referendum on the accession of the Czech Republic to the European Union and the

amendments to certain acts (the Act on the implementation of the referendum):



§ 1



Creation and maintenance of specific lists



(1) the specific list of eligible citizens ^ 1) (hereinafter referred to as the "special" list)

are you in the book, system files, or through a computer

the technique of permanent breakdown of electoral districts and separate

electoral districts ^ 2) (hereinafter referred to as the "district").



(2) in the special list is registered the name or names, ^ 3)

name, date of birth, reason to write to a special list, address

the place of residence of the registered authorized citizen ^ 4) and the number of the precinct,

in which to vote. The note shall indicate who gave to write to

Special list initiative.



(3) the minutes of any changes to the data in the separate lists according to the

paragraph 2 is performed by the local authority, City Hall, City Hall, the Office of the municipal

part of the borough or chartered for the city and the authority

the urban part of the city of Prague (hereinafter referred to as "local authority") based on the

the notification of the person who gave to the original registration to a special list,

or a change to his previous complaint.



(4) the deletion of the special list made on the basis of the notification

referred to in paragraph 3 shall notify the municipal office in the village, where he was a true citizen of the

entered on the special list, the Municipal Council in the village, where there is a legitimate

citizen written in the standing list of privileged citizens ^ 5) (hereinafter referred to as "the Standing

"list).



(5) the citizens entered on the special list of the reasons referred to in

§ 5 para. 2 (a). a), b) and (c)) of the Act on the implementation of the referendum are in

excerpt from a special list of led on separate worksheets for each

the Institute, an object or device. Listing of special list contains data

identical with those of the special list.



(6) after the conclusion of the special list of the local authority no longer changes the data according to the

paragraph 3 does not. Evidence justifying the changes received after

the conclusion of the special list of the municipal authority shall transmit to the District Commission.



(7) the legitimate citizen who is not registered in the permanent list nor in the

Special list and in the days of the referendum on the accession of

The Czech Republic to the European Union (hereinafter referred to as "referendum") into the room

for the vote, it will be after the presentation of the ID card to vote, registered County

by the Commission in the statement of the special list.



(8) If a-come into the room for the vote, in which legitimate citizen

statement from the standing list note that is written in a special

the list, the ward Commission cancels this comment, if he proves that in

the district, which is written in the listing of special list, did not vote and that

This notation has been dropped.



§ 2



Storage of ballots and other documents on the implementation of the referendum



(1) the local authority before the referendum secures after receiving

the ballots, envelopes and forms their protection so as to

prevent their misuse, destruction or alienation.



(2) the local authority takes over all the documentation of the referendum with the exception

single copies of the minutes of the progress and outcome of the vote in the District of

District Commission. ^ 6) ballots and used in the manner prescribed by the official envelope

the announcement of the results of the referendum, President of the Republic in the collection of laws,

where appropriate, the publication of the finding of the Constitutional Court, which this Court

held that the procedure for making the referendum was not in accordance with the constitutional

the law on the referendum on the accession of the Czech Republic to the European Union or

by law issued for its implementation. After this period leaves for archiving 3

the unused ballot papers for the referendum; other ballots

destroy.



(3) the Designated municipal office, ^ 7) in the capital city of Prague City District Office

in the cities of Brno, Ostrava, Pilsen, the Office of the borough or city

circuit shall keep the other documentation relating to the referendum.



(4) the dossier on the financial cost of the referendum will be saved separately

from the rest of the documentation.



(5) for documentation concerning the holding of a referendum shall be those

discarding the characters and time periods:



and the character and for discarding) ballots, writes about the progress and outcome of the

vote; discarding the time limit is fixed at 10 years,



b) discarding character in for further documentation; discarding the time limit shall be

for a period of 5 years.



(6) after the discarding periods shall be treated in accordance with special laws,

legislation. ^ 8)



§ 3



Patterns of documents required for the implementation of the referendum



(1) for the referendum are in annex No. 1 of this Decree laid down patterns

for:



1. A separate list



2. notice of the time and place of the holding of the referendum on the accession of the Czech

Republic to the European Union



3. The promise of a clerk and members of the District Commission



4. Ballot



5. Voting card



6. A record of the refusal of the progress and outcome of the vote in the district

The Czech Statistical Office.



(2) for the referendum are in Appendix 2 of this Decree laid down patterns

forms for:



1a. the Member of the District Commission Licence



1B. License clerk District Commission



2. A record of the progress and outcome of the vote in the district.



(3) if the ward Commission will use the software supplied to Czech

the Statistical Office, ^ 9) shall be replaced by the print outputs from this program

the forms referred to in paragraph 2 of point 2.



§ 4



The amount of special payments for the performance of a member of the District Commission, the way her

reimbursement and payouts



(1) in the implementation of the referendum, it is for the Member of the District Commission for performance

features a special reward ^ 10) in the amount of $800 and the President of the District Commission

in the amount of $1,000.



(2) a special remuneration referred to in paragraph 1 to the Chairman and other members of the

the District Commission shall be paid within 30 calendar days after the termination of the activities

District Commission ^ 11) Municipal Office. In the case that a member of the District Commission

or the Chairman of any meeting of the Commission does not participate, the municipal office total

the amount of the special payments determined in accordance with paragraph 1 shall be reduced in proportion to the

evidence of their participation in the meetings of the District Commission.



§ 5



The effectiveness of the



This Decree shall take effect on the date of its publication.



Minister:



Mgr. Gross in r.



Č. 1

Pattern 1



Special list



----------------------------------------------------------------------------------------------------

Sequence. Surname, first name, date the reasons for writing the address space Number Note

where appropriate, the number of birth into a special permanent precinct

the names of the list of residence

----------------------------------------------------------------------------------------------------



----------------------------------------------------------------------------------------------------



----------------------------------------------------------------------------------------------------



----------------------------------------------------------------------------------------------------



Pattern 2



Notification

about the time and place of the holding of the referendum on the accession of the

The Czech Republic to the European Union



The Mayor (Mayor) of the municipality (the city of the x), City District, city

the perimeter) x)......................................., pursuant to section 21 of the Act

No 114/2003 Coll., on the implementation of the referendum on the accession of the Czech

Republic to the European Union and on amendments to certain acts (the Act on

the implementation of the referendum)



announce:



1. voting in the referendum on the accession of the Czech Republic to the European

the Union shall take place



day.............................. hours to ... ... ... ... ... ... hours and



day.............................. hours to ... ... ... ... ... ... hours.



2. A place where citizens can learn about permission with the text of the Treaty

on the accession of the Czech Republic to the European Union it is......... xx)



3. the place of the holding of the referendum



v okrsku č. ...................................................



is the place for voting ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...



for eligible citizens with the address of the place of residence........



...............................



4. A lawful citizen will be allowed to vote after he proves

his identity and nationality of the United States (with a valid

ID card, travel, diplomatic or professional

the waist of the Czech Republic or travel card).



5. the ballot will be a lawful citizen passed in the room

for the vote. Authorized citizen votes on voting

ticket marked with a cross in the appropriate box on your answer

answer to the question.



6. xxx)



V ............... dne .......... ........................

The Mayor (Mayor) x)



x) shall be adequate.

XX) shall be the competent local authority, which is the registry office.

XXX) indicate the necessary data to smooth over the

the referendum.



Pattern 3



Promise

the rapporteur and members of the District Commission



"I promise on my honour that I will conscientiously and impartially exercise the

its member of the District Commission and I will follow the Constitution, while

laws and other legal regulations of the Czech Republic. ".



The writer of the District Commission




The name or names, surnames, date of signature Signature

the title of the



.............................. ............... ............



Members of the District Commission



The name or names, surnames, date of signature Signature

the title of the



.............................. ............... ............



.............................. ............... ............



.............................. ............... ............



.............................. ............... ............



.............................. ............... ............



Pattern 4



Ballot



The President of the Republic in accordance with the constitutional law no 515/2002

Coll., on the referendum on the accession of the Czech Republic to the European Union and the

change of Constitutional Act No. 1/1993 Coll., Constitution of the Czech Republic, in the

as amended, declared the referendum day ... ...

.......... a ............



The question for the referendum:



"Do you agree that the Czech Republic has become under the Treaty

on the accession of the Czech Republic to the European Union Member State

Of the European Union? "



The answer to the question:

+----+ +----+

YES | | NO | |

+----+ +----+



stamp of the Ministry of the Interior



Lessons learned about how to vote:



1. after receiving the official envelopes and ballot entry

authorized citizen into space intended to modify the voting

petals, where ballot in the prescribed manner and

put it in the official envelope.



2. the answer to the question shall be indicated on the ballot so that it is in

the appropriate box marked with a cross.



3. after leaving the designated area for adjustment of the ballot

Inserts a legitimate citizen official envelope with a voting list before

County Commission to the voting boxes. As a citizen,

that is not able to embed the official envelope with the voting list to the

the voting of the Clipboard, can do so with the consent of the

authorized citizen of another true citizen, but not a member of the

District Commission.



4. each eligible citizen vote person, representation is not permitted.

With a legitimate citizen cannot itself modify the ballot

for physical defect or for other reasons cannot read or write,

may be in the area designated for the adjustment of the ballots

with the consent of the authorized present citizen of the other

true citizen, but not a member of the District Commission and voting

a ticket may for him to edit and insert in the official envelope.



5. A lawful citizen who is removed to a designated area

to modify the ballot Commission voting Ward

will not allow.



6. a lawful citizen who came to the room for the vote with

the voting card, this card is obliged to commit the district

to the Commission.



Pattern 5



The designation of the municipal (city, municipality of the District of the authority

or borough, the authority to appoint) x)



Voting no..............



to vote in the referendum on the accession of the Czech Republic to the European

the Union held in

....................................



U pana (paní) ...............................



born (s) of the day..........................



with the address of the place of residence. resident outside the territory of the United



republiky, ...............................................,



that (which) was issued this voting card, he was in our town

(districts, urban district, town, on our representative

the Office) in the standing record (Special) x) on the issue list

This voting card.



.............................

Stamp Office

The signature of the



Lessons for eligible citizens:



The presentation of this card and a document establishing the identity and

the citizenship of the United States authorizes the appointed authorized

citizen to flush into the statement of the special list of authorized

citizens in the days of the vote in a referendum in any precinct, and in this

the precinct to vote. Voting card is true citizen shall be obliged to

in the room for the vote cast the District Commission.



x) Delete where inapplicable.



Pattern 6



A record of the refusal of the progress and results of voting

in the precinct of the Czech Statistical Office



A referendum on the accession of the Czech Republic to the European Union held in

dnech: .....................................



The Village Of KČ11 District

Identification of the district ... ... ... ... ... ... ... ... ....



Territorial jurisdiction of the district municipality of, in the words of (urban part of the city

District, County):



................................................................



................................................................



The registration was rejected because of:



................................................................



................................................................



................................................................



and to eliminate errors and transfer (sending) the new registration has been

time limit (date and hour):



................................................................



................................................................



record date, name or name, surname and signature of the

authorized employees of the Czech Statistical Office



Č. 2

The specimen 1a



T/1a



LICENCE

Member of the District Commission



The name or names, surname, title:..........................



Date and place of birth:.........................................



Address of the place of residence:.....................................



ID card number:.........................................



Funkce v komisi:..................................................

Member, Chairman, Vice-Chairman of the x)



V................ dne .......... .........................

The signature of the writer

District Commission



x) shall be adequate.

A7 FORMAT



The specimen 1b



T/1b



LICENCE

the writer District Commission



The name or names, surname, title:..........................



Date and place of birth:.........................................



Address of the place of residence:.....................................



ID card number:.........................................



V................. dne ......... .........................

the signature of the Mayor, the Mayor of x)



x) shall be adequate.

A7 FORMAT



Model form 2

A RECORD OF THE PROGRESS AND OUTCOME OF THE VOTE IN THE DISTRICT



T/2



In Precinct No........ in the village (town, district, district)

............................... went in days.........

voting in the referendum on the accession of the Czech Republic to the European

the Union.



(I).



The President of the Commission has begun the first day of the referendum vote in. .... ...

hours.

The President of the Commission ended the first day of the referendum vote in. .... ...

hours.

The President of the Commission launched a second day of voting in the referendum........

hours.

The President of the Commission has ended the second day of the referendum vote in. .... ...

hours.



Begin the vote was adjourned about........... hours ... minutes from



důvodux)..........................................................



.................................................................



The voting time was extended by........... hours ... minutes from



důvodux)..........................................................



.................................................................



II.



The vote was not přerušenox) was suspended for a period of ... ... ....



to........... hours of důvodux)...................................



.................................................................



In the vote and results of voting bylyx discovery) nebylyx)

District Commission submitted a complaint or notification. Their brief

the content of the resolutions adopted, and their brief justification are listed in

Annex on............



In the district bylax) nebylax) used portable box.



III.



Were detected below the voting results:



+-----------------+-----------+------+

| The municipality | District | Czk1 |

Identification of the precinct +--------------------------------+

| | | |

+--+--+--+--+--+--+--+--+--+--+------+



Total number of eligible citizens, registered +-------+

in the excerpt from the standing and from a special list | |

+-+-+-+-+

The number of eligible citizens, who have been released | |

the official envelope +-+-+-+-+

| |

Number of cast official envelopes +-+-+-+-+

| |

The number of valid votes cast +-+-+-+-+-+

| |

Control number 2 +-+-+-+-+-+



+--------------------------------------+-------+-------+---------+

| | | | |

| | Show. | Number of | Times |

| Pointer | | | |

| | number | votes | 3 2xsl sl. |

| | | | |

+--------------------------------------+-------+-------+---------+

| SL 1 | Col. 2 | SL 3 | SL 4 |


+--------------------------------------+-------+-------+---------+

| | | | |

| The number of votes "Yes" | 1. | | |

| | | | |

+--------------------------------------+-------+-+-+-+-+---------+

| | | | |

| The number of votes "no" | 2. | | |

| | | | |

+--------------------------------------+-------+-+-+-+-+---------+



+---------+

Control number 3 (the sum of multiples of the sl 4) | |

+-+-+-+-+-+



IV.



From a total of ... ... members of the District Commission with the right to vote

at the time of writing the present copy. ...., i.e. by an absolute

most.



Furthermore were present:.............................................



.................................................................



The minutes were read by an absolute majority of the members in attendance of the district

the Commission with the right to vote, and approved by an absolute majority

present members of the Commission.



Member of the District Commission responsible for passing the registration of Czech

the Statistical Office on the appropriate territorial workplace and repair

any errors in the minutes on the site.................................

the name or names and surnames



The signatures of the members of the District Commission with the right to vote:.................



.................................................................



.................................................................



...............................

Hour, day, month and year

copies of the minutes



.......................

the name, or names,

last name and signature

the writer



Write refused to sign:...............................



The grounds for refusal are listed in a separate annex to the minutes.



x) Delete where inapplicable



1) section 5 of Act No. 114/2003 Coll., on the implementation of the referendum on the accession of the

The Czech Republic to the European Union and on amendments to certain acts (the Act on

the implementation of the referendum).



2) section 26 of Act No. 491/2001 Coll. on elections to the Councils of the municipalities and the

amendments to certain laws.



3) § 61 of Act No. 301/2000 Coll., on the civil registry, the name and surname and amending

some related laws.



4) § 3 (1). 1 of Act No. 114/2003 Coll.



5) section 5 of Act No. 114/2003 Coll.



6) § 33 para. 5 of law No 114/2003 Coll.



7) § 1 of the Act No. 312/2002 Coll., on the establishment of municipalities charged with municipal

the Office and the establishment of municipalities with extended powers.



8) Act No. 97/1974 Coll. on archives, as amended by law No 343/1992

Coll., Act No. 27/2000 Coll., Act No. 120/2001 Coll., Act No. 107/2002

Coll. and Act No. 320/2002 Coll.



Decree No 117/1974 Coll., laying down the criteria for the assessment

documents as public records and the details of designing control.



9) section 13 of Act No. 114/2003 Coll.



10) section 36 of Act No. 114/2003 Coll.



11) section 39 of Act No. 114/2003 Coll.