322/2016 Sb.
LAW
of 6 May 1999. September 2016,
amending electoral laws and other related laws
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on elections to the Parliament of the Czech Republic
Article. (I)
Act No. 247/1995 Coll., on elections to the Parliament of the Czech Republic and the
amendments to certain other laws, as amended by Act No. 212/1996
Coll., Constitutional Court, declared under no. 244/1999 Coll., Act No.
204/2000 Coll., Constitutional Court, declared under no. 64/2001 Coll.
Act No. 491/2001 Coll., Act No. 37/2002 Coll., Act No. 171/2002 Coll.
Act No. 229/2002 Coll., Act No. 62/2003 Coll., Act No. 420/2004 Coll.,
Act No. 323/2006 Coll., Act No. 484/2006 Coll., Act No. 261/2008 Coll.,
Act No. 320/2009 Coll., Act No. 195/2010 Coll., Act No. 222/2009 Coll.,
Act No. 58/2014 Coll., Act No. 59/2014 Coll. and Act No 114/2016 Coll.
is amended as follows:
1. in article 16, the following new paragraphs 1 to 3 shall be added:
"(1) the election campaign shall mean any promotion of the candidate
political party, political movement or coalition, their candidate
or an independent candidate or electioneering in favour of
who is a candidate of a political party, political movement or coalition, their
a candidate or an independent candidate, especially a public notice to
to support them, or used for their benefit, including any
accompanying events, for which they provide or usually provides remuneration. For
the electoral campaign is regarded as the communication to the detriment of other candidate
political party, political movement, a coalition, their candidate or
an independent candidate.
(2) a natural or legal person who proposes to participate in the election
the campaign without a candidate of a political party or political movement
the Coalition, their candidate or an independent candidate, is required to
before entering the election campaign to register as a registered the third
the person at the Office for the supervision of the activity of the political parties and
political movements (hereafter referred to as "the authority"), established under the law governing
Association in political parties and political movements.
(3) the election campaign under this Act begins on the date of publication of the elections to the
Parliament of the Czech Republic and ending on the date of publication of the total results
elections to the Parliament of the Czech Republic. ".
Paragraphs 1 to 8 shall be renumbered as paragraphs 4 to 11.
2. In paragraph 16, at the end of paragraph 4, the following sentence "to the election campaign cannot be
use the communication media of the county or municipality or of a legal person
is controlled by the region or municipality. ".
3. In article 16, paragraph 5 the following paragraph 6 is added:
"(6) the Promotion or electioneering circulated through
communication media must contain information about their sponsor and
processors; This applies mutatis mutandis for the use of large-size equipment and
communication to the detriment of any candidate of a political party,
political movement or coalition, their candidate or independent
the candidate. Who is a candidate for the political party, coalition or political movement,
independent candidate shall be required to indicate their name or abbreviation, in
the case of an independent candidate, your first and last name, used by them
the resources of the election campaign. Registered third parties are obliged to follow them
the used resources of the election campaign to mark the name, abbreviation or name
first and last name and registration number of the registered third parties allocated
By the authority. ".
Paragraphs 6 to 11 shall become paragraph 7 to 12.
4. In section 4, paragraph 9, including footnote # 5 h shall be deleted.
Paragraphs 10 to 12, shall become paragraphs 9 to 11.
5. in article 16, paragraph 10, including footnote No. 5i repealed.
The present paragraph 11, renumbered 10.
6. in article 16, the following new section 16a to 16i, which including the following titles:
"§ 16a
Voter account
(1) any candidate, political party, political movement, coalition or
independent candidate shall be required for the financing of the election campaign
not later than 5 days from the date of the announcement of elections to establish an account for the
free and continuous access of third parties to display the overview
payment transactions on this account (hereinafter referred to as "electoral account").
(2) the electoral account must be with a Bank, savings and credit
cooperatives or at a foreign bank that has a branch unit on the territory of
Of the Czech Republic.
(3) funds stored on the electoral account may be used only on the
the financing of the election campaign. Cash withdrawal from the account of the election and its
subsequent use on the financing of the election campaign shall be recorded in the
accounting.
(4) with the funds on the account by unused electoral constituency
the campaign shall not be treated for as long as you are conducting a procedure for administrative
offence relating to infringement of the rules of the financing of the election campaign,
but at least for a period of 180 days from the date of the publication of the overall result
elections; This prohibition shall not apply to the reimbursement of election campaign
pursuant to section 16 c.
(5) The payment of the fine imposed for the administrative offence relating to violation of
the rules of the financing of the election campaign funds can be used to
the electoral account unused on the election campaign.
(6) within 60 days after the expiry of the period referred to in paragraph 4, all cash
resources on unused on account of election campaign are converted in
the case of the
and) political party or political movement on behalf of a political party
or political movement led by under the law governing the pooling
political parties and political movements; in the case of the Coalition is
a decisive agreement on the share of the members of the Coalition, to be converted from
the electoral coalition of the account on behalf of political parties or political movements
represented in the Coalition; If no such agreement is concluded, shall
the funds of the electoral account equally,
(b) an independent candidate) social, health, sport, green,
cultural or otherwise publicly beneficial purpose, to the extent and in the manner
to be determined by an independent candidate.
(7) the electoral account can be canceled only after a in accordance with paragraph 5
or 6 transferred all funds unused on the election
the campaign.
section 16b
The financing of the election campaign
(1) the financing of the election campaign includes all expenditure on elections
the campaign. To pay such expenses you can only use the funds
stored on the election account.
(2) on the financing of the election campaign candidate leads a political party,
political movement, coalition or independent candidate accounts according to
the law governing accounting.
(3) details of the funds on the account are recorded with the electoral
the name, surname, date of birth and the municipality in which the natural person
These resources provide, permanent resident, or, in the case of legal
person, under its trade name or of the name, registered office and
the identification number of the person it has been allocated.
(4) information about other transactions amounted in money shall be registered with the
giving an overview of the origin of these transactions, including the indication of the name,
full name, date of birth, and the community in which a natural person who has this
the performance provided, permanent resident, or, in the case of a legal person, with
an indication of its trade name or of the name, registered office and identification number
the person has been allocated.
section 16 c
The electoral campaign expenses
(1) the electoral campaign expenses means the sum of all cash
resources or other transactions amounted in monetary terms, that
candidate political party, political movement, Coalition, or independent
the candidate will spend to cover the costs of the election campaign.
(2) the expenditure on the election campaign shall not exceed the
and) for elections to the Chamber of Deputies the amount of 90 000 000 CZK including taxes
value added tax,
(b)) for the elections to the Senate an amount of 2 000 000 CZK including VAT.
the values for each candidate, when taking part in only the first round of the elections,
or the amount of 2 500 000 CZK including value added tax, if the
the candidate of the first and the second round of the elections.
(3) the amount referred to in paragraph 2 shall be set off against the sums which the
candidate political party, a political movement or a coalition, their
candidate or independent candidate paid or to be reimbursed, including
amounts paid with their knowledge or undertook to pay the
the third person. Bottling, which is part of the election campaign,
provided free of charge or at a price lower than usual, is counted in the
This amount of its usual price under the law governing the valuation of
owned by the State.
(4) not later than 3 days before the date of the election must be known to all persons
that in favor of a candidate of a political party or political movement
the Coalition, their candidate or an independent candidate, have paid or
undertook to pay the expenses of the election campaign, to provide a monetary gift or
performance in return. These persons shall be published on the Internet
website of the candidate of a political party, political movement, coalition or
an independent candidate, the information set out in section 16b, para. 3.
§ 16 d
The publication of information on the financing of the election campaign
(1) the Candidate political party, political movement, coalition or
independent candidate shall ensure that access to the account was for a period of electoral
the duration of this account as defined in § 16a published in a manner allowing
remote access to their website. Candidate
political party, political movement, a coalition or an independent candidate are
required to notify the Office address of its website, where it will be
published information on the financing of the election campaign, and the establishment of a
the electoral account and website address on which the account is
accessible; the Coalition Authority shall notify its composition.
(2) the Candidate political party, political movement, coalition or
independent candidate within 90 days of the date of publication of the overall election results
publish the manner allowing remote access to their Internet
site report on the financing of the election campaign.
(3) the report referred to in paragraph 2 includes
and non-performance of the overview provided) candidate for political
party, political movement, coalition or independent candidate
the electoral campaign, indicating the normal prices, unless it is a cash donation, and
data on donors and providers to the extent provided in section 16b, para. 3,
as well as the level of expenditure on election campaign financed by the candidates themselves,
(b) a breakdown of the costs of the election) campaign, stating the purpose for which they were
used; If it is provided at a price lower than usual, the
provider identification data to the extent provided in section 16b, para. 3,
(c) an overview of the financial debts) to which the candidate policy
the party, a political movement, a coalition or an independent candidate in the context of
with the financing of the election campaign, with an indication of the performance, which was
candidate to a political party, political movement, coalition or
independent candidates provided to the lender or the provision of the
the lender has committed; If it is provided at a price lower than usual,
the creditor's identification data shall be provided to the extent provided in section 16b
paragraph. 3.
(4) a report referred to in paragraph 2 shall be published by candidate, political party
political movement, Coalition and independent candidate on a form, a model of
the authority shall lay down by Decree.
(5) the Candidate political party, political movement, Coalition and independent
the candidate within 90 days of the date of publication of the overall election results be sent
All books and accounts of the Authority relating to the election campaign and report on
the financing of the election campaign, signed by the person authorized to act on behalf of the
who is a candidate of a political party or political movement, or, in the case of
the Coalition, signed by persons authorized to act on behalf of all political
the parties and political movements represented in the Coalition, or independent
candidate.
(6) an independent candidate within 15 days from the day when the funds have been
the electoral account unused on the electoral campaign converted to publicly
beneficial purpose under section 16a, paragraph 2. 6 (a). (b)), it shall publish in the manner
allowing remote access to their website and at the same time
It shall send the Office a signed note indicating to whom, to what extent and on
What beneficial purpose, the funds were transferred.
§ 16e
Election campaign led by a registered third party
(1) a registered third party for the purposes of this Act, a natural person or
a legal entity that is registered in a special registry managed
By the authority.
(2) a registered third party for the purposes of this Act cannot be
and) State and its contributory organization
b) village, city, district and County,
c) voluntary villages,
(d) the State Enterprise) and legal persons with the participation of the State or
the State enterprise, as well as the person, on whose management and control are involved in
State, even as the person controlling; This does not apply if the property does not exceed
participation of the State or a State Enterprise 10%,
e) a legal person with the participation of the County, municipalities, districts, or
Borough, as well as the person, on whose management and control are involved in
County, municipality, city, or district, and even as a person
controlling; This does not apply if the participation does not exceed 10%,
f) charitable, political, the Institute and the Institute,
g) Trust Fund,
h) other legal person, if so provided by another law,
I) foreign legal person
j) means a natural person who is not a citizen of the United States; It
does not apply in the case of a person who has the right to vote in the territory of the United
Republic to the European Parliament, the
to) a natural or legal person on its behalf and on its
the responsibility of ensuring the content, publication and dissemination to the public of the recurring
printing,
l) the operator of a radio and television broadcasting.
(3) an application for registration of the third party must contain the name, surname,
citizenship, permanent residence and address, social security number, or, if no
allocated, date of birth, in the case of a natural person, the name or
business name, legal form, registered office and identification number of the person
If it was allocated, in the case of a legal person.
(4) the Office shall, on the basis of a complete application, a third party, without delay, shall allocate to third
person registration number and shall register and publish data on the
register on their website. Registration of a person referred to in
paragraph 2, the authority rejects the decision. against this decision may be
submit a decomposition or examined in the review. Registered
the third party may initiate the participation in the election campaign at the earliest on
following the date of registration.
(5) Publication of registration data in accordance with paragraph 4 contains details of the
the application with the exception of social security number, and registration number of the third party, and
the date of registration.
(6) a registered third party is required to take for the funding of electoral
the campaign to establish the electoral Bill and notify the Office address of their Internet
the site, where they will be exposed to information about the funding of electoral
the campaign, and the establishment of the electoral account and website address, the
where is the election accounts available.
(7) the financing of electoral campaigns, a registered third party includes
all of its spending on the election campaign. Expenditure registered third parties
the election campaign shall mean cash and other valuable
in the money spent on the election campaign. To pay such expenses
You can only use the money saved on account of election
registered third parties. On the election of the third party's registered account
You can insert only the funds transfer from another bank
account. A registered third party proves to the Office to his call, who is
the owner of a bank account from which the funds were on the election
transferred account.
(8) the expenses of registered third parties in the electoral campaign shall not exceed the
and) for elections to the Chamber of Deputies the amount of 1 800 000 € including tax
value added tax,
(b)) for the elections to the Senate an amount of $40,000 including value added tax
for each constituency, where only the first round of the election, or the amount of the
$50,000, including value added tax for each constituency, if
the first and second round of elections.
(9) the amount referred to in paragraph 8 shall be set off against the sums which the
a registered third party has paid or has to pay, including sums
It has paid or has pledged to pay the other person. Bottling,
that is part of the election campaign, provided free of charge or at a price
lower than usual, this amount is counted in its usual price referred to in
the law governing the valuation of property to the State.
(10) on the use of funds for the election campaign's registered by a third party
must keep a register that contains the
and expenditure on polls),
(b) the payment of advertising expenditure) in the press,
(c) the payment of expenses) of outdoor advertising,
(d)) other expenses.
(11) a registered third party is required to retain from your listings
the electoral and registration of the account referred to in paragraph 10 for 5 years and submit
These statements and the register at the request of the Office.
(12) a registered third party shall within 10 days after the end of the election
campaign publish an overview of the expenditure referred to in paragraph 10 on their
website. An overview of the expenses must be published continuously
for at least 3 months.
section 16f
Supervision of the financing of the election campaign
(1) the authority shall
and) exercises supervision over financing the election campaign of the candidate
political parties, political movements, coalitions, independent candidates and
registered third parties
(b)) will publish on its website the address of the Internet
pages which are candidates of political parties, political movements, alliances and
independent candidates, where they are exposed to information about funding
the election campaign, and the accounts relating to the election campaign of the candidate
political parties, political movements, coalitions and independent candidates, and
website address of registered third parties, where they are
published information on the financing of the election campaign and which is
accessible election account registered by third parties,
(c) the registration of third parties) that they intend to participate in the election
the campaign decides on refusal of registration of a third party and exposes the
registration data on its website,
d) hears infractions and administrative delicts of legal and doing business
individuals and imposes sanctions.
(2) the authority for the purposes of checks on the financing of the election campaign of
basic population register these reference data:
and) name, surname,
(b)) date of birth,
(c) the address of the place of stay)
(d)) country of citizenship or more of State citizenship.
(3) for the purposes of checks on the financing of the election campaign uses of
the information system of the population register of the following particulars:
and) name, surname, maiden name,
(b)) date of birth,
(c) the address of the place of residence), including previous address space
permanent residence,
(d)) country of citizenship or more of State citizenship.
(4) the authority for the purposes of checks on the financing of the election campaign uses of
information system for foreigners the following information:
and) name, surname, including previous surname, maiden name,
(b)) date of birth,
(c)) the type and address of the place of residence on the territory of the Czech Republic,
(d) the beginning of the stay, if applicable) date of the termination of the stay,
e) nationality.
(5) the authority for the purposes of checks on the financing of the election campaign of
the basic registry people these reference data:
and the business name or name) of a legal person,
(b) the address of the registered office),
c) statutory authority
(d) the identification number of the person)
e) date of occurrence,
f) sunset date,
g) legal status.
(6) the information specified in paragraphs 2 through 5 can be used in a particular case always
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 the population register or an information
of foreigners only if they are in the shape of the preceding the current
status.
§ 16 g
Misdemeanors
(1) a natural person has committed the offence by
and) contrary to section 16 para. 2 participating in election campaigns without prior
registration in a special registry office,
b) contrary to section 16 para. 4 is recovered or will allow the use of communication
the media of the region or municipality or the legal person, who is controlled by region
or municipalities, the election campaign,
c) contrary to section 16 para. 6 does not ensure that promotion or election
agitation spread through the communication media or using
large equipment or communication to the detriment of any of the
who is a candidate of a political party, political movement or coalition, their
candidate or independent candidate contain information about the sponsor
and processors
d) contrary to section 16 para. 6 does not mark means the election campaign on behalf of the
first and last name and registration number of the registered third parties
e) contrary to section 16 para. 7 publish the results of election and election
surveys at the time of starting the third day prior to the date of the elections to Parliament
The United States and ending with the termination of the voting,
f) contrary to Section 16e para. 6 has not established the election's account or does not
the election under section 16e account of paragraph 1. 6 or fails to notify the Office of the under
§ 16e para. 6,
g) inserts on the electoral funds account in violation of § 16e para. 7
or in violation of § 16e para. 7 to demonstrate who is the owner of the Bank
the account from which the funds were transferred to the electoral Bill,
h) contrary to Section 16e para. 8 does not ensure that its spending on election
the campaign for elections to the Chamber of deputies or the Senate
do not exceed a set amount,
I) does not register on the use of funds for the election campaign according to § 16e
paragraph. 10 or it runs contrary to Section 16e para. 10,
(j)) do not submit statements of account and registration of electoral resource use
the election campaign according to § 16e para. 11, or
to disclose the spending report) election campaign under section 16e para. 12.
(2) an independent candidate is guilty of an offence by
and) contrary to section 16 para. 6 does not mark his first and last name by
the used resources of the election campaign,
b) contrary to section 16a para. 1 has not established the election's account or does not
the election under section 16a paragraph account. 2,
(c)) used the funds stored on the electoral account contrary to section 16a
paragraph. 3,
d) contrary to section 16a para. 4 handles funds on the election
unused account on the election campaign for as long as you are conducting a procedure for
the administrative tort relating to infringement of the rules of the election financing
campaigns, or for a period of 180 days from the date of publication of the total results
options,
(e)) does not convert the funds on the account unused on the electoral constituency
the campaign under section 16a, paragraph 2. 6,
f) cancels the election account contrary to section 16a para. 7,
g) contrary to section 16b, para. 2 does not keep accounts on the financing of the election
the campaign,
(h)) does not details of the funds on the account of election under section 16b
paragraph. 3,
I) does not information about other transactions amounted in monetary terms under section 16b
paragraph. 4,
j) contrary to section 16 c para. 2 (a). (b)) does not ensure that expenditure on the election
the campaign for elections to the Senate does not exceed the set amount,
k) contrary to section 16 c para. 4 not to disclose the required information on the persons
that pay, or have undertaken to pay the expenses of the electoral campaign, or
provide a fine gift or without remuneration, of performance, or
l) fails to comply with any of the requirements under section 16 d related to publication
information on the financing of the election campaign, the content of the report on the financing of the
the election campaign, by sending the documents dealing with the Accounting Office or about converting
funds from the account of the election.
(3) to discuss the offence referred to in
and paragraph 1 (a)). a) to (d)), and (f))) and paragraph 2, the competent authority;
against decisions of the Office may not be decompiled or examined in the
examination procedure,
(b) paragraph 1 (a)). (e)) is the Regional Office of the place of residence
a natural person; the fine is the income budget of the region, which it has stored.
(4) a fine may be imposed for the offense of
and $10,000 to) 100 000 CZK in the case of the offence referred to in paragraph 1, or
paragraph 2 (a). and) or l),
b) CZK 20,000 to Czk 300 000, in the case of a misdemeanour provided for in paragraph 2 (a).
(h)), i) or k),
c) 30 000 to 500 000 CZK in the case of the offence referred to in paragraph 2 (a).
b), c), (d)), e), (f)) or g),
(d)) $10,000 to a maximum of one and a half times the amount exceeded
the campaign spending limit, if the offence referred to in paragraph 2
(a). (j)).
§ 16 h
Administrative offences of legal entities and natural persons-entrepreneurs
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by
and) contrary to section 16 para. 2 participating in election campaigns without prior
registration in a special registry office,
b) contrary to section 16 para. 4 is recovered or will allow the use of communication
the media of the region or municipality or the legal person, who is controlled by region
or municipalities, the election campaign,
c) contrary to section 16 para. 6 does not ensure that promotion or election
agitation spread through the communication media or using
large equipment or communication to the detriment of any of the
who is a candidate of a political party, political movement or coalition, their
candidate or independent candidate contain information about the sponsor
and processors
d) contrary to section 16 para. 6 does not mark the campaign name, resources
the abbreviation or name and last name and registration number of the registered third
of the person,
e) contrary to section 16 para. 7 publish the results of election and election
surveys at the time of starting the third day prior to the date of the elections to Parliament
The United States and ending with the termination of the voting,
f) contrary to Section 16e para. 6 has not established the election's account or does not
the election under section 16e account of paragraph 1. 6 or fails to notify the Office of the under
§ 16e para. 6,
g) inserts on the electoral funds account in violation of § 16e para. 7
or in violation of § 16e para. 7 to demonstrate who is the owner of the Bank
the account from which the funds were transferred to the electoral Bill,
h) contrary to Section 16e para. 8 does not ensure that its spending on election
the campaign for elections to the Chamber of deputies or the Senate
do not exceed a set amount,
I) does not register on the use of funds for the election campaign according to § 16e
paragraph. 10 or it runs contrary to Section 16e para. 10,
(j)) do not submit statements of account and registration of electoral resource use
the election campaign according to § 16e para. 11, or
to disclose the spending report) election campaign under section 16e para. 12.
(2) the Candidate political party and political movement, or political
party and political movement represented in the Coalition, is guilty of an administrative
tort by
and) contrary to section 16 para. 6 does not mark its name or acronym by them
the used resources of the election campaign,
b) contrary to section 16a para. 1 has not established the election's account or does not
the election under section 16a paragraph account. 2,
(c)) used the funds stored on the electoral account contrary to section 16a
paragraph. 3,
d) contrary to section 16a para. 4 handles funds on the election
unused account on the election campaign for as long as you are conducting a procedure for
the administrative tort relating to infringement of the rules of the election financing
campaigns, or for a period of 180 days from the date of publication of the total results
options,
(e)) does not convert the funds on the account unused on the electoral constituency
the campaign under section 16a, paragraph 2. 6,
f) cancels the election account contrary to section 16a para. 7,
g) contrary to section 16b, para. 2 does not keep accounts on the financing of the election
the campaign,
(h)) does not details of the funds on the account of election under section 16b
paragraph. 3,
I) does not information about other transactions amounted in monetary terms under section 16b
paragraph. 4,
j) contrary to section 16 c para. 2 does not ensure that expenditure on the election campaign
for elections to the Chamber of deputies or the Senate does not exceed the
a set amount,
k) contrary to section 16 c para. 4 not to disclose the required information on the persons
that pay, or have undertaken to pay the expenses of the electoral campaign, or
provide a fine gift or without remuneration, of performance, or
l) fails to comply with any of the requirements under section 16 d related to publication
information on the financing of the election campaign, the content of the report on the financing of the
the election campaign or by sending the documents to the Accounting Office.
(3) administrative offences referred to in paragraph 1 (b). a) to (d)), and (f)) to)
paragraph 2 dealt with the Office. Against decisions of the Office may not be decompiled
or examined in the review.
(4) administrative offences referred to in paragraph 1 (b). e) discusses regional office in
by the locally competent according to the seat of the legal person.
The fine is the income budget of the region, which it has stored.
(5) an administrative offense shall be fined from
and $10,000 to) 100 000 CZK in the case of an administrative offence referred to in paragraph 1
or paragraph 2 (b). and) or l),
b) CZK 20,000 to Czk 300 000, in the case of an administrative offence referred to in paragraph 2
(a). (h)), i) or k),
c) 30 000 to 500 000 CZK in the case of an administrative offence referred to in paragraph 2
(a). b), c), (d)), e), (f)) or g),
(d)) $10,000 to a maximum of one and a half times the amount exceeded
the campaign spending limit, in the case of an administrative offence under paragraph
2 (a). (j)).
§ 16i
Provisions common to administrative offences
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences, and
the circumstances under which it was committed, and the impact of the fine imposed on the
the possibility of further existence of a candidate of a political party or political
movement.
(3) the liability of physical, legal or entrepreneurial natural person
an administrative offense shall cease, if the administrative authority has commenced proceedings to him
3 months from the date on which it learned, but not later than within 3 years from the
the day when it was committed.
(4) The liability for the acts, which took place in the business
person or in direct connection with it shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
(5) the imposition of the fine is without prejudice to the penalty provisions of the Act
governing the operation of radio and television broadcasting. The fine is
due within 30 days of the effective date of the decision, which was
is stored.
(6) income from fines is the State budget revenue. The owner of the forfeited
things becomes the State. ".
7. In paragraph 31, at the end of the text of paragraph 3, the words "and shall send the Office
list of political parties, political movements and coalitions, which have
candidates ".
8. in § 31 para. 4 the amount "$" is replaced by "EUR".
9. In § 55 para. 1 the words "§ 16 para. 1 "shall be replaced by the words" § 16 para.
4 "and the words" § 16 para. 4 "shall be replaced by the words" § 16 para. 8. "
10. in section 60 at the end of the text of paragraph 4, the words "and shall send the Office
list of political parties, political movements, alliances and independent
candidates who have submitted an application to register ".
11. In § 87 para. 3-5, the words "may affect" is replaced by "grossly
influenced by ".
12. In § 97 para. 2 the words "the procedure according to § 16 para. 5 and 7 ' shall be replaced by
the words "proceedings for offences and administrative offences of legal and
entrepreneurial natural persons and refusing registration of a third party
The Office ".
Article II
Transitional provisions
1. the rules of the election campaign and its funding under section 16 to 16i
Act No. 247/1995 Coll., in the version in force from the date of entry into force of
This Act shall apply for the first time in elections to the Chamber of deputies or
in the elections to the Senate, proclaimed after the entry into force of this Act.
2. the regional office will send to the Office for the supervision of political funding
party and political movement, list of political parties, political movements and
coalitions, candidates that applied, pursuant to § 31 para. 3 of Act No.
247/1995 Coll., in the version in force from the date of entry into force of this Act,
for the first time in elections to the Chamber of Deputies proclaimed after the acquisition of the
the effectiveness of this Act.
3. the competent municipal office in the headquarters of the constituency shall send the Office for supervision
over the financing of political parties and political movements list
political parties, political movements, coalitions and independent candidates,
who submitted the application for registration, under section 60(1). 4 of law No.
247/1995 Coll., in the version in force from the date of entry into force of this Act,
for the first time in elections to the Senate, proclaimed after the entry into force of this
the law.
4. the provisions of section 87 of the Act No. 247/1995 Coll., in the version in force from the date of
entry into force of this Act, shall apply for the first time in elections to the
The Chamber of deputies or the Senate in the elections, announced after the acquisition of the
the effectiveness of this Act.
PART TWO
Amendment of the Act on the elections to the regional councils
Article. (III)
Act No. 130/2000 Coll., on elections to the regional councils and amending
certain acts, as amended by Act No. 273/2001 Coll., Act No. 37/2002
Coll., Act No. 229/2002 Coll., Act No. 320/2009 Coll., Act No. 222/2012
Coll., Act No. 58/2014 Coll. and Act No 114/2016 Coll., is amended as follows:
1. in section 20, at the end of the text of paragraph 3, the words "and shall send the Office
for the supervision of the activity of the political parties and political movements (hereafter
"the authority") set up under the law governing the pooling
political parties and political movements, list of political parties,
political movements and coalitions, which have candidates ".
2. In § 53 para. 2 to 4, the words "may affect" is replaced by "grossly
influenced by ".
3. under the first head VIII following title IX, including
Title:
"TITLE IX
ELECTION CAMPAIGN
section 56a
Election campaign
(1) the election campaign shall mean any advertising of a political candidate
party political movement or coalition or their candidate or
electioneering in favour of a candidate, political parties, political
movement or coalition or their candidate, especially a public notice
designed to support them, or used in their favour, including
any accompanying events, for which they provide or usually provides
remuneration. For the election campaign and the communication to the detriment of other
who is a candidate of a political party, political movement or coalition or
their candidate.
(2) a natural or legal person who proposes to participate in the election
the campaign without a candidate of a political party or political movement
Coalition or their candidate is required before entering the election
a campaign to register as a registered third party at the Office.
(3) the election campaign under this Act begins on the date of publication of the elections to the
the regional councils and ending on the date of publication of election results in total
the regional councils.
(4) the electoral campaign must be conducted honestly and fairly, in particular on the
candidates and political parties, candidate of political movements
or coalitions published false information.
(5) promotion or electioneering peddled through communication
media must contain information about their sponsor and processors; It
applies mutatis mutandis to the use of large-size equipment and communications
against any candidate, political party, political movement
or the coalition or their nominee. Who is a candidate of a political party,
political movements or coalitions are required to indicate their name or
the acronym used by means of the election campaign. Registered third
persons are required to be used by means of the election campaign to mark the
name, initials, or first and last name and registration number
registered third parties assigned by the authority.
(6) for the electoral campaign, the Mayor may reserve the area for posting
election posters, 16 days before the election. The possibility of its
the use of the principle of equality must match those of the political
Parties, political movements or coalitions. The campaign cannot be used
communication media of the region or of a municipality or of a legal person, that is
controlled by the region or municipality.
(7) at the time of starting the third day before polling day and ending with the termination
voting should not be published in any way results
campaign and election surveys.
(8) in the object in which a polling station is located, and in his
the immediate surroundings in the days in which these objects is
the vote, disabled electioneering for the candidate of a political party,
political movements or coalitions and their candidates.
section 56b
Voter account
(1) any candidate, political party or political movement Coalition
are required to take for the financing of the election campaign, not later than 5 days from the
the date of elections to establish an account for free and continuous
third party access to display an overview of payment transactions in
This account (hereinafter referred to as "electoral account").
(2) the electoral account must be with a Bank, savings and credit
cooperatives or at a foreign bank that has a branch unit on the territory of
Of the Czech Republic.
(3) funds stored on the electoral account may be used only on the
the financing of the election campaign. Cash withdrawal from the account of the election and its
subsequent use on the financing of the election campaign shall be recorded in the
accounting.
(4) with the funds on the account by unused electoral constituency
the campaign shall not be treated for as long as you are conducting a procedure for administrative
offence relating to infringement of the rules of the financing of the election campaign,
but at least for a period of 180 days from the date of the publication of the overall result
elections; This prohibition shall not apply to the reimbursement of election campaign
pursuant to section 56 d.
(5) The payment of the fine imposed for the administrative offence relating to violation of
the rules of the financing of the election campaign funds can be used to
the electoral account unused on the election campaign.
(6) within 60 days after the expiry of the period referred to in paragraph 4, all cash
resources on unused on account of election campaign are converted to
account of a political party or political movement led by the law
governing the Association in political parties and political movements. In
If a coalition agreement is crucial members of the Coalition about the share that has
be transferred from the account to the account of the electoral coalition of political parties or
political movements represented in the Coalition; If no such agreement
closed funds are converted from the electoral account equally.
(7) the electoral account can be canceled only after a in accordance with paragraph 5
or 6 transferred all funds unused on the election
the campaign.
section 56 c
The financing of the election campaign
(1) the financing of the election campaign includes all expenditure on elections
the campaign. To pay such expenses you can only use the funds
stored on the election account.
(2) on the financing of the election campaign candidate leads a political party,
political movement or coalition of accounting under the law governing
accounting.
(3) details of the funds on the account are recorded with the electoral
the name, surname, date of birth and the municipality in which the natural person
These resources provide, permanent resident, or, in the case of legal
person, under its trade name or of the name, registered office and
the identification number of the person it has been allocated.
(4) information about other transactions amounted in money shall be registered with the
giving an overview of the origin of these transactions, including the indication of the name,
full name, date of birth, and the community in which a natural person who has this
the performance provided, permanent resident, or, in the case of a legal person, with
an indication of its trade name or of the name, registered office and identification number
the person has been allocated.
section 56 d
The electoral campaign expenses
(1) the electoral campaign expenses means the sum of all cash
resources or other transactions amounted in monetary terms, that
candidate political party, a political movement or a coalition for the
reimbursement of the costs of the election campaign.
(2) total expenditure of a political party, political movement or coalition on
the election campaign shall not exceed the amount that corresponds to a multiple of 7 000
EUR incl. value added tax and the number of counties in which
registered her candidature for the elections to the Councils
counties. This amount includes amounts that candidate
political party, political movement, coalition or their candidate
paid or to be reimbursed, including sums with their knowledge
paid or pledged to reimburse third parties. Bottling,
that is part of the election campaign, provided free of charge or at a price
lower than usual, this amount is counted in its usual price referred to in
the law governing the valuation of property to the State.
(3) no later than 3 days before the date of the election must be known to all persons
that in favor of a candidate of a political party, political movement,
Coalition or their candidate, have or are committed to pay the expenses
the election campaign, provided the endowment or royalty-free implementation. About
These persons shall be published on the website of the candidate
political party, political movement or coalition information provided for in §
applied to the paragraph. 3.
section 56e
The publication of information on the financing of the election campaign
(1) the Candidate political party, political movement or coalition shall ensure
to access the electoral account was for the duration of this account as defined in
section 56b published manner allowing remote access to their
website. Candidate political party, political movement
or coalition are to notify the Office address of their Internet
the site, where they will be exposed to information about the funding of electoral
the campaign, and the establishment of the electoral account and website address, the
that the account is accessible; the Coalition Authority shall notify its composition.
(2) a Candidate, political party or coalition of political movements within 90
days from the date of the publication of the overall election results shall be published in the manner
allowing remote access on its website a report on the
the financing of the election campaign.
(3) the report referred to in paragraph 2 includes
and non-performance of the overview provided) candidate for political
party political movement or coalition in the election campaign, indicating the
the usual price, unless it is a fine gift and details of donors and
providers within the range specified in § 56 c of paragraph 1. 3, as well as the amount of
election campaign expenditure paid by the candidates themselves,
(b) a breakdown of the costs of the election) campaign, stating the purpose for which they were
used; If it is provided at a price lower than usual, the
provider identification data to the extent provided in section 56 c of paragraph 1. 3,
(c) an overview of the financial debts) to which the candidate policy
the party, a political movement or coalition in connection with the financing
the election campaign pledged to, with an indication of the performance that was candidate
political party, political movement or coalition of the lender provided
or to the grant of the lender has committed; If it is provided for
the price is lower than usual, the identification data of the creditor in
extent provided in § 56 c of paragraph 1. 3.
(4) a report referred to in paragraph 2 shall be published by candidate, political party
political movement and the Coalition on a form, a model of the Office
by Decree.
(5) the Candidate a political party, a political movement and a coalition of up to 90 days
from the date of the publication of the overall election results shall all
the accounts relating to the election campaign and the report on the financing of the election
the campaign, signed by the person authorized to act on behalf of a political party
or a political movement, or, in the case of a coalition, signed by persons
authorized to act on behalf of all political parties and political movements
represented in the coalition.
section 56f
Election campaign led by a registered third party
(1) a registered third party for the purposes of this Act, a natural person or
a legal entity that is registered in a special registry managed
By the authority.
(2) a registered third party for the purposes of this Act cannot be
and) State and its contributory organization
b) village, city, district and County,
c) voluntary villages,
(d) the State Enterprise) and legal persons with the participation of the State or
the State enterprise, as well as the person, on whose management and control are involved in
State, even as the person controlling; This does not apply if the property does not exceed
participation of the State or a State Enterprise 10%,
e) a legal person with the participation of the County, municipalities, districts, or
Borough, as well as the person, on whose management and control are involved in
County, municipality, city, or district, and even as a person
controlling; This does not apply if the participation does not exceed 10%,
f) charitable, political, the Institute and the Institute,
g) Trust Fund,
h) other legal person, if so provided by another law,
I) foreign legal person
j) means a natural person who is not a citizen of the United States; It
does not apply in the case of a person who has the right to vote in the territory of the United
Republic to the European Parliament, the
to) a natural or legal person on its behalf and on its
the responsibility of ensuring the content, publication and dissemination to the public of the recurring
printing,
l) the operator of a radio and television broadcasting.
(3) an application for registration of the third party must contain the name, surname,
citizenship, permanent residence and address, social security number, or, if no
allocated, date of birth, in the case of a natural person, the name or
business name, legal form, registered office and identification number of the person
If it was allocated, in the case of a legal person.
(4) the Office shall, on the basis of a complete application, a third party, without delay, shall allocate to third
person registration number and shall register and publish data on the
register on their website. Registration of a person referred to in
paragraph 2, the authority rejects the decision. against this decision may be
submit a decomposition or examined in the review. Registered
the third party may initiate the participation in the election campaign at the earliest on
following the date of registration.
(5) Publication of registration data in accordance with paragraph 4 contains details of the
the application with the exception of social security number, and registration number of the third party, and
the date of registration.
(6) a registered third party is required to take for the funding of electoral
the campaign to establish the electoral Bill and notify the Office address of their Internet
the site, where they will be exposed to information about the funding of electoral
the campaign, and the establishment of the electoral account and website address, the
where is the election accounts available.
(7) the financing of electoral campaigns, a registered third party includes
all of its spending on the election campaign. Expenditure registered third parties
the election campaign shall mean cash and other valuable
in the money spent on the election campaign. To pay such expenses
You can only use the money saved on account of election
registered third parties. On the election of the third party's registered account
You can insert only the funds transfer from another bank
account. A registered third party proves to the Office to his call, who is
the owner of a bank account from which the funds were on the election
transferred account.
(8) the expenses of registered third parties in the electoral campaign shall not exceed the
times the amount 140 000 € including value added tax and the number of counties,
in which a registered third party leads election campaign.
(9) the amount referred to in paragraph 8 shall be set off against the sums which the
a registered third party has paid or has to pay, including sums
It has paid or has pledged to pay the other person. Bottling,
that is part of the election campaign, provided free of charge or at a price
lower than usual, this amount is counted in its usual price referred to in
the law governing the valuation of property to the State.
(10) on the use of funds for the election campaign's registered by a third party
must keep a register that contains the
and expenditure on polls),
(b) the payment of advertising expenditure) in the press,
(c) the payment of expenses) of outdoor advertising,
(d)) other expenses.
(11) a registered third party is required to retain from your listings
the electoral and registration of the account referred to in paragraph 10 for 5 years and submit
These statements and the register at the request of the Office.
(12) a registered third party shall within 10 days after the end of the election
campaign publish an overview of the expenditure referred to in paragraph 10 on their
website. An overview of the expenses must be published continuously
for at least 3 months.
section 56 g
Supervision of the financing of the election campaign
(1) the authority shall
and) exercises supervision over financing the election campaign of the candidate
political parties, political movements, alliances and registered third-
people,
(b)) will publish on its website the address of the Internet
pages which are candidates of political parties, political movements and coalitions,
where are the published information on the financing of the election campaign, and
the accounts relating to the election campaign of the candidate of the political parties,
political movements and coalitions, and the address of the website
registered third parties, where they are exposed to information about the
the financing of the election campaign and which is accessible to the electoral account
registered third parties
(c) the registration of third parties) that they intend to participate in the election
the campaign decides on refusal of registration of a third party and exposes the
registration data on its website,
d) hears infractions and administrative delicts of legal and doing business
individuals and imposes sanctions.
(2) the authority for the purposes of checks on the financing of the election campaign of
basic population register these reference data:
and) name, surname,
(b)) date of birth,
(c) the address of the place of stay)
(d)) country of citizenship or more of State citizenship.
(3) for the purposes of checks on the financing of the election campaign uses of
the information system of the population register of the following particulars:
and) name, surname, maiden name,
(b)) date of birth,
(c) the address of the place of residence), including previous address space
permanent residence,
(d)) country of citizenship or more of State citizenship.
(4) the authority for the purposes of checks on the financing of the election campaign uses of
information system for foreigners the following information:
and) name, surname, including previous surname, maiden name,
(b)) date of birth,
(c)) the type and address of the place of residence on the territory of the Czech Republic,
(d) the beginning of the stay, if applicable) date of the termination of the stay,
e) nationality.
(5) the authority for the purposes of checks on the financing of the election campaign of
the basic registry people these reference data:
and the business name or name) of a legal person,
(b) the address of the registered office),
c) statutory authority
(d) the identification number of the person)
e) date of occurrence,
f) sunset date,
g) legal status.
(6) the information specified in paragraphs 2 through 5 can be used in a particular case always
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 the population register or an information
of foreigners only if they are in the shape of the preceding the current
status. ".
The current title IX and X are known as title X and XI.
4. sections 57 and 58, including the following titles:
"§ 57
Misdemeanors
(1) a natural person has committed the offence by
and) contrary to section 56a para. 2 participating in election campaigns without prior
registration in a special registry office,
b) contrary to section 56a para. 5 does the promotion or the election
agitation spread through the communication media or using
large equipment or communication to the detriment of any of the
who is a candidate of a political party, political movement, coalition or their
the candidate contained the information about the sponsor and the processor,
c) contrary to section 56a para. 5 does not mark means the election campaign on behalf of the
first and last name and registration number of the registered third parties
d) contrary to section 56a para. 6 will use or allow the use of communication
the media of the region or municipality or the legal person, who is controlled by region
or municipalities, the election campaign,
e) contrary to section 56a para. 7 publish the results of presidential and
surveys at the time of the election, starting on the third day before the date of the elections to the
the regional councils and ending with the termination of the voting,
f) contrary to section 56f para. 6 has not established the election's account or does not
the election under section 56f account of paragraph 1. 6 or fails to notify the Office of the under
section 56f para. 6,
g) inserts on the electoral account funds contrary to section 56f para. 7
or contrary to section 56f para. 7 to demonstrate who is the owner of the Bank
the account from which the funds were transferred to the electoral Bill,
h) contrary to section 56f para. 8 does not ensure that its spending on election
the campaign does not exceed the set amount,
I) does not register on the use of funds for election campaign under section 56f
paragraph. 10 or it runs contrary to section 56f para. 10,
(j)) do not submit statements of account and registration of electoral resource use
the election campaign under section 56f para. 11, or
to disclose the spending report) election campaign under section 56f para. 12.
(2) to discuss the offence referred to in
and paragraph 1 (a)). a) to (d)), and (f)) to) the competent authority; against the
decisions of the Office may not be decompiled or examined in the review
management,
(b) paragraph 1 (a)). (e)) is the Regional Office of the place of residence
a natural person; the fine is the income budget of the region, which it has stored.
(3) for the offense can impose a fine of $10 000 to 100 000 CZK.
§ 58
Administrative offences of legal entities and natural persons-entrepreneurs
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by
and) contrary to section 56a para. 2 participating in election campaigns without prior
registration in a special registry office,
b) contrary to section 56a para. 5 does the promotion or the election
agitation spread through the communication media or using
large equipment or communication to the detriment of any of the
who is a candidate of a political party, political movement, coalition or their
the candidate contained the information about the sponsor and the processor,
c) contrary to section 56a para. 5 does not mark the election campaign resources
name, initials, or first and last name and registration number
registered third parties
d) contrary to section 56a para. 6 will use or allow the use of communication
the media of the region or municipality or the legal person, who is controlled by region
or municipalities, the election campaign,
e) contrary to section 56a para. 7 publish the results of presidential and
surveys at the time of the election, starting on the third day before the date of the elections to the
the regional councils and ending with the termination of the voting,
f) contrary to section 56f para. 6 has not established the election's account or does not
the election under section 56f account of paragraph 1. 6 or fails to notify the Office of the under
section 56f para. 6,
g) inserts on the electoral account funds contrary to section 56f para. 7
or contrary to section 56f para. 7 to demonstrate who is the owner of the Bank
the account from which the funds were transferred to the electoral Bill,
h) contrary to section 56f para. 8 does not ensure that its spending on election
the campaign does not exceed the set amount,
I) does not register on the use of funds for election campaign under section 56f
paragraph. 10 or it runs contrary to section 56f para. 10,
(j)) do not submit statements of account and registration of electoral resource use
the election campaign under section 56f para. 11, or
to disclose the spending report) election campaign under section 56f para. 12.
(2) the Candidate political party and political movement, or political
party and political movement represented in the Coalition, is guilty of an administrative
tort by
and) contrary to section 56a para. 5 does not mark its name or acronym by them
the used resources of the election campaign,
b) contrary to section 56b para. 1 has not established the election's account or does not
the election under section 56b account of paragraph 1. 2,
(c)) used the funds stored on the electoral account contrary to section 56b
paragraph. 3,
d) contrary to section 56b para. 4 handles funds on the election
unused account on the election campaign for as long as you are conducting a procedure for
the administrative tort relating to infringement of the rules of the election financing
campaigns, or for a period of 180 days from the date of publication of the total results
options,
(e)) does not convert the funds on the account unused on the electoral constituency
the campaign under section 56b para. 6,
f) cancels the election account contrary to section 56b para. 7,
g) contrary to section 56 c of paragraph 1. 2 does not keep accounts on the financing of the election
the campaign,
(h)) does not details of the funds on the account of election pursuant to section 56 c
paragraph. 3,
I) does not information about other transactions amounted in cash pursuant to § 56 c
paragraph. 4,
j) contrary to section 56 d of paragraph 1. 2 does not ensure that expenditure on the election campaign
for elections to the regional councils do not exceed a set amount,
k) contrary to section 56 d of paragraph 1. 3 not to disclose the required information on the persons
that pay, or have undertaken to pay the expenses of the electoral campaign, or
provide a fine gift or without remuneration, of performance, or
l) fails to fulfil any of the obligations under section 56e related to publication
information on the financing of the election campaign, the content of the report on the financing of the
the election campaign or by sending the documents to the Accounting Office.
(3) administrative offences referred to in paragraph 1 (b). a) to (d)), and (f)) to)
paragraph 2 dealt with the Office. Against decisions of the Office may not be decompiled
or examined in the review.
(4) administrative offences referred to in paragraph 1 (b). e) discusses regional office in
by the locally competent according to the seat of the legal person.
The fine is the income budget of the region, which it has stored.
(5) an administrative offense shall be fined from
and $10,000 to) 100 000 CZK in the case of an administrative offence referred to in paragraph 1
or paragraph 2 (b). and) or l),
b) CZK 20,000 to Czk 300 000, in the case of an administrative offence referred to in paragraph 2
(a). (h)), i) or k),
c) 30 000 to 500 000 CZK in the case of an administrative offence referred to in paragraph 2
(a). b), c), (d)), e), (f)) or g),
(d)) $10,000 to a maximum of one and a half times the amount exceeded
the campaign spending limit, in the case of an administrative offence under paragraph
2 (a). j).".
Footnote No 25 and 26 shall be deleted.
5. in paragraph 58, the following new section 58a, which including the title reads as follows:
' paragraph 58a
Provisions common to administrative offences
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences, and
the circumstances under which it was committed, and the impact of the fine imposed on the
the possibility of further existence of a candidate of a political party or political
movement.
(3) the liability of physical, legal or entrepreneurial natural person
an administrative offense shall cease, if the administrative authority has commenced proceedings to him
3 months from the date on which it learned, but not later than within 3 years from the
the day when it was committed.
(4) The liability for the acts, which took place in the business
person or in direct connection with it shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
(5) the imposition of the fine is without prejudice to the penalty provisions of the Act
governing the operation of radio and television broadcasting. The fine is
due within 30 days of the effective date of the decision, which was
is stored.
(6) income from fines is the State budget revenue. The owner of the forfeited
things becomes the State. ".
6. In paragraph 65, the words "the procedure referred to in section 57 and 58" is replaced by "
offences and administrative offences of legal entities and individuals-entrepreneurs
people and the rejection of third party Registration Authority ".
Article IV
Transitional provisions
1. the regional office will send to the Office for the supervision of political funding
party and political movement, list of political parties, political movements and
coalitions, candidates that applied, pursuant to section 20 (2). 3 of Act No.
130/2000 Coll., in the version in force from the date of entry into force of this Act,
for the first time in elections to the regional councils announced after the acquisition of the
the effectiveness of this Act.
2. the rules of the election campaign and its funding under section 56a to 58a
Act No. 130/2000 Coll., in the version in force from the date of entry into force of
This Act shall apply for the first time in elections to the regional councils
announced after the entry into force of this Act.
3. the provisions of section 53 of Act No. 130/2000 Coll., in the version in force from the date of
entry into force of this Act, shall apply for the first time in elections to the
the regional councils announced after the entry into force of this Act.
PART THREE
Amendment of the Act on elections to the European Parliament
Article. In
Act No. 62/2003 Coll., on elections to the European Parliament and amending
certain acts, as amended by Act No. 320/2009 Coll., Act No. 222/2012
Coll., Act No. 58/2014 Coll. and Act No 114/2016 Coll., is amended as follows:
1. in paragraph 21 of the text at the end of paragraph 3, the words "and shall send the Office
for the supervision of the activity of the political parties and political movements (hereafter
"the authority") set up under the law governing the pooling
political parties and political movements, list of political parties,
political movements and coalitions, which have candidates ".
2. in section 21 para. 4 the amount "$" is replaced by "EUR".
3. In § 57 para. 2, the words "may affect" is replaced by "grossly
influenced by ".
4. In section 59, the following new paragraphs 1 to 3 shall be added:
"(1) the election campaign shall mean any candidate political promotion
party, the movement of the police or coalition or their candidate or
electioneering in favour of a candidate of a political party, the police
movement or coalition or their candidate, especially a public notice
designed to support them, or used in their favour, including
any accompanying events, for which they provide or usually provides
remuneration. For the election campaign and the communication to the detriment of other
who is a candidate of a political party, political movement or coalition or
their candidate.
(2) a natural or legal person who proposes to participate in the election
the campaign without a candidate of a political party or political movement
the Coalition, their candidate or an independent candidate, is required to
before entering the election campaign to register as a registered the third
the person at the Office.
(3) the election campaign under this Act begins on the date of publication of the elections to the
The European Parliament and ends on the date of publication of the overall election results
to the European Parliament. '.
Paragraphs 1 to 7 shall become paragraphs 4 to 10.
5. In paragraph 59, at the end of paragraph 4, the following sentence "to the election campaign cannot be
use the communication media of the county or municipality or of a legal person
is controlled by the region or municipality. ".
6. In article 59, paragraph 5 the following paragraph 6 is added:
"(6) the Promotion or electioneering circulated through
communication media must contain information about their sponsor and
processors; This applies mutatis mutandis for the use of large-size equipment and
communication to the detriment of any candidate of a political party,
political movement or coalition or their nominee. Candidate
political parties, political movements or coalitions are required to mark the
its name or abbreviation used by means of the election campaign.
Registered third parties are required to be used by means of the electoral
the campaign to mark the name, abbreviation or name and last name and registration
registered third parties assigned by the authority. ".
Paragraphs 6 to 10 shall be renumbered as paragraphs 7 to 11.
7. under section 59, the following new § 59a to 59f, which including the following titles:
"§ 59a
Voter account
(1) any candidate, political party or political movement Coalition
are required to take for the financing of the election campaign, not later than 5 days from the
the date of elections to establish an account for free and continuous
third party access to display an overview of payment transactions in
This account (hereinafter referred to as "electoral account").
(2) the electoral account must be with a Bank, savings and credit
cooperatives or at a foreign bank that has a branch unit on the territory of
Of the Czech Republic.
(3) funds stored on the electoral account may be used only on the
the financing of the election campaign. Cash withdrawal from the account of the election and its
subsequent use on the financing of the election campaign shall be recorded in the
accounting.
(4) with the funds on the account by unused electoral constituency
the campaign shall not be treated for as long as you are conducting a procedure for administrative
offence relating to infringement of the rules of the financing of the election campaign,
but at least for a period of 180 days from the date of publication of the total results
elections; This prohibition shall not apply to the reimbursement of election campaign
pursuant to section 22.
(5) The payment of a fine imposed for infringement of rules of election financing
You can use campaign funds on the account unused on the election
the electoral campaign.
(6) within 60 days after the expiry of the period referred to in paragraph 4, all cash
resources on unused on account of election campaign are converted to
account of a political party or political movement led by the law
governing the Association in political parties and political movements. In
If a coalition agreement is crucial members of the Coalition about the share that has
be transferred from the account to the account of the electoral coalition of political parties or
political movements represented in the Coalition; If no such agreement
closed funds are converted from the electoral account equally.
(7) the electoral account can be canceled only after a in accordance with paragraph 5
or 6 transferred all funds unused on the election
the campaign.
section 59b
The financing of the election campaign
(1) the financing of the election campaign includes all expenditure on elections
the campaign. To pay such expenses you can only use the funds
stored on the election account.
(2) on the financing of the election campaign candidate leads a political party,
political movement or coalition of accounting under the law governing
accounting.
(3) details of the funds on the account are recorded with the electoral
the name, surname, date of birth and the municipality in which the natural person
These resources provide, permanent resident, or, in the case of legal
person, under its trade name or of the name, registered office and
the identification number of the person it has been allocated.
(4) information about other transactions amounted in money shall be registered with the
giving an overview of the origin of these transactions, including the indication of the name,
full name, date of birth, and the community in which a natural person who has this
the performance provided, permanent resident, or, in the case of a legal person, with
an indication of its trade name or of the name, registered office and identification number
the person has been allocated.
§ 22
The electoral campaign expenses
(1) the electoral campaign expenses means the sum of all cash
resources or other transactions amounted in monetary terms, that
candidate political party, a political movement or a coalition for the
reimbursement of the costs of the election campaign.
(2) the expenditure on the election campaign shall not exceed the amount of 50 000 000 Czk
including value added tax. This amount includes the amount
that candidate a political party, political movement, coalition or
their candidate, paid or to be reimbursed, including sums with
their knowledge, have paid or pledged to reimburse third parties.
Bottling, which is part of the election campaign, provided free of charge
or at a price lower than usual, this amount is counted in its
usual price under the law governing the valuation of property to the State.
(3) no later than 3 days before the date of the election must be known to all persons
that in favor of a candidate of a political party, political movement,
Coalition or their candidate, have or are committed to pay the expenses
the election campaign, provided the endowment or royalty-free implementation. About
These persons shall be published on the website of the candidate
political party, political movement or coalition information provided for in §
59B, paragraph 2. 3.
§ 59d
The publication of information on the financing of the election campaign
(1) the Candidate political party, political movement or coalition shall ensure
to access the electoral account was for the duration of this account as defined in
§ 59a published manner allowing remote access to their
website. Candidate political party, political movement
or coalition are to notify the Office address of their Internet
the site, where they will be exposed to information about the funding of electoral
the campaign, and the establishment of the electoral account and website address, the
that the account is accessible; the Coalition Authority shall notify its composition.
(2) a Candidate, political party or coalition of political movements within 90
days from the date of the publication of the overall election results shall be published in the manner
allowing remote access on its website a report on the
the financing of the election campaign.
(3) the report referred to in paragraph 2 includes
and non-performance of the overview provided) candidate for political
party political movement or coalition in the election campaign, indicating the
the usual price, unless it is a fine gift and details of donors and
providers to the extent provided in section 59b of the paragraph. 3, as well as the amount of
election campaign expenditure paid by the candidates themselves,
(b) a breakdown of the costs of the election) campaign, stating the purpose for which they were
used; If it is provided at a price lower than usual, the
provider identification data to the extent provided in section 59b, paragraph 2. 3,
(c) an overview of the financial debts) to which the candidate policy
the party, a political movement or coalition in connection with the financing
the election campaign pledged to, with an indication of the performance that was candidate
political party, political movement or coalition of the lender provided
or to the grant of the lender has committed; If it is provided for
the price is lower than usual, the identification data of the creditor in
extent provided in § 59b para. 3.
(4) a report referred to in paragraph 2 shall be published by candidate, political party
political movement and the Coalition on a form, a model of the Office
by Decree.
(5) the Candidate a political party, a political movement and a coalition of up to 90 days
from the date of the publication of the overall election results shall all
the accounts relating to the election campaign and the report on the financing of the election
the campaign, signed by the person authorized to act on behalf of the candidate
political party or political movement, or, in the case of a coalition
signed by the persons authorized to act on behalf of all political parties and
political movements represented in the coalition.
section 59e
Election campaign led by a registered third party
(1) a registered third party for the purposes of this Act, a natural person or
a legal entity that is registered in a special registry managed
By the authority.
(2) a registered third party for the purposes of this Act cannot be
and) State and its contributory organization
b) village, city, district and County,
c) voluntary villages,
(d) the State Enterprise) and legal persons with the participation of the State or
the State enterprise, as well as the person, on whose management and control are involved in
State, even as the person controlling; This does not apply if the property does not exceed
participation of the State or a State Enterprise 10%,
e) a legal person with the participation of the County, municipalities, districts, or
Borough, as well as the person, on whose management and control are involved in
County, municipality, city, or district, and even as a person
controlling; This does not apply if the participation does not exceed 10%,
f) charitable, political, the Institute and the Institute,
g) Trust Fund,
h) other legal person, if so provided by another law,
I) foreign legal person
j) means a natural person who is not a citizen of the United States; It
does not apply in the case of a person who has the right to vote in the territory of the United
Republic to the European Parliament, the
to) a natural or legal person on its behalf and on its
the responsibility of ensuring the content, publication and dissemination to the public of the recurring
printing,
l) the operator of a radio and television broadcasting.
(3) an application for registration of the third party must contain the name, surname,
citizenship, permanent residence and address, social security number, or, if no
allocated, date of birth, in the case of a natural person, the name or
business name, legal form, registered office and identification number of the person
If it was allocated, in the case of a legal person.
(4) the Office shall, on the basis of a complete application, a third party, without delay, shall allocate to third
person registration number and shall register and publish data on the
register on their website. Registration of a person referred to in
paragraph 2, the authority rejects the decision. against this decision may be
submit a decomposition or examined in the review. Registered
the third party may initiate the participation in the election campaign at the earliest on
following the date of registration.
(5) Publication of registration data in accordance with paragraph 4 contains details of the
the application with the exception of social security number, and registration number of the third party, and
the date of registration.
(6) a registered third party is required to take for the funding of electoral
the campaign to establish the electoral Bill and notify the Office address of their Internet
the site, where they will be exposed to information about the funding of electoral
the campaign, and the establishment of the electoral account and website address, the
where is the election accounts available.
(7) the financing of electoral campaigns, a registered third party includes
all of its spending on the election campaign. Expenditure registered third parties
the election campaign shall mean cash and other valuable
in the money spent on the election campaign. To pay such expenses
You can only use the money saved on account of election
registered third parties. On the election of the third party's registered account
You can insert only the funds transfer from another bank
account. A registered third party proves to the Office to his call, who is
the owner of a bank account from which the funds were on the election
transferred account.
(8) the expenses of registered third parties in the electoral campaign shall not exceed the
the amount of $1 000 000, including value added tax.
(9) the amount referred to in paragraph 8 shall be set off against the sums which the
a registered third party has paid or has to pay, including sums
It has paid or has pledged to pay the other person. Bottling,
that is part of the election campaign, provided free of charge or at a price
lower than usual, this amount is counted in its usual price referred to in
the law governing the valuation of property to the State.
(10) on the use of funds for the election campaign's registered by a third party
must keep a register that contains the
and expenditure on polls),
(b) the payment of advertising expenditure) in the press,
(c) the payment of expenses) of outdoor advertising,
(d)) other expenses.
(11) a registered third party is required to retain from your listings
the electoral and registration of the account referred to in paragraph 10 for 5 years and submit
These statements and the register at the request of the Office.
(12) a registered third party shall within 10 days after the end of the election
campaign publish an overview of the expenditure referred to in paragraph 10 on their
website. An overview of the expenses must be published continuously
for at least 3 months.
section 59f
Supervision of the financing of the election campaign
(1) the authority shall
and) exercises supervision over financing the election campaign of the candidate
political parties, political movements, alliances and registered third-
people,
(b)) will publish on its website the address of the Internet
pages which are candidates of political parties, political movements and coalitions,
where are the published information on the financing of the election campaign, and
the accounts relating to the election campaign of the candidate of the political parties,
political movements and coalitions, and the address of the website
registered third parties, where they are exposed to information about the
the financing of the election campaign and which is accessible to the electoral account
registered third parties
(c) the registration of third parties) that they intend to participate in the election
the campaign decides on refusal of registration of a third party and exposes the
registration data on its website,
d) hears infractions and administrative delicts of legal and doing business
individuals and imposes sanctions.
(2) the authority for the purposes of checks on the financing of the election campaign of
basic population register these reference data:
and) name, surname,
(b)) date of birth,
(c) the address of the place of stay)
(d)) country of citizenship or more of State citizenship.
(3) for the purposes of checks on the financing of the election campaign uses of
the information system of the population register of the following particulars:
and) name, surname, maiden name,
(b)) date of birth,
(c) the address of the place of residence), including previous address space
permanent residence,
(d)) country of citizenship or more of State citizenship.
(4) the authority for the purposes of checks on the financing of the election campaign uses of
information system for foreigners the following information:
and) name, surname, including previous surname, maiden name,
(b)) date of birth,
(c)) the type and address of the place of residence on the territory of the Czech Republic,
(d) the beginning of the stay, if applicable) date of the termination of the stay,
e) nationality.
(5) the authority for the purposes of checks on the financing of the election campaign of
the basic registry people these reference data:
and the business name or name) of a legal person,
(b) the address of the registered office),
c) statutory authority
(d) the identification number of the person)
e) date of occurrence,
f) sunset date,
g) legal status.
(6) the information specified in paragraphs 2 through 5 can be used in a particular case always
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 the population register or an information
of foreigners only if they are in the shape of the preceding the current
status. ".
8. section 62 and 63 including the following titles:
"§ 62
Misdemeanors
(1) is guilty of an offence by a selector that applies for registration in the electoral
registration in another Member State and requests for entry on the list for
European Parliament election in the Czech Republic.
(2) a natural person has committed the offence by
and) contrary to section 59 paragraph 1. 2 participating in election campaigns without prior
registration in a special registry office,
b) contrary to section 59 paragraph 1. 4 is recovered or will allow the use of communication
the media of the region or municipality or the legal person, who is controlled by region
or municipalities, the election campaign,
c) contrary to section 59 paragraph 1. 6 does not ensure that promotion or election
agitation spread through the communication media or using
large equipment or communication to the detriment of any of the
who is a candidate of a political party, political movement, coalition or their
the candidate contained the information about the sponsor and the processor,
d) contrary to section 59 paragraph 1. 6 does not mark means the election campaign on behalf of the
first and last name and registration number of the registered third parties
e) contrary to section 59 paragraph 1. 7 publish the results of election and election
surveys at the time of starting the third day before the date of elections to the European
Parliament and ending with the termination of the voting,
f) contrary to section 59e para. 6 has not established the election's account or does not
the election under section 59e account of paragraph 1. 6 or fails to notify the Office of the under
section 59e para. 6,
g) inserts on the electoral account funds contrary to section 59e para. 7
or contrary to section 59e para. 7 to demonstrate who is the owner of the Bank
the account from which the funds were transferred to the electoral Bill,
h) contrary to section 59e para. 8 does not ensure that its spending on election
the campaign does not exceed the set amount,
I) does not register on the use of funds for election campaign under section 59e
paragraph. 10 or it runs contrary to section 59e para. 10,
(j)) do not submit statements of account and registration of electoral resource use
the election campaign under section 59e para. 11, or
to disclose the spending report) election campaign under section 59e para. 12.
(3) to discuss the offence referred to in
and paragraph 1 competent), responsible for the local authority in the place where
voters,
(b) paragraph 2 (b)). a) to (d)), and (f)) to) the competent authority; against the
decisions of the Office may not be decompiled or examined in the review
management,
(c) paragraph 2 (b)). (e)) is the Regional Office of the place of residence
a natural person; the fine is the income budget of the region, which it has stored.
(4) a fine may be imposed for the offense
and) up to CZK 5,000, in the case of a misdemeanour provided for in paragraph 1,
(b)), from 10 000 to 100 000 CZK in the case of the offence referred to in paragraph 2.
§ 63
Administrative offences of legal entities and natural persons-entrepreneurs
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by
and) contrary to section 59 paragraph 1. 2 participating in election campaigns without prior
registration in a special registry office,
b) contrary to section 59 paragraph 1. 4 is recovered or will allow the use of communication
the media of the region or municipality or the legal person, who is controlled by region
or municipalities, the election campaign,
c) contrary to section 59 paragraph 1. 6 does not ensure that promotion or election
agitation spread through the communication media or using
large equipment or communication to the detriment of any of the
who is a candidate of a political party, political movement, coalition or their
the candidate contained the information about the sponsor and the processor,
d) contrary to section 59 paragraph 1. 6 does not mark means the election campaign on behalf of the
first and last name and registration number of the registered third parties
e) contrary to section 59 paragraph 1. 7 publish the results of election and election
surveys at the time of starting the third day before the date of elections to the European
Parliament and ending with the termination of the voting,
f) contrary to section 59e para. 6 has not established the election's account or does not
the election under section 59e account of paragraph 1. 6 or fails to notify the Office of the under
section 59e para. 6,
g) inserts on the electoral account funds contrary to section 59e para. 7
or contrary to section 59e para. 7 to demonstrate who is the owner of the Bank
the account from which the funds were transferred to the electoral Bill,
h) contrary to section 59e para. 8 does not ensure that its spending on election
the campaign does not exceed the set amount,
I) does not register on the use of funds for election campaign under section 59e
paragraph. 10 or it runs contrary to section 59e para. 10,
(j)) do not submit statements of account and registration of electoral resource use
the election campaign under section 59e para. 11, or
to disclose the spending report) election campaign under section 59e para. 12.
(2) the Candidate political party and political movement, or political
party and political movement represented in the Coalition, is guilty of an administrative
tort by
and) contrary to section 59 paragraph 1. 6 does not mark its name or acronym by them
the used resources of the election campaign,
b) contrary to section 59A(1). 1 has not established the election's account or does not
the election under section 59A(1) account. 2,
(c)) used the funds stored on the electoral account contrary to section 59a
paragraph. 3,
d) contrary to section 59A(1). 4 handles funds on the election
unused account on the election campaign for as long as you are conducting a procedure for
the administrative tort relating to infringement of the rules of the election financing
campaigns, or for a period of 180 days from the date of publication of the total results
options,
(e)) does not convert the funds on the account unused on the electoral constituency
the campaign under section 59A(1). 6,
f) cancels the election account contrary to section 59A(1). 7,
g) contrary to section 59b, paragraph 2. 2 does not keep accounts on the financing of the election
the campaign,
(h)) does not details of the funds on the account of election pursuant to section 59b
paragraph. 3,
I) does not information about other transactions amounted in monetary terms under section 59b
paragraph. 4,
j) contrary to section 22 paragraph 1. 2 does not ensure that expenditure on the election campaign
for elections to the European Parliament does not exceed the set amount,
k) contrary to section 22 paragraph 1. 3 not to disclose the required information on the persons
that pay, or have undertaken to pay the expenses of the electoral campaign, or
provide a fine gift or without remuneration, of performance, or
l) fail to fulfil one of the obligations referred to in section 59d relating to the publication of the
information on the financing of the election campaign, the content of the report on the financing of the
the election campaign or by sending the documents to the Accounting Office.
(3) administrative offences referred to in paragraph 1 (b). a) to (d)), and (f)) to)
paragraph 2 dealt with the Office. Against decisions of the Office may not be decompiled
or examined in the review.
(4) administrative offences referred to in paragraph 1 (b). e) discusses regional office in
by the locally competent according to the seat of the legal person.
The fine is the income budget of the region, which it has stored.
(5) an administrative offense shall be fined from
and $10,000 to) 100 000 CZK in the case of an administrative offence referred to in paragraph 1
or paragraph 2 (b). and) or l),
b) CZK 20,000 to Czk 300 000, in the case of an administrative offence referred to in paragraph 2
(a). (h)), i) or k),
c) 30 000 to 500 000 CZK in the case of an administrative offence referred to in paragraph 2
(a). b), c), (d)), e), (f)) or g),
(d)) $10,000 to a maximum of one and a half times the amount exceeded
the campaign spending limit, in the case of an administrative offence under paragraph
2 (a). j).".
Footnote # 21 and 22 shall be deleted.
9. the following section is inserted after section 63, 63a, which including the title reads as follows:
"section 63a
Provisions common to administrative offences
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences, and
the circumstances under which it was committed, and the impact of the fine imposed on the
the possibility of further existence of a candidate of a political party or political
movement.
(3) the liability of physical, legal or entrepreneurial natural person
an administrative offense shall cease, if the administrative authority has commenced proceedings to him
3 months from the date on which it learned, but not later than within 3 years from the
the day when it was committed.
(4) The liability for the acts, which took place in the business
person or in direct connection with it shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
(5) the imposition of the fine is without prejudice to the penalty provisions of the Act
governing the operation of radio and television broadcasting. The fine is
due within 30 days of the effective date of the decision, which was
is stored.
(6) income from fines is the State budget revenue. The owner of the forfeited
things becomes the State. ".
10. In paragraph 68, the words "in accordance with § 62 and 63" shall be replaced by "about violations and
administrative offences of legal entities and natural persons-entrepreneurs and
denial of registration of a third party by the Office ".
Čl.VI
Transitional provisions
1. the Ministry of the Interior shall send to the Office for the supervision of the funding
political parties and political movements, list of political parties
political movements and coalitions, candidates that applied, pursuant to article 21
paragraph. 3 of the Act No. 62/2003 Coll., in the version in force from the date of acquisition
the effectiveness of this law, for the first time in elections to the European Parliament
announced after the entry into force of this Act.
2. the rules of the election campaign and its funding under section 59 to 59f and section
62 to 63a of the Act No. 62/2003 Coll., in the version in force from the date of acquisition
the effectiveness of this law, shall be applied for the first time in elections to the European
the Parliament announced after the entry into force of this Act.
3. The provisions of § 57 of Act No. 62/2003 Coll., in the version in force from the date of
entry into force of this Act, shall apply for the first time in elections to the
The European Parliament announced after the entry into force of this Act.
PART FOUR
Amendment of the Act concerning the election of the President of the Republic
Article. (VII)
Law No. 275/2012 Coll., concerning the election of the President of the Republic and amending certain
laws (the law on the election of the President of the Republic), as amended by the legal
the measure the Senate no 340/2013 Coll., legal measures the Senate no 344/2013
Coll., Act No. 58/2014 Coll. and Act No 114/2016 Coll., is amended as follows:
1. in paragraph 21, at the end of paragraph 3 the following sentence "the Ministry of the Interior
sends the list of candidates to the President of the Republic, who submitted
candidates, the Office for the supervision of the activity of the political parties
and political movements (hereafter referred to as "the authority"), established under the Act
governing the Association in political parties and political movements. "
2. section 23, including the title.
3. in section 24 paragraphs 1 to 3 shall be added:
"(1) each candidate for the position of President of the Republic is obliged to for
the financing of the election campaign, not later than 5 days from the date of announcement of election
set up an account for free and continuous access of third parties to
displaying the overview of payment transactions on this account (hereinafter referred to as
"the electoral account").
(2) the electoral account must be with a Bank, savings and credit
cooperatives or at a foreign bank that has a branch unit on the territory of
Of the Czech Republic.
(3) funds stored on the electoral account may be used only on the
the financing of the election campaign. Cash withdrawal from the account of the election and its
subsequent use on the financing of the election campaign shall be recorded in the
accounting. ".
4. In article 24, paragraph 4 shall be deleted.
Paragraphs 5 to 8 shall become paragraphs 4 to 7.
5. § 24 para. 4, the word "financial" replaced by the word "cash".
6. in section 24 para. 4, the words "in case" shall be replaced by "of the administrative
the offence related to ".
7. § 24 para. 4 is the number "120" is replaced by "180".
8. In paragraph 24, at the end of the text of paragraph 4, the words "shall be added; This prohibition
does not apply to the reimbursement of the election campaign according to § 37 ".
9. in section 24 para. 5 the first sentence be deleted.
10. In § 24 para. 5, the words "this amount" shall be replaced by "the fine
imposed for administrative offence relating to violation of the rules of the financing
the election campaign ".
11. in section 24 para. 5 to 7, the word "financial" replaced by the word "cash".
12. in section 24 para. 6 is the number "30" is replaced by "60".
13. in § 24 para. 6 ' 5 or 6 "shall be replaced by the number" 4 ".
14. in § 24 para. 6, the words ", with the exception of the funds
used to pay levy to the State budget in accordance with paragraph 6.0 "
shall be deleted.
15. in section 24 para. 7, the words "6 or 7" is replaced by "5 or 6".
16. in § 25 para. 1 at the end of subparagraph (d)), a comma is replaced by a dot and the
the letter e) shall be deleted.
17. in § 25 para. 2 (a). and the words ' and) to the Electoral Committee and its
Members ' shall be deleted.
18. in § 25 para. 2 at the end of subparagraph (a)) the comma is replaced by a dot
subparagraph (b)) shall be deleted and shall be deleted at the same time marking (a)).
19. in section 35 para. 1, the words "of the Republic and the election" shall be replaced by
"Republic or of the election".
20. in section 35 para. 1, the words ", if such promotion or election
agitation occurred earlier in the day of its publication in the collection of presidential election
laws, or even before that date, if such publicity or promotion
It takes to date of its publication in the collection of laws of the presidential election, "shall be deleted.
21. in section 35, paragraph 1 the following new paragraphs 2 and 3 shall be added:
"(2) any natural or legal person who proposes to participate in the election
the campaign without a candidate, is required prior to entering the election
a campaign to register as a registered third party at the Office.
(3) the election campaign under this Act begins on the date of announcement of election
the President and ending on the date of the publication of the overall results of the election
President. ".
Paragraphs 2 to 7 shall become paragraphs 4 to 9.
22. in section 35 para. 5 after the word "for", the words "the use of
large equipment and ".
23. in paragraph 35, the following shall be added at the end of paragraph 5, the phrase "the candidates are required to
Mark your name and last name used by means of the electoral
the campaign. Registered third parties are required by the used resources
the election campaign to mark the name, abbreviation or name and last name and
registration number of the registered third parties assigned by the authority. ".
24. In paragraph 35, at the end of paragraph 6 the following sentence "to the election campaign
You cannot use the communication media of the county or municipality or of a legal person,
that is controlled by the region or municipality. ".
25. In paragraph 36, paragraphs 1 and 2 shall be added:
"(1) the financing of the election campaign includes all expenditure on elections
the campaign. To pay such expenses you can only use the funds
stored on the election account.
(2) on the financing of the election campaign leads the candidate to the President of the
Republic of accounting under the law governing accounting. ".
26. in § 36 odst. 3 and § 37 para. 1, the word "financial" is replaced by
the word "cash".
27. in § 36 odst. 3, the words "an overview of the origin of those resources,
including placing "are deleted.
28. in § 36 odst. 3 the words "address of the place of residence of a natural person
These resources provide "be replaced by" of the village, in which the physical
the person who has provided the funds, a permanent resident ".
29. in § 36 odst. 4, the words "the address of the place of residence of a natural person
These transactions provide "be replaced by" of the village, in which the natural person
which of the following transactions, provided permanent residence ".
30. In § 37 para. 1, the words ", including the costs incurred prior to the
date of submission of lists "be deleted.
31. in § 37 para. 2 the second sentence, after the words "sums"
the words "with his knowledge".
32. In paragraph 37, at the end of the text of paragraph 2, the words "according to law
governing the valuation of assets of the State ".
33. In paragraph 37, the following paragraph 3 is added:
"(3) no later than 3 days before the date of the election must be known to all persons
that for the benefit of the candidate to the President of the Republic, have
or have undertaken to pay the expenses of the election campaign, to provide cash
gift or return performance. These persons shall be published on the
website candidate information provided for in § 36 odst. 3. ".
34. section 38, including the title reads as follows:
"§ 38
The publication of information on the financing of the election campaign
(1) a candidate for the President of the Republic shall ensure that access to
the electoral account was for the duration of this account as defined in § 24
published in a manner allowing remote access to the Internet
pages. Candidate for the position of President of the Republic is obliged to notify
The Office address of its website, where it will be exposed to
information on the financing of the election campaign, and the establishment of the electoral account and
address of the website on which the account is accessible.
(2) a candidate for the President of the Republic within 90 days from the date of its publication in the
the overall result of the election shall be published by way of allowing remote access
on its website a report on the financing of the election campaign.
(3) the report referred to in paragraph 2 includes
and non-performance of the overview provided) candidate in an election
the campaign, with an indication of the usual price, unless it is a monetary gift and details of
donors and providers to the extent provided in § 36 odst. 3, as well as
the level of expenditure on election campaign financed by the candidate himself,
(b) a breakdown of the costs of the election) campaign, stating the purpose for which they were
used; If it is provided at a price lower than usual, the
provider identification data to the extent provided in § 36 odst. 3,
(c) an overview of the financial debts) to which the candidate for the position
President of the Republic in connection with the financing of the election campaign
committed, with an indication of the performance, which was shown to the President of the
States the lender provided or to the grant of the creditor
committed; If it is provided at a price lower than usual, the
identification data of the creditor to the extent provided in § 36 odst. 3.
(4) a report referred to in paragraph 2 shall be published by the candidate to the President of the
States on the form, a model of the Office shall determine by Decree.
(5) a candidate for the position of the President within 90 days from the date of its publication in the
the overall result of the election shall be sent to the authority all books and accounts relating to the
the election campaign and the signed message on the financing of the election campaign.
(6) a candidate for the position of the President within 15 days of the date on which the
funds on the account unused on the election campaign
converted to a charitable purpose in accordance with § 24 para. 6, publish
manner allowing remote access to their website and
at the same time it shall send the Office a signed note indicating to whom, in what
extent, and for what purpose these charitable funds
converted. ".
35. in paragraph 38, the following new section 38a and 38b, which including the following titles:
"§ 38a
Election campaign led by a registered third party
(1) a registered third party for the purposes of this Act, a natural person or
a legal entity that is registered in a special registry managed
By the authority.
(2) a registered third party for the purposes of this Act cannot be
and) State and its contributory organization
b) village, city, district and County,
c) voluntary villages,
(d) the State Enterprise) and legal persons with the participation of the State or
the State enterprise, as well as the person, on whose management and control are involved in
State, even as the person controlling; This does not apply if the property does not exceed
participation of the State or a State Enterprise 10%,
e) a legal person with the participation of the County, municipalities, districts, or
Borough, as well as the person, on whose management and control are involved in
County, municipality, city, or district, and even as a person
controlling; This does not apply if the participation does not exceed 10%,
f) charitable, political, the Institute and the Institute,
g) Trust Fund,
h) other legal person, if so provided by another law,
I) foreign legal person
j) means a natural person who is not a citizen of the United States; It
does not apply in the case of a person who has the right to vote in the territory of the United
Republic to the European Parliament, the
to) a natural or legal person on its behalf and on its
the responsibility of ensuring the content, publication and dissemination to the public of the recurring
printing,
l) the operator of a radio and television broadcasting.
(3) an application for registration of the third party must contain the name, surname,
citizenship, permanent residence and address, social security number, or, if no
allocated, date of birth, in the case of a natural person, the name or
business name, legal form, registered office and identification number of the person
If it was allocated, in the case of a legal person.
(4) the Office shall, on the basis of a complete application, a third party, without delay, shall allocate to third
person registration number and shall register and publish data on the
register on their website. Registration of a person referred to in
paragraph 2, the authority rejects the decision. against this decision may be
submit a decomposition or examined in the review. Registered
the third party may initiate the participation in the election campaign at the earliest on
following the date of registration.
(5) Publication of registration data in accordance with paragraph 4 contains details of the
the application with the exception of social security number, and registration number of the third party, and
the date of registration.
(6) a registered third party is required to take for the funding of electoral
the campaign to establish the electoral Bill and notify the Office address of their Internet
the site, where they will be exposed to information about the funding of electoral
the campaign, and the establishment of the electoral account and website address, the
where is the election accounts available.
(7) the financing of electoral campaigns, a registered third party includes
all of its spending on the election campaign. Expenditure registered third parties
the election campaign shall mean cash and other valuable
in the money spent on the election campaign. To pay such expenses
You can only use the money saved on account of election
registered third parties. On the election of the third party's registered account
You can insert only the funds transfer from another bank
account. A registered third party proves to the Office to his call, who is
the owner of a bank account from which the funds were on the election
transferred account.
(8) the expenses of registered third parties in the electoral campaign shall not exceed the
and the amount of $800 000), including value added tax, was held to only
the first round of elections,
(b) the amount of $1 000 000), including value added tax, held to
the first and second round of elections.
(9) the amount referred to in paragraph 8 shall be set off against the sums which the
a registered third party has paid or has to pay, including sums
It has paid or has pledged to pay the other person. Bottling,
that is part of the election campaign, provided free of charge or at a price
lower than usual, this amount is counted in its usual price referred to in
the law governing the valuation of property to the State.
(10) on the use of funds for the election campaign's registered by a third party
must keep a register that contains the
and expenditure on polls),
(b) the payment of advertising expenditure) in the press,
(c) the payment of expenses) of outdoor advertising,
(d)) other expenses.
(11) a registered third party is required to retain from your listings
the electoral and registration of the account referred to in paragraph 10 for 5 years and submit
These statements and the register at the request of the Office.
(12) a registered third party shall within 10 days after the end of the election
campaign publish an overview of the expenditure referred to in paragraph 10 on their
website. An overview of the expenses must be published continuously
for at least 3 months.
section 38b
Supervision of the financing of the election campaign
(1) the authority shall
and) exercises supervision over financing the election campaign of the candidates and
registered third parties
(b)) will publish on its website the address of the Internet
the candidates ' pages, where they are exposed to information about funding
the election campaign, and the accounts relating to the election campaign of candidates, and
website address of registered third parties, where they are
published information on the financing of the election campaign and which is
accessible election account registered by third parties,
(c) the registration of third parties) that they intend to participate in the election
the campaign decides on refusal of registration of a third party and exposes the
registration data on its website,
d) hears infractions and administrative delicts of legal and doing business
individuals and imposes sanctions.
(2) the authority for the purposes of checks on the financing of the election campaign of
basic population register these reference data:
and) name, surname,
(b)) date of birth,
(c) the address of the place of stay)
(d)) country of citizenship or more of State citizenship.
(3) for the purposes of checks on the financing of the election campaign uses of
the information system of the population register of the following particulars:
and) name, surname, maiden name,
(b)) date of birth,
(c) the address of the place of residence), including previous address space
permanent residence,
(d)) country of citizenship or more of State citizenship.
(4) the authority for the purposes of checks on the financing of the election campaign uses of
information system for foreigners the following information:
and) name, surname, including previous surname, maiden name,
(b)) date of birth,
(c)) the type and address of the place of residence on the territory of the Czech Republic,
(d) the beginning of the stay, if applicable) date of the termination of the stay,
e) nationality.
(5) the authority for the purposes of checks on the financing of the election campaign of
the basic registry people these reference data:
and the business name or name) of a legal person,
(b) the address of the registered office),
c) statutory authority
(d) the identification number of the person)
e) date of occurrence,
f) sunset date,
g) legal status.
(6) the information specified in paragraphs 2 through 5 can be used in a particular case always
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 the population register or an information
of foreigners only if they are in the shape of the preceding the current
status. ".
36. section 62 and 63 including the following titles:
"§ 62
Misdemeanors
(1) a natural person has committed the offence by
and) contrary to section 35 para. 2 participating in election campaigns without prior
registration in a special registry office,
b) contrary to section 35 para. 5 does the promotion or the election
agitation spread through the communication media or using
large equipment or communication to the detriment of any
candidate for President of the Republic to contain information about the
the sponsor and the processor,
c) contrary to section 35 para. 5 does not mark means the election campaign on behalf of the
first and last name and registration number of the registered third parties
d) contrary to section 35 para. 6 will use or allow the use of communication
the media of the region or municipality or the legal person, who is controlled by region
or municipalities, the election campaign,
e) contrary to section 35 para. 8 publish the results of election and election
surveys at the time of starting the third day before the date of the election of the President and
ending with the termination of the voting,
f) contrary to section 38 (a) of paragraph 1. 6 has not established the election's account or does not
the electoral account pursuant to § 38 paragraph 1(a). 6 or fails to notify the Office of the under
§ 38a para. 6,
g) inserts on the electoral account funds contrary to section 38 (a) of paragraph 1. 7
or contrary to section 38 (a) of paragraph 1. 7 to demonstrate who is the owner of the Bank
the account from which the funds were transferred to the electoral Bill,
h) contrary to section 38 (a) of paragraph 1. 8 does not ensure that its spending on election
the campaign does not exceed the set amount,
I) does not register on the use of funds for the election campaign according to § 38a
paragraph. 10 or it runs contrary to section 38 (a) of paragraph 1. 10,
(j)) do not submit statements of account and registration of electoral resource use
the election campaign under section 38 (a) of paragraph 1. 11, or
to disclose the spending report) election campaign under section 38 (a) of paragraph 1. 12.
(2) a candidate for the position of the President is guilty of an offence,
that
and) contrary to section 24 para. 1 has not established the election's account, or does not result in the election
account pursuant to § 24 para. 2,
(b)) used the funds stored on the electoral account contrary to section 24
paragraph. 3,
(c)) in violation of § 24 para. 4 handles funds on the election
unused account on the election campaign for as long as you are conducting a procedure for
the administrative tort relating to infringement of the rules of the election financing
campaigns, or for a period of 180 days from the date of publication of the total results
options,
(d)) does not convert the funds on the account unused on the electoral constituency
the campaign in accordance with § 24 para. 6,
e) cancels the election account in violation of § 24 para. 7,
f) contrary to section 35 para. 5 does not mark his first and last name by
the used resources of the election campaign,
g) in violation of § 36 odst. 2 does not keep accounts on the financing of the election
the campaign,
(h)) does not details of the funds on the account of election pursuant to section 36
paragraph. 3,
I) does not information about other transactions amounted in cash pursuant to § 36
paragraph. 4,
j) in violation of § 37 para. 2 does not ensure that the election campaign expenses for
election of the President do not exceed a set amount,
k) in violation of § 37 para. 3 not to disclose the required information on the persons
that pay, or have undertaken to pay the expenses of the electoral campaign, or
provide a fine gift or without remuneration, of performance, or
l) fail to fulfil one of the obligations pursuant to § 38 related to publication
information on the financing of the election campaign, the content of the report on the financing of the
the election campaign, by sending the documents dealing with the Accounting Office or about converting
funds from the account of the election.
(3) to discuss the offence referred to in
and paragraph 1 (a)). a) to (d)), and (f))) and paragraph 2, the competent authority;
against decisions of the Office may not be decompiled or examined in the
examination procedure,
(b) paragraph 1 (a)). (e)) is the Regional Office of the place of residence
a natural person; the fine is the income budget of the region, which it has stored.
(4) a fine may be imposed for the offense of
and $10,000 to) 100 000 CZK in the case of the offence referred to in paragraph 1, or
paragraph 2 (a). (f)) or l),
b) CZK 20,000 to Czk 300 000, in the case of a misdemeanour provided for in paragraph 2 (a).
(h)), i) or k),
c) 30 000 to 500 000 CZK in the case of the offence referred to in paragraph 2 (a).
a), b), c), (d)), e) or (g)),
(d)) $10,000 to a maximum of one and a half times the amount exceeded
the campaign spending limit, if the offence referred to in paragraph 2
(a). (j)).
§ 63
Administrative offences of legal entities and natural persons-entrepreneurs
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by
and) contrary to section 35 para. 2 participating in election campaigns without prior
registration in a special registry office,
b) contrary to section 35 para. 5 does the promotion or the election
agitation spread through the communication media or using
large equipment or communication to the detriment of any
candidate for President of the Republic to contain information about the
the sponsor and the processor,
c) contrary to section 35 para. 5 does not mark means the election campaign on behalf of the
first and last name and registration number of the registered third parties
d) contrary to section 35 para. 6 will use or allow the use of communication
the media of the region or municipality or the legal person, who is controlled by region
or municipalities, the election campaign,
e) contrary to section 35 para. 8 publish the results of election and election
surveys at the time of starting the third day before the date of the election of the President and
ending with the termination of the voting,
f) contrary to section 38 (a) of paragraph 1. 6 has not established the election's account or does not
the electoral account pursuant to § 38 paragraph 1(a). 6 or fails to notify the Office of the under
§ 38a para. 6,
g) inserts on the electoral account funds contrary to section 38 (a) of paragraph 1. 7
or contrary to section 38 (a) of paragraph 1. 7 to demonstrate who is the owner of the Bank
the account from which the funds were transferred to the electoral Bill,
h) contrary to section 38 (a) of paragraph 1. 8 does not ensure that its spending on election
the campaign does not exceed the set amount,
I) does not register on the use of funds for the election campaign according to § 38a
paragraph. 10 or it runs contrary to section 38 (a) of paragraph 1. 10,
(j)) do not submit statements of account and registration of electoral resource use
the election campaign under section 38 (a) of paragraph 1. 11, or
to disclose the spending report) election campaign under section 38 (a) of paragraph 1. 12.
(2) administrative offences referred to in paragraph 1 (b). a) to (d)), and (f)) to)
dealt with by the Office. Against decisions of the Office may not be decompiled or
examined in the review.
(3) administrative offences referred to in paragraph 1 (b). e) discusses regional office in
by the locally competent according to the seat of the legal person.
The fine is the income budget of the region, which it has stored.
(4) an administrative offense shall be fined from 10 000 to 100 000 CZK. ".
37. In § 64 para. 3, the word "legal" is replaced by "physical,
legal or entrepreneurial natural ".
38. In article 64, paragraph 4 shall be deleted.
Paragraphs 5 and 6 shall be renumbered as paragraphs 4 and 5.
39. In article 64, the following paragraph 6 is added:
"(6) income from fines is the State budget revenue. The owner of the forfeited
things becomes the State. ".
40. In section 66 paragraph 1. 2, the words "may affect" is replaced by "grossly
influenced by ".
41. section 67, including the title.
42. In paragraph 68, the second sentence shall be deleted.
43. In paragraph 72, the words "and other administrative offences" shall be replaced by ",
other administrative offences and the rejection of third party Registration Authority ".
Article. (VIII)
Transitional provisions
1. the Ministry of the Interior shall send to the Office for the supervision of the funding
political parties and political movements for a list of candidates for the function of the
President of the Republic who have submitted candidates, pursuant to § 21 para.
3 of the law no 275/2012 Coll., in the version in force from the date of entry into force of
This Act, for the first time in the election of the President of the Republic proclaimed after the
entry into force of this Act.
2. the rules of the election campaign and its financing referred to in sections 24 and 25, section 35
up to 62 and section 38b to 64 of Act No. 275/2012 Coll., in the version in force from the date of
entry into force of this law, shall be applied for the first time in the election of the President
the Republic declared after the entry into force of this Act.
3. If the President of the Republic announced before the date of the acquisition of
the effectiveness of this law, it shall apply for the purposes of checks on the financing of the
the election campaign in connection with the choice of President of the Republic to section 67 and 68
Act No. 275/2012 Coll., in the version in force before the date of entry into force of
of this Act.
4. the provisions of section 66 of Act No. 275/2012 Coll., in the version in force from the date of
entry into force of this Act, shall apply for the first time in the election of the President
the Republic declared after the entry into force of this Act.
PART FIVE
Amendment of the Act on elections to the Councils of the municipalities
Article. (IX)
In § 60 para. 2 to 4 of Act No. 491/2001 Coll. on elections to the Councils
municipalities and amending certain acts, the words "may affect" are replaced by
the words "grossly influenced".
Article. X
Transitional provision
The provisions of section 60 of the Act No. 491/2001 Coll., in the version in force from the date of acquisition
the effectiveness of this law, it shall apply for the first time in elections to the
Councils of the municipalities announced after the entry into force of this Act.
PART SIX
Amendment of the law on the rules of procedure of the Chamber
Article. XI
In § 41 para. 1 of Act No. 106/1999 Coll., on the Senate's rules of procedure, as amended by
Act No. 275/2012 Coll., the letter e) repealed.
Subparagraph (f)) is renumbered as paragraph (e)).
Article. (XII)
Transitional provision
If the election of the President of the Republic announced before the date of the acquisition of
the effectiveness of this law, it shall apply for the purposes of checks on the financing of the
the election campaign in connection with the choice of President of the Republic to § 41 para.
1 (b). e) of Act No. 107/1999 Coll., in the version in force prior to the date of acquisition
the effectiveness of this Act.
PART SEVEN
To change the code of civil procedure of the administrative
Article. XIII
In 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., Act No. 320/2009 Coll., Act No. 118/2010 Coll., the award
The Constitutional Court declared under no. 294/2010 Coll., constitutional
the Court declared under no. 130/2007 Coll., Act No. 303/2007 Coll., Act
No 275/2012 Coll., Act No. 396/2009 Coll., Act No. 250/2014 Coll., Act
No 87/2015 Coll. and Act No. 375/2015 Coll., section 90a repealed.
Article. XIV
Transitional provisions
1. Proceedings for infringement of the rules of the election campaign financing, in
connection with the choice of President of the Republic initiated prior to the date of acquisition
the effectiveness of this law shall be completed pursuant to Act No. 150/2002 Coll., on
the version in force before the date of entry into force of this Act.
2. If the option was the President of the Republic announced before the date of the acquisition of
the effectiveness of this law, it shall apply for the purposes of checks on the financing of the
the election campaign in connection with the choice of President of the Republic to edit
proceedings for infringement of the rules of the election campaign financing by
Act No. 150/2002 Coll., in the version in force before the date of entry into force of
of this Act.
PART EIGHT
The EFFECTIVENESS of the
Article. XV
This Act shall take effect on 1 January 2000. January 2017.
Hamáček in r.
Zeman in r.
Sobotka in r.
