Parliament of the Czech Republic
Chamber of Deputies

Act of Law No. 62/2003 Coll. of February 18th, 2003, on Elections to the European Parliament and on Change of Selected Acts of Law

The Parliament has resolved on the following act of law of the Czech Republic:

Part One

Elections to the European Parliament

Chapter I

General Provisions

Article 1

This act of law specifies the terms of exercise of the right to vote, the organisation of the elections to the European Parliament and the extent of judicial review concerning the elections to the European Parliament within the territory of the Czech Republic.

Article 2

(1) The elections to the European Parliament are based on the principles of secret ballot, universal, equal and direct right of vote and proportional representation.

(2) The members of the European Parliament are elected for 5 years.

(3) For the purpose of the elections to the European Parliament the territory of the Czech Republic forms one single constituency.

(4) The elections to the European Parliament in the Czech Republic are held in permanent constituencies and in independent constituencies established in compliance with special legal regulations¹⁾.

Article 3

(1) The elections to the European Parliament are held in the last year of its members’ term of office.

(2) The elections to the European Parliament held in the territory of the Czech Republic shall be announced by the President of the republic in accordance with a resolution of the Council of the European Union (hereinafter only the “Council”) at least 90 days in advance. The resolution to announce the elections shall be published in the Collection of Laws. The elections shall be regarded as announced on the day the relevant chapter of the Collection of Laws featuring the aforementioned resolution of the President of the republic is distributed.

(3) The elections to the European Parliament in the Czech Republic take place over the course of 2 days, on a Friday and on a Saturday. On the first day, all polling stations shall be open from 2 p.m. to 10 p.m. On the second day, all polling stations shall be open from 8 a.m. to 2 p.m. Unless specified otherwise by this act of law, the election day is understood to be the first day of the elections.

Article 4

(1) For the purpose of this act of law the official working languages of the European Union are understood to be English, French and German.

(2) For the purpose of this act of law a communication centre of another member of the European Union (hereinafter only “another member state”) is understood to mean any authority of another member state appointed to communicate all issues concerning the elections to the European Parliament with other members of the European Union.

Article 5

The Right to Vote

(1) The right to vote in the territory of the Czech Republic to the European Parliament applies to every citizen of the Czech Republic at least 18 years old on the second day of the elections and to every citizen of another member state at least 18 years old on the second day of the elections and registered for at least 45 days in the register of citizens in compliance with special legal regulations²⁾ (hereinafter only “voter”).

(2) The following persons may not exercise their right to vote to the European Parliament in the territory of the Czech Republic:

a) any person whose personal liberty has been restricted due to protection of public health³⁾,
b) any person without legal capacity⁴⁾.

(3) Each voter may vote only once in the same elections to the European Parliament.

Article 6

The Right to Be Elected

(1) Any citizen of the Czech Republic and any citizen of another member state registered in the register of citizens in compliance with special legal regulations²⁾ for at least 45 days as of the second day of the elections at least 21 years old on the second day of the elections, not legally disqualified⁴⁾ and – if he/she is a citizen of another member state – not deprived of his/her right to be elected to the European Parliament in the state of which he/she is a citizen (hereinafter only the “native member state”) may be elected to the European Parliament. No citizen of another member state having the citizenship of several member states may be deprived of his/her right to be elected to the European Parliament in either of them.

(2) Everyone is entitled to stand as a candidate in the same elections to the European Parliament only once.

Chapter II

Electoral Bodies

Article 7

(1) Electoral bodies for the elections to the European Parliament:

a) the State Electoral Commission,
b) the Ministry of the Interior,
c) the Ministry of Foreign Affairs,
d) embassies and consulates of the Czech Republic, except for consulates managed by honorary consuls (hereinafter only “embassies and consulates”),
e) the Czech Statistical Office,
f) regional authorities, the Metropolitan Authority of the City of Prague (hereinafter only “regional authorities”),
g) designated local authorities⁵⁾, district authorities of the City of Prague, district or local municipal authorities of Brno, Ostrava and Pilsen (hereinafter only “designated local authorities”),
h) municipal authorities, town authorities, executive authorities of territorially undivided chartered towns, district or local municipal authorities (hereinafter only “municipal authorities”),
i) mayors of municipalities, towns, town districts or precincts, mayors of territorially undivided chartered towns (hereinafter only “mayors”),
j) mayors of designated local authorities,
k) directors of regional authorities, director of the Metropolitan Authority of the City of Prague (hereinafter only “directors of regional authorities”),
l) district electoral commissions.

(2) All activities of the aforementioned electoral bodies are regarded as public administration.

(3) The employees of regional authorities and the employees of designated local authorities may execute the activities specified in this act of law only on condition that they hold electoral qualification certificates in compliance with special legal regulations⁶⁾.

Article 8

The State Electoral Commission

(1) The State Electoral Commission established in compliance with special legal regulations⁷⁾ is also a permanent electoral body for the elections to the European Parliament held within the territory of the Czech Republic.

(2) The State Electoral Commission

a) coordinates the preparation, organisation, process and execution of the elections to the European Parliament in the territory of the Czech Republic,
b) supervises the execution of all necessary organisational and technical operations related to the elections to the European Parliament held in the territory of the Czech Republic,
c) draws the number to be featured in all voting tickets for the elections to the European Parliament held in the territory of the Czech Republic,
d) authorises the electoral protocol featuring the results of the elections to the European Parliament held in the territory of the Czech Republic produced by the Czech Statistical Office,
e) declares and publishes the results of the elections to the European Parliament held in the territory of the Czech Republic,
f) delivers designation certificates to the candidates to the European Parliaments elected within the territory of the Czech Republic,
g) forwards the results of the elections to the European Parliament held in the territory of the Czech Republic to the European Parliament,
h) informs the European Parliament if the mandate of any member of the European Parliament elected within the territory of the Czech Republic expires in compliance with Czech legal regulations,
i) issues permits allowing other personnel to be present when district electoral commissions count the votes.

Article 9

The Ministry of the Interior

(1) The Ministry of the Interior is the central public administration authority for the area of the elections to the European Parliament held within the territory of the Czech Republic. It also acts as the communication centre of the Czech Republic, exchanging information with other member states.

(2) The Ministry of the Interior

a) methodically supervises and controls all organisational and technical aspects of the preparation, progress and execution of the elections to the European Parliament within the territory of the Czech Republic,
b) considers and registers candidate lists,
c) informs individual mayors through regional authorities of its registration of candidate lists and provides addresses of the representatives of all political parties, movements and coalitions whose candidate lists have been registered,
d) receives information from municipalities of other member states on all voters registered in the territory of the Czech Republic in compliance with special legal regulations²⁾ and wishing to vote or stand as candidates in such municipalities of other member states,
e) participates in the elimination of duplicities in special lists of voters administered by embassies and consulates and in permanent lists of voters in compliance with special legal regulations⁸⁾,
f) gives local authorities a list of communication centres of other member states through regional authorities,
g) deals with all complaints concerning organisational and technical aspects of the elections on a regional level previously rejected by local authorities,
h) provides information from the register of citizens⁹⁾ for local authorities for the purpose of generation and administration of electoral lists for the elections to the European Parliament held within the territory of the Czech Republic,
i) operates a unified system of telecommunication links within the territory of the Czech Republic in collaboration with the Czech Statistical Office during the elections to the European Parliament,
j) organises the printing of electoral materials and ballot papers,
k) archives electoral documentation,
l) carries out other activities in compliance with this act of law.

Article 10

The Ministry of Foreign Affairs

The Ministry of Foreign Affairs carries out activities related to the administration of a special list of voters in compliance with special legal regulations⁸⁾.

Article 11

Embassies and Consulates

Within the territory of their competence the Embassies and Consulates:

a) administer special lists of voters in compliance with special legal regulations⁸⁾,
b) issue electoral cards (Article 30),
c) provide information on the time and place of the elections to the European Parliament held in the territory of the Czech Republic, on the possibility of registration in special lists of voters and on the issuing of electoral cards, including electoral cards in other languages, according to local conditions,
d) carry out other activities in compliance with this act of law.

Article 12

The Czech Statistical Office

(1) The Czech Statistical Office prepares a binding system of determination and processing of election results and provides the software needed to process and forward the results of the elections to the European Parliament held in the territory of the Czech Republic.

(2) The Czech Statistical Office shall also

a) operate the technical system used to process the results of the elections to the European Parliament at individual sites established by designated municipal authorities and the State Electoral Commission in collaboration with the Ministry of the Interior and municipal authorities,
b) process the results of the elections to the European Parliament and prepare an election result report (Article 49, Section 1) and forward them to the State Electoral Commission without delay,
c) adopt all necessary technical measures ensuring that current and final election results are always available and provided,
d) secure and train a sufficient number of its own employees authorised to monitor and process the results of the elections to the European Parliament as well as other personnel to process and forward the results of the elections for all individual sites established in compliance with Subsection a) herein and issue certificates for those successfully completing its training programme,
e) train selected members of district electoral commissions in the area of monitoring and processing of electoral results,
f) issue individual district electoral commissions with printed computer configurations verifying that the election results provided by them have been accepted for further processing without defects,
g) forward summary information on election results in the Czech Republic in written form to all political parties, movements and coalitions whose candidate lists have been registered; all such information shall also be forwarded in electronic form,
h) generate registers and code books featuring all candidates and all political parties, movements and coalitions running in the elections,
i) inform the Ministry of the Interior of any and all duplicities that occurred in the candidate lists presented in the Czech Republic,
j) deal with all complaints concerning the technical facilities and software used to process election results,
k) forward its records of election progress and results accepted from district electoral commissions to the relevant municipal authority for safekeeping within 10 days after completing their processing,
l) provide information on election results in the required territorial structure upon request after the publication of final results of the elections to the European Parliament.

(3) Every employee of the Czech Statistical Office authorised in compliance with Article 2, Section d), is entitled to

a) be present in the room in which a district electoral commission counts the votes (Article 41),
b) accept counterparts of records of election progress and results and election results on technical carriers,
c) specify the time limit during which any and all errors are to be corrected and a new report on election results is to be presented,
d) instruct district electoral commissions to end their sessions on the second election day (Article 45, Section 3),
e) organise collections of election results in all relevant electoral districts,
f) organise the processing of final election results,
g) send summary information on election results to the addresses of individual authorised representatives of political parties, movements and coalitions.

Article 13

Regional Authorities

In connection with the elections to the European Parliament held in the territory of the Czech Republic each regional authority

a) deals with all relevant organisational and technical aspects of the preparation, development and execution of the elections within its region,
b) informs the mayors of registered candidate lists and provides addresses of the representatives of those political parties, movements and coalitions whose candidate lists have been registered,
c) takes part in distribution of electoral materials,
d) monitors the course of voting and the counting of votes at polling stations,
e) deals with all complaints concerning organisational and technical aspects of the elections on a municipal level previously rejected by local authorities,
f) deliberates on electoral campaign-related offences and other administrative torts and imposes fines in compliance with this act of law (Articles 62 and 63),
g) archives election documents,
h) carries out other activities in compliance with this act of law.

Article 14

Designated Local Authorities

Each designated local authority

a) secures premises and supporting facilities for the Czech Statistical Office in connection with its collection, inspection and processing of the records provided by district election commissions,
b) secures the staff entering the election results received from individual election districts into the system and all necessary technical devices in collaboration with the Czech Statistical Office,
c) deliberates on all offences involving candidate list duplicities,
d) carries out other activities in compliance with this act of law.

Article 15

Local Authorities

Each local authority

a) administers lists of voters for the elections to the European Parliament (Article 27),
b) informs the respective communication centre of another member state of any voter currently featured in its electoral records for the elections to the European Parliament wishing to exercise his/her voting right in the territory of the Czech Republic and included in the list of voters for the elections to the European Parliament in a municipality falling within its administration competence,
c) secures polling stations, personnel and supporting facilities for district election commissions,
d) issues electoral cards (Article 30),
e) deals with all complaints concerning organisational and technical aspects of the elections on the level of election districts,
f) archives election documents,
g) carries out other activities in compliance with this act of law.

Article 16

Mayors

Each mayor

a) makes sure that all voters are informed of the time and place of the elections (Article 32) held in the municipality, town, territorially undivided chartered town, district or precinct of a territorially subdivided town with special powers or district of the City of Prague (hereinafter only “municipality”) falling within his/her competence,
b) makes sure that all voters receive ballot papers,
c) specifies the minimum number of members of every district election commission, taking into account its electorate, no later than 60 days before the date of the elections; each commission shall have at least 5 members, except for districts whose electorate does not exceed 300 persons; such district election commissions may have only four members,
d) summons the first session of the district election commission in a way ensuring that it takes place at least 21 days before the date of the elections,
e) appoints and dismisses the recorders of district election commissions (hereinafter only “recorders”),
f) informs each political party, movement and coalition whose candidate list has been registered of the amount and addresses of election districts, by having such information placed on official boards of local authorities at least 45 days before the date of the elections,
g) carries out other activities in compliance with this act of law.

Article 17

Mayors of Designated Local Authorities and Directors of Regional Authorities

(1) If the mayor or deputy mayor of any municipality fails to meet his/her obligations specified by this act of law or if no mayor or deputy mayor has been elected, the obligations specified by this act of law shall be met by the mayor of the designated local authority within the territory of which such municipality falls. Should the competent mayor of the designated local authority fail to do so or to meet his/her obligations specified by Article 16, all such obligations must be taken care of by the relevant director of the regional authority.

(2) When the mayor of a designated local authority is absent, his/her tasks specified in Section 1 herein are fulfilled by his/her deputy. When the director of a regional authority is absent, his/her tasks specified in Section 1 herein are performed by a person authorised to stand in for him/her.

District Election Commission

Article 18

(1) Each district election commission

a) keeps its polling station in order,
b) organises the voting and supervises its execution,
c) counts votes and prepares a report on election development and results,
d) forwards all electoral documents, except for one copy of its report on election development and results (Article 45, Section 1), to the local authority for safekeeping.

(2) Any citizen of the Czech Republic and any citizen of another member state

a) not disqualified in compliance with Article 5, Section 2,
b) not standing as a candidate for the elections to the European Parliament, and
c) at least 18 years of age when taking his/her oath,

may become a member of a district election commission.

(3) Each political party, movement and coalition whose candidate list for the elections to the European Parliament has been registered may delegate one member and one alternate member to any district election commission no later than 30 days before the date of the elections. If the minimum number of members specified in Article 16, Section c) is not secured in the aforementioned way, the relevant mayor shall appoint the remaining members before the commission’s first session. If the number of members of a district election commission drops below the specified limit in the course of the elections and no alternate members pursuant to the first sentence of this Section are available, the mayor shall appoint other commission members to fill all vacant posts.

(4) Political parties, movements and coalitions shall delegate members and alternate members in compliance with Section 3 by delivering their lists to the mayor. Every such list must feature the first name(s) and surname, the date of birth and the permanent address or residence pursuant to special legal regulations²⁾ (hereinafter only the “place of residence”) of each delegated member or alternate member and the signature of an authorised representative of the political party, movement or coalition presenting such list or other personnel authorised in writing by such authorised representative to sign the list. Such a written approval must be attached to the list. It is also possible to specify to which district election commission the delegated members and alternate members should be appointed. If no such specification is included, their appointment shall be determined by the relevant mayor.

(5) In order to become a member of a district election commission, each delegate has to take the following oath: “I hereby affirm that I shall earnestly and impartially carry out my duties as a member of the district election commission in compliance with the Constitution and all acts of law and other legal regulations of the Czech Republic.” Each delegated or appointed representative takes the aforementioned oath by signing its written form. Upon its signing, he/she takes up his/her office. If the oath is taken by a citizen of another member state, he/she shall add the following sentence in his/her own hand to his/her signature: “I hereby declare that I understand the text I have signed”.

(6) The membership in a district election commission shall expire

a) upon the day the district election commission ends its activities (Article 50),
b) upon death,
c) upon the receipt of a written note by its chairman in which a member resigns his/her membership in the district election commission; such a written note may not be withdrawn,
d) upon the receipt of a written note by its chairman in which a member of the district election commission is dismissed by the same subject that delegated him/her,
e) upon the loss of citizenship of the Czech Republic or another member state,
f) if a member of a district election commission does not perform his/her duties on any election day due to his/her absence for more than 3 hours.

(7) Each recorder must be appointed by the relevant mayor at least 20 days before the first session of district election commission. Although he/she becomes a member of the district election commission, he/she only has advisory status and does not take part in the voting of the district election commission. He/she may present proposals and records the commission’s meetings. He/she is also obligated to take the oath specified in Section 5 herein. The mayors are entitled to dismiss any recorder failing to carry out his/her duties or carrying his/her duties improperly and replace him/her immediately with another person. Any citizen of the Czech Republic or another state may be appointed as a recorder. However, the citizens of other states may be appointed as recorders only on condition that they are employed by one of the territorial self-governing units of the Czech Republic in compliance with special legal regulations¹⁰⁾.

Article 19

(1) Each member whose membership has expired in compliance with Article 18, Section 6 shall be replaced by an alternative member from the same political party, movement or coalition. Such an alternative member shall be appointed by the chairman of the district election commission and his/her membership shall become effective as soon as he/she takes his/her oath in compliance with Article 18, Section 5. If the circumstances defined in Article 18, Section 6, Subsection f) occur and no alternative members are available, the chairman of the district election commission shall point out this fact to the mayor who shall proceed in compliance with the third sentence of Section 3, Article 18.

(2) A district election commission constitutes a quorum if an absolute majority of all its members entitled to vote is present. In order to be adopted, a resolution has to be voted for by an absolute majority of all present members. In the event of equality of votes, the proposal concerned is regarded as rejected.

(3) At its first session, each district election commission shall draw its chairman and deputy chairman under the supervision of its recorder. If the chairman or deputy chairman resigns or cannot conduct his/her duties due to serious reasons, the entire process shall be repeated. If a new chairman of a district election commission is to be drawn, the existing deputy chairman shall not be included in the draw. If a new deputy chairman of a district election commission is to be drawn, the existing chairman shall not be included in the draw.

Chapter III

Candidate Lists

Article 20

Information for Candidates

The Ministry of the Interior shall publish all relevant information on the terms and conditions applicable to the candidates standing for the elections to the European Parliament held in the territory of the Czech Republic at least 80 days before the date of the elections in a way allowing remote access¹¹⁾ in Czech and all working languages of the European Union.

Article 21

Presentation of Candidate Lists

(1) Any registered political party and movement whose activities have not been suspended¹²⁾, including any coalition thereof, may present a candidate list for the elections to the European Parliament. In order to be registered, every candidate list presented by a coalition must be clearly marked as a coalition candidate list by all the political parties and movements associated in it and must feature the name of such coalition and the names of all its members.

(2) Each political party, movement and coalition may only present one candidate list for the same elections to the European Parliament. If a political party or movement presents its own separate candidate list, it cannot form a coalition with other political parties or movements. Each political party and movement may be associated in one coalition only. Each candidate may be included in one candidate list for the same elections to the European Parliament only.

(3) Each political party, movement or coalition must present its candidate list through its authorised representative to the Ministry of the Interior no later than 66 days before the date of the elections. The Ministry of the Interior shall confirm its acceptance of each candidate list to the relevant authorised representative.

(4) Each political party, movement or coalition shall attach to its candidate list a receipt confirming that its statutory contribution to election expenses (hereinafter only the “contribution”) totalling CZK 15,000.00 has been duly settled. The contribution has to be paid to a special account established by the Ministry of the Interior no later than 72 days before the date of the elections and conducted by the Czech National Bank. The Ministry of the Interior shall place the number of such account on its official board located in the building in which the State Election Commission has its seat. The Ministry of the Interior shall also publish the number in a way allowing remote access¹¹⁾. The contribution shall be returned only to those political parties, movements or coalitions whose candidate list has not been registered. Any interest on the contributions and all unreturned contributions form a part of the revenues of the State Budget.

Article 22

The Particulars of Candidate Lists

(1) Each candidate list must include

a) the name of the political party, movement or coalition presenting it and – if it is being presented by a coalition – the political parties or movements forming it,
b) the first name and surname of each candidate, his/her date of birth and sex, the district in which he/she has permanent address²⁾ or – if the candidate is a citizen of another member state – the district of which he/she is a resident in compliance with special legal regulations²⁾ (hereinafter only the “place of residence”), the name of the political party or movement of which he/she is member or a statement that the candidate is not member of any political party or movement (hereinafter only “without party affiliation”),
c) the candidate’s place in the candidate list specified by Arabic numeral,
d) the first name(s) and surname of the representative of the political party, movement or coalition concerned and his/her permanent address or – if he/she is a citizen of another member state – his/her place of residence; each political party, movement and coalition is entitled to specify an alternative representative, stating his/her first name(s) and surname and his/her permanent address or – if he/she is a citizen of another member state – his/her place of residence,
e) the name of the political party or movement proposing a coalition candidate,
f) the signature of the representative of the political party, movement or coalition concerned,
g) the first name and surname of the person authorised to act on behalf of the political party or movement concerned, his/her official title and his/her signature; the first names and surnames of the persons authorised to act on behalf of the political parties and movements forming a coalition, their official titles and their signatures.

(2) Each candidate featured in any candidate list must provide and enclose a confirmation of his/her citizenship and a written statement signed in his/her own hand in which he/she agrees to stand as a candidate and in which he/she declares that he/she is not aware of any disqualifying circumstances or that any and all existing disqualifying circumstances will pass as of the date of elections and that he/she has not agreed to be featured in any candidate list for the elections to the European Parliament in another member state. He/she must also state his/her permanent address or – if he/she is a citizen of another member state – his/her place of residence and his/her date of birth. The candidate’s statement may be executed in Czech or in any other working language of the European Union in compliance with Article 4.

(3) Every citizen of another member state standing as a candidate shall add to the particulars specified in Section 2 herein the address of the electoral district in his/her native member state or another member state in which he/she previously stayed and in whose electoral evidence he/she is still included. He/she must also enclose a certificate issued by the relevant authority of his/her native member state confirming that he/she is not legally disqualified to be elected in his/her native member state or stating that the authority is not aware of any such disqualification. Each such candidate shall also enclose all the documents defined in the first sentence of Section 2 herein.

(4) The number of candidates included by any political party, movement or coalition in its candidate list may exceed the total number of European MPs to be elected within the territory of the Czech Republic by one third at the most.

(5) New candidates may be added to candidate lists and their order changed 60 days before the date of the elections at the latest.

(6) Each political party, movement and coalition acts in all election-related matters through its authorised representative. Any person, except for persons younger than 18 years of age, legally disqualified persons and candidates, designated as such in the relevant candidate list may become an authorised representative or an alternate representative. Each political party, movement and coalition is bound by all election-related acts of its authorised representative. Each political party, movement or coalition may revoke the authorisation of its representative or alternate representative in writing. The authorisation shall be regarded as revoked as soon as delivered to the Ministry of the Interior. If an alternate representative has been nominated, he/she shall become duly authorised as soon as the revocation of the original representative’s authorisation is delivered to the Ministry of the Interior.

Article 23

Consideration and Registration of Candidate Lists

(1) The Ministry of the Interior shall consider all presented candidate lists during a period starting 66 and ending 60 days before the elections. If any candidate list is not presented in compliance with Article 21, if it does not feature all the particulars specified in Article 22 or if it includes incorrect facts, the Ministry of the Interior shall ask the political party, movement or coalition concerned in writing through its representative no later than 58 days before the date of elections to correct its candidate list no later than 50 days before the date of elections. The same time limit shall apply to any correction carried out by a representative without the Ministry’s request.

(2) If a political party, movement or coalition fails to correct any error concerning one of its candidates within the aforementioned time limit, the Ministry of the Interior shall decide no later than 48 days before the date of election to

a) delete such candidate from any candidate list not featuring the statement specified in Article 22, Sections 2 and 3 or featuring the statement in an incorrect or incomplete version,
b) delete any such candidate included in several candidate lists from the candidate list not featuring the statement specified in Article 22, Sections 2 and 3; if the candidate’s signed statement is attached to several candidate lists, the Ministry of the Interior shall delete such candidate from all candidate lists,
c) delete any such candidate failing to present the certificate of citizenship defined in Article 22, Section 2,
d) delete any such candidate failing to present the confirmation defined in Article 22, Section 3,
e) delete all candidates exceeding the maximum possible number of candidates defined in Article 22, Section 4,
f) delete any candidate not stating the particulars defined in Article 22, Section 1, Subsections b) and e) or stating them incorrectly or incompletely,
g) delete any candidate included in several candidate lists of several member states,
h) delete any candidate not meeting the qualification conditions defined in Article 6, Section 1.

(3) The Ministry of the Interior shall decide no later than 48 days before the date of the elections to

a) register the candidate lists meeting all particulars defined in this act of law,
b) reject all candidate lists not presented in compliance with Article 21 or not featuring the particulars defined in Article 22, unless it is possible to proceed in compliance with Sections 1 and 2.

(4) The Ministry of the Interior shall produce the relevant resolution on registration of a candidate list, resolution on rejection of a candidate list or resolution on deletion of a candidate from a candidate list immediately, sending it to the subject entitled to seek protection at a court of justice (Article 56); at the same time, the Ministry of the Interior shall publish its resolution in a way allowing remote access and place it on its official board in the building in which the State Election Commission has its seat, indicating the date of its publication. Any resolution shall be regarded as duly delivered on the third day following its publication.

(5) Each resolution on registration, resolution on rejection of candidate list and resolution on deletion of candidate from candidate list must feature a verdict, including the legal norm on which it is based, its justification, including all facts that have been taken into account, and all relevant appeal information. The Ministry of the Interior is not required to justify its resolutions on registration. The body issuing a resolution must be identified in its written form. Each resolution must also feature the date of its adoption. All resolutions must be stamped with an official stamp and signed and feature the first name(s), surname and title of the employee of the Ministry of the Interior issuing them.

(6) The Ministry of the Interior shall forward a list of all political parties, movements and coalitions, whose coalition lists have been duly presented, to the State Election Commission. The State Election Commission shall draw the number to be featured on all ballot papers for the elections to the European Parliament no later than 45 days before the date of the elections. The State Election Commission shall inform all political parties, movements and coalitions standing for the elections of the result of its draw through its chairman. The Ministry of the Interior shall also publish the result in a way allowing remote access.

(7) The Ministry of the Interior shall register a candidate list even after the end of the time limit specified in Section 3, but no later than 20 days before the date of the elections, if ordered to do so by a court of justice in compliance with special legal regulations¹³⁾. Such registration cannot be challenged at a court of justice.

(8) Registration is one of the conditions of the printing of ballot papers.

(9) Each political party, movement and coalition whose candidate list has not been registered even in compliance with a judicial resolution pursuant to special legal regulations¹³⁾ shall receive its contribution to election expenses back from the Ministry of the Interior within 1 month. If any other amount has been transferred to the special account established by the Ministry of the Interior, the Ministry shall return it to its sender without unnecessary delay.

Article 24

Withdrawals and Resignations of Candidates

(1) Any candidate may resign from a candidate list by delivering a written resignation statement to the Ministry of the Interior at least 48 hours before the date of the election. Any political party, movement or coalition may also withdraw its nomination of any candidate through its authorised representative in the same way. Neither statement can be withdrawn.

(2) If a resignation or withdrawal statement is delivered to the Ministry of the Interior before its registration of the relevant candidate list, the candidate concerned shall not be featured in ballot tickets and the Ministry of the Interior shall change the order of the remaining candidates accordingly.

(3) If a resignation or withdrawal statement is delivered to the Ministry of the Interior after its registration of the relevant candidate list, the concerned candidate’s details shall remain in the candidate list but the preference votes given to such candidate during the elections to the European Parliament shall be disregarded. If a resignation or withdrawal statement is received at least 48 hours before the beginning of the elections, the Ministry of the Interior shall make sure that it is posted by regional authorities at all polling stations.

Article 25

If a political party or movement is dissolved or its activities suspended after its candidate list has been registered, such political party or movement as well as its candidates shall be disregarded in the process of allocation of mandates.

Article 26

Ballot Tickets

(1) After registering all candidate lists the Ministry of the Interior shall arrange the printing of ballot tickets. Each political party, movement and coalition shall have its own ballot tickets.

(2) Each ballot ticket must feature the number drawn in compliance with Article 23, Section 6, full name of the political party, movement or coalition concerned, each candidate’s first name(s) and surname, citizenship, age, occupation, permanent address or – if he/she is a citizen of another member state – his/her place of residence, place in candidate list specified by Arabic numeral and membership in a political party or movement or the fact that he/she is without party affiliation. If the candidate stands for a coalition, it is necessary to state the political party or movement by which he/she has been nominated. The authorised representatives of all political parties, movements and coalitions may check whether the details featured in ballot tickets are correct before their printing, within 2 working days after being invited to do so by a notification of the Ministry of the Interior posted by the Ministry of the Interior on its official board in the building in which the State Election Commission has its seat.

(3) All ballot papers must be printed in the same font of the same size on paper of the same colour, quality and dimensions. All ballot papers must be stamped with the official stamp of the Ministry of the Interior.

(4) The Ministry of the Interior shall forward ballot papers through regional authorities to mayors who will be in charge of distributing them among the voters no later than 3 days before the date of the election and sending them to all district election commissions on the day of the elections. All voters using election cards (Article 30) shall receive ballot papers at the polling station of their choice.

(5) Ballot papers featuring obvious printing errors shall not be reprinted; the Ministry of the Interior shall make sure that information on such errors in Czech and all working languages of the European Union are made available by regional authorities at every polling station, together with their correct version.

Chapter IV

The List of Voters for the Elections to the European Parliament

Article 27

The lists of voters are administered by local authorities for each election to the European Parliament separately.

Article 28

Preparation of the List of Voters for the Elections to the European Parliament

(1) Each local authority shall prepare its list of voters for the elections to the European Parliament by recording the following details in it no later than 40 days before the date of the elections:

a) all information from its permanent list of voters administered in compliance with special legal regulations¹⁴⁾,
b) all information concerning citizens of other member states included in appendix to its permanent list of voters administered in compliance with special legal regulations¹⁴⁾ at the request of such citizens (Article 29, Section 3),
c) all information on the voters asking to be included in the list of voters for the elections to the European Parliament in compliance with this act of law (Article 29, Sections 1 and 2),
d) all information on the citizens of the Czech Republic having a permanent address in its administration area and 18 years old at least on the second day of the elections to the European Parliament in accordance with the evidence of citizens.

(2) In addition, no later than 20 days before the date of the elections each local authority shall include in its list of voters for the elections to the European Parliament all voters not having a permanent address or place of residence within its administration area in compliance with special legal regulations²⁾ but at the same time within its administration area

a) conducting their military or alternative military service,
b) staying in a hospital, maternity home, sanatorium, social care institution or similar facility, or
c) being held in custody or in detention or serving a prison term¹⁵⁾ and reported to the local authority by the commanding officer or director of such facility; the commanding officer or director of such facility shall also inform of this fact the local authority in whose permanent list of voters the reported person is registered.

(3) No later than 15 days before the date of the elections each local authority shall delete from its list of voters for the elections to the European Parliament produced in compliance with Sections 1 and 2 all voters who

a) have asked to be included in a special list of voters administered by any embassy (Article 11),
b) have been included in the list of voters for the elections to the European Parliament by another local authority in compliance with Section 2.

(4) No later than on the date the list of voters for the elections to the European Parliament is closed each local authority shall delete all voters who

a) inform the Ministry of the Interior that they wish to vote in the elections to the European Parliament in another member state,
b) apply for an electoral card (Article 30),
c) although registered in the list of voters for the elections to the European Parliament in compliance with Section 1, Subsection b), do not apply for registration in this list at least 40 days before the date of the elections.

Article 29

Application for Registration in the List of Voters for the Elections to the European Parliament

(1) Any citizen of another member state entitled to vote in compliance with Article 5 but not included in appendix to the permanent list of voters defined by special legal regulations¹⁴⁾ may express his/her will to vote in the elections to the European Parliament held in the territory of the Czech Republic, by applying to the local authority in whose evidence of citizens he/she is included in compliance with special legal regulations²⁾ for registration in the list of voters for the elections to the European Union. Any such application may be presented 40 days before the date of the elections at the latest.

(2) Each application presented in compliance with Section 1 must feature a copy of a document confirming that the applicant is registered in the evidence of citizens in compliance with special legal regulations²⁾ and also an affirmation verifying his/her citizenship and place of residence, the electoral district in which he/she has been so far registered for the elections to the European Parliament and his/her intention to vote in the elections to the European Parliament only in the territory of the Czech Republic.

(3) Any citizen of another member state included in an appendix to the permanent list of voters defined by special legal regulations¹⁴⁾ may express his/her will to vote in the elections to the European Parliament in the territory of the Czech Republic, by applying to the local authority administering such appendix in which he/she is included¹⁴⁾ to transfer his/her personal details featured therein¹⁴⁾ to permanent list of voters for the elections to the European Union. Any such application must also include his/her affirmation featuring the details specified in Section 2 herein.

(4) The local authority administering his/her details shall inform each applicant for registration in the list of voters for the elections to the European Parliament no later than 15 days before the date of the elections whether his/her application has been approved or rejected.

Article 30

Election Card

(1) Election cards are issued

a) by local authorities to any voter registered in their lists of voters for the elections to the European Parliament but unable or not wishing to vote in the electoral district in which he/she is registered,
b) by embassies to any citizen of the Czech Republic included in their special lists of voters and having his/her address within the territory of their competence.

(2) Every voter may apply for an election card from the date the elections are announced, by delivering his/her duly signed written application to the relevant local authority or embassy at least 15 days before the date of the elections. The local authority or embassy concerned shall hand such electoral card over to the applicant or his/her representative acting in accordance with a power of attorney featuring the applicant’s legalised signature personally or have it sent to him/her. No election card shall be issued if the embassy concerned is informed by the Ministry of the Interior that the applicant has already asked to be registered in the list of voters of another member state.

(3) Each holder of an election card is entitled to vote in the elections to the European Parliament on any election day in any election district located within the territory of the Czech Republic.

Article 31

Each local authority shall close its list of voters for the elections to the European Parliament 2 days before the date of the elections and send its copies featuring all deleted voters and the reason of their deletion (hereinafter only the “excerpt for the elections to the European Parliament”) to individual district election commissions.

Chapter V

The Vote

Article 32

Information for the Voters

(1) The Ministry of the Interior shall publish the terms and conditions governing the voting in the elections to the European Parliament held in the territory of the Czech Republic 80 days before the date of the elections in Czech and all working languages of the European Union in a way allowing remote access¹¹⁾.

(2) Each mayor shall announce the place and time of the elections in his/her municipality no later than 15 days before the date of the elections in a customary way. If more election districts are established, he/she shall specify the areas falling within the competence of each of them. His/her announcement must be published within every area and include the respective addresses of all polling stations.

(3) The announcement defined in Section 2 herein must also inform the voters of their obligation to establish their identity and citizenship before voting and include all other information warranting that the elections will not be disturbed.

(4) All municipalities establishing committees for national minorities in compliance with special legal regulations¹⁶⁾ must issue their announcement in compliance with Sections 2 and 3 herein also in the language of the national minority concerned.

(5) Citizens of the Czech Republic staying abroad are informed of the elections to the European Parliament held in the territory of the Czech Republic by individual embassies in compliance with Article 11.

(6) Information on basic principles of voting in the elections to the European Parliament within the territory of the Czech Republic in all languages of EU member states shall be provided upon request by each regional and local authority.

Article 33

Polling Stations

(1) On each building housing a polling station shall fly the flags of the Czech Republic and the European Union. Each polling station shall be decorated with a large state symbol.

(2) Each polling station in every election district shall be equipped with a ballot box and a mobile ballot box, a sufficient amount of ballot tickets, empty envelopes stamped with official stamps (hereinafter only “official envelopes”), pens, excerpts for the elections to the European Parliament and this act of law. This act of law must be provided upon request in Czech and all working languages of the European Union. If the elections to the European Parliament are organised together with another type of elections, the equipment of polling stations must reflect this fact (Article 64).

(3) Special sections shall be designated for the completion of ballot tickets. Such sections must be separated in compliance with the principle of secret ballot. Taking into account the number of voters in his/her election district, each mayor shall specify how many sections are to be provided.

(4) The following documents must be posted at every polling station, at a clearly visible place: ballot tickets marked as “samples”, all statements of withdrawal or resignation delivered at least 48 hours before the date of the elections, both in Czech and in the other working languages of the European Union, and information on basic principles of the voting in the elections to the European Parliament held in the territory of the Czech Republic in the respective languages of all member states of the European Union.

(5) Official envelopes must not be transparent and must be made of the same paper of the same colour, quality and size. If the elections to the European Parliament are organised together with another type of elections, the official envelopes for the elections to the European Parliament must have a different colour than the envelopes for the other elections.

Article 34

Commencement of the Voting

(1) Prior to the voting the chairperson of a district election commission shall check whether the polling station is equipped in compliance with Article 33 herein and whether both the ballot box and the mobile ballot box are empty. After that the chairperson shall seal them at the presence of the other members of district election commission.

(2) When the check defined in Section 1 herein has been completed, the chairperson of district election commission declares the voting commenced.

Article 35

Order at the Polling Station and its Immediate Vicinity

The order at each polling station and its immediate vicinity falls within the responsibility of the chairperson of the relevant district election commission. His/her instructions concerning the order and undisturbed course of the voting are binding for all persons present.

Article 36

Voting Principles

(1) Every voter must vote personally. No representation is permissible.

(2) The voters appear before the district election commission and vote in the order in which they arrive at the polling station.

(3) After entering a polling station, each voter shall establish his/her identity and citizenship of the Czech Republic by a valid regular, diplomatic or service passport of the Czech Republic, by another travel document¹⁷⁾ (hereinafter only the “passport”) or by a valid personal identity card¹⁸⁾. Every citizen of another member state shall establish his/her identity and citizenship of another member state and the fact that he/she is included in the evidence of citizens of the Czech Republic in compliance with special legal regulations²⁾ after arriving at the relevant polling station. As soon as he/she is marked in an excerpt for the elections to the European Parliament, every voter shall receive an empty official envelope from district election commission. At a request, his/her missing, crossed out or otherwise marked ballot tickets will be replaced by the district election commission.

(4) If a voter fails to establish his/her identity and citizenship of the Czech Republic or another member state or if a citizen of another member state fails to prove that he/she is registered in the evidence of citizens in compliance with special legal regulations²⁾, he/she shall not be permitted to vote.

(5) No voter not included in an excerpt for the elections to the European Parliament shall be permitted to vote by the district election commission. This provision shall not be applied to voters using electoral cards.

(6) Each voter using an electoral card shall hand it over to the district election commission after establishing his/her identity and citizenship in compliance with the first or second sentence of Section 3. His/her electoral card shall be attached to and his/her name added to the excerpt for the elections to the European Parliament by the district election commission.

(7) No other personnel, including the members of district election commission, may enter the section designated for the completion of ballot tickets with any voter. This provision does not apply to voters unable to complete their ballot tickets themselves due to disability or illiteracy. Such voters may be accompanied by another voter, excluding the members of the district election commission, who will complete their ballot ticket in accordance with their instructions and place it in an official envelope.

(8) Any voter may ask his/her local authority and – during the elections – also the relevant district election commission to be allowed to vote outside the polling station, at a place located in the area falling within the district election commission’s territorial competence, due to serious, above all health-related, reasons. In such a case, the district election commission concerned shall send two of its members equipped with a mobile ballot box, an official envelope, ballot tickets and excerpt for the elections to the European Parliament to the place chosen by the voter. The members of district election commission are obligated to proceed in compliance with the principles of secret ballot.

Article 37

Voting Procedure

(1) After receiving an official envelope and ballot tickets – where applicable – each voter shall enter the section designated for the completion of ballot tickets. Here, the voter shall place one ballot ticket into the official envelope. He/she may circle the identification numbers of up to 2 candidates on any ballot ticket and – on the same ballot ticket – indicate his/her preference of one of them. No other modifications of a ballot ticket shall be taken into account in the course of its consideration.

(2) After leaving the section designated for the completion of ballot tickets, each voter shall place the envelope containing his/her ballot ticket into a ballot box before the district election commission. If a voter is unable to place the envelope containing his/her ballot ticket into a ballot box, he/she may ask any other voter, except for the members of the district election commission, to do so.

(3) The voters who do not enter the section designated for the completion of ballot tickets shall not be permitted to vote by the district election commission.

Article 38

Suspension of the Voting

(1) If any circumstance preventing the voting to be commenced, continued or concluded occurs, district election commission may postpone the beginning of the voting, suspend the course of the voting or extend the time limit of the voting by up to 1 hour. Such a measure must be reported by the district election commission to the voters, local authority and regional authority in a customary way.

(2) If the voting is suspended, the district election commission shall secure all election documents and seal both the ballot box and the mobile ballot box in a way warranting that no official envelope may be placed inside or removed. When the voting is resumed, the chairperson of district election commission shall check whether the seals are not broken and then remove them in the presence of the remaining members.

(3) If the beginning of the voting is postponed, if the voting is suspended or if the time limit of the voting is extended, this fact must be recorded by the district election commission in its report on the course and results of the voting. It is also necessary to specify why the beginning of the voting has been postponed, the voting suspended or the time limit of the voting extended.

(4) As soon as the voting is concluded at the end of the first day of the elections, the procedure specified in Section 2 shall be applied.

Article 39

Monitoring of the Voting and Counting of the Votes

(1) The Ministry of the Interior and the relevant regional authority may carry out on-site checks of the voting and/or check the process of counting of the votes by the members of the district election commission. Any such inspection shall be recorded and the resulting report attached to election documents.

(2) All instructions of the Ministry of the Interior and the relevant regional authority, except for instructions concerning determination of election results, must be followed by district election commissions. All detected minor problems shall be dealt with immediately by the chairperson of the district election commission concerned. If serious problems are detected, the Ministry of the Interior or regional authority shall instruct the district election commission concerned to deal with them in compliance with Section 38.

Article 40

Conclusion of the Voting

(1) Each polling station shall be closed at the end of the time limit designated for the voting on the second day of the elections. However, all voters present inside polling stations or waiting outside shall be allowed by district election commissions to vote. After that the chairpersons of district election commissions shall declare the elections concluded and all district election commissions shall implement the suspension measures specified in Article 38, Section 2 and leave their polling stations until the last polling station within the territory of the European Union has been closed. As soon as they return to their polling stations, all district election commissions shall start to count the votes. The Ministry of the Interior shall inform all chairpersons of district election commissions of the anticipated closing time of the last polling station within the territory of the European Union through regional authorities and mayors before the beginning of the elections.

(2) If several sealed ballot boxes and election documents from various election districts are placed at the same place at the end of the first day of the elections, each ballot box and election document must be marked with the number of the relevant election district.

Chapter VI

Determination of Election Results

Article 41

The persons entitled to be present in the room in which the votes are being counted by district election commissions include the employees of the Czech Statistical Office authorised in compliance with Article 12, Section 2, Subsection d), the employees of regional authorities certified in compliance with special legal regulations⁶⁾, members of the State Election Commission and its secretariat and other personnel approved by the State Election Commission.

Article 42

Counting of the Votes by District Election Commissions

(1) As soon as the counting of the votes begins in compliance with Article 40, the chairperson of each district election commission shall have all remaining unused ballot tickets, except for those designated for the counting of preferential votes, and official envelopes sealed. Next, all ballot boxes as well as all mobile ballot boxes, if they have been deployed by the district election commission at an expressive request of individual voters, shall be opened.

(2) All official envelopes containing ballot tickets shall be taken out of individual ballot boxes and mixed together. All envelopes that are not official envelopes shall be excluded by the district election commission. All ballot tickets put in any ballot box or mobile ballot box without an official envelope shall also be excluded. After that, all official envelopes shall be counted by the district election commission and their number compared with the figures recorded in excerpts for the elections to the European Parliament.

(3) All ballot tickets shall be taken out of official envelopes by the district election commission. All invalid ballot tickets shall be excluded and the remaining valid ballot tickets divided into groups according to individual political parties, movements and coalitions. The votes given to individual political parties, movements and coalitions as well as all preferential votes given to individual candidates shall be counted.

(4) Each member of a district election commission is entitled to check ballot tickets. The chairperson of the district election commission shall monitor the process of counting.

Article 43

Assessment of Ballot Tickets

(1) Even those ballot tickets on which the names of individual candidates have been crossed out, changed or added shall be counted and allocated to individual political parties, movements and coalitions. All such modifications shall, however, be disregarded. If a voter gives his/her preferential vote to more than 2 candidates, his/her ballot ticket shall be duly allocated to the relevant political party, movement or coalition but all preferential votes shall be disregarded.

(2) Those ballot tickets that do not correspond with the official form, are torn or are not placed in an official envelope shall be regarded as void. Folded or damaged ballot tickets shall be regarded as valid as long as they include all relevant required information. If an envelope contains more than one ballot ticket, its content shall be regarded as void. If the elections to the European Parliament are held together with another type of elections, all ballot tickets placed in incorrect ballot boxes shall be regarded as void (Article 64).

(3) The validity of ballot tickets shall be confirmed by the district election commission.

Article 44

Records of the Course and Results of the Voting in an Election District

(1) Each district election commission shall produce a record of the course and results of the voting in two counterparts. The record shall be signed by all members of the district election commission. Should any member refuse to sign it, his/her reasons shall be specified in a separate schedule.

(2) Each record of the course and results of the voting produced by district election commission shall specify

a) the beginning and conclusion of the voting and – where applicable – the beginning and conclusion of its postponement, suspension or extension, including the reasons thereof,
b) the overall number of persons in the election district included in the excerpt for the elections to the European Parliament,
c) the number of voters issued with official envelopes,
d) the amount of submitted official envelopes,
e) the amount of valid votes given to each political party, movement and coalition and the overall amount of valid votes,
f) the amount of valid preferential votes given to individual candidates,
g) a brief review of all notifications and complaints presented to and all resolutions adopted by the district election commission, including a rationale, in a separate schedule.

(3) To report the information specified in Section 2, Subsection f), the district election commission shall use the necessary amount of unused ballot tickets marked as accessory ballot tickets for the purpose of counting of preferential votes by the chairperson of the district election commission in the presence of other members of the district election commission after the end of the voting.

(4) Only the software supplied by the Czech Statistical Office may be used by district election commissions to produce computer records of the course and result of the voting and/or to record election-related data on a medium.

Article 45

Forwarding of the Record of the Course and Results of the Voting to the Czech Statistical Office

(1) As soon as a record of the course and results of the voting is signed, the chairperson of the district election commission or another authorised member of the district election commission shall immediately hand one counterpart, together with the results of the voting, where applicable, on a data medium over to the Czech Statistical Office through its temporary office located within the premises of designated local authority.

(2) If the forwarded record of the course and results of the voting contains errors and the chairperson of district election commission or another authorised member of district election commission is entitled to make changes in the record of the course and results of the voting, all such errors shall be corrected on the spot. If the chairperson of the district election commission or another authorised member of the district election commission is not entitled to make changes or if materials located at the polling station are necessary in order to correct such errors, the record of the course and results of the voting shall be rejected and an additional time limit for the correction of all errors and production of a new record of the course and results of the voting specified.

(3) After handing the record of the course and results of the voting over for further processing, the chairperson of the district election commission or another authorised member of the district election commission shall receive a written document in the form of computer configuration confirming that the results of the voting in his/her election district have been forwarded for further processing without errors. The Czech Statistical Office shall also issue a directive stating that district election commission may conclude its session. The provisions of Article 50 shall remain unaffected.

(4) Should any district election commission fail to meet its obligations specified in Section 1 at the request of the Czech Statistical Office within 24 hours after starting to count the votes in compliance with Article 40, or within the time limit specified in Section 2 herein, such an election district may be disqualified and not included in overall voting results. After the expiration of the said period the voting results achieved in such election district shall be disregarded.

(5) All returned ballot tickets and official envelopes, excerpts for the elections to the European Parliament, one counterpart of the record of the course and results of the voting, all submitted electoral cards, confirmation of the acceptance of the voting results for further processing and all reports on the inspections carried out by the Ministry of the Interior or regional authorities shall be sealed by the district election commission and handed over, together with all other election-related documents, to the local authority for safekeeping.

Article 46

Information for Political Parties, Movements and Coalitions

(1) Every political party, movement and coalition whose candidate list has been registered may, at least 15 days before the date of elections, inform the Czech Statistical Office of its contact address. The Czech Statistical Office shall immediately provide any such political party, movement and coalition with parameters that can be used to establish technical connection with the Czech Statistical Office and to obtain information on the results of the elections held in the territory of the Czech Republic in electronic form. The cost of such connection shall be borne by the political parties, movements and coalitions.

(2) Immediately after signing each record, the Czech Statistical Office shall send summary information on the results of the elections in written or electronic form to the respective addresses of authorised representatives of all political parties, movements and coalitions whose candidate lists have been registered.

Article 47

Inclusion in Scrutiny

(1) Using the voting results of individual election districts provided by designated local authorities in compliance with Article 45, the Czech Statistical Office shall determine the overall amount of valid votes given to all political parties, movements and coalitions.

(2) Every political party, movement and coalition acquiring at least 5% of the overall amount of valid votes shall be included in scrutiny.

Article 48

Scrutiny

(1) The overall amount of valid votes given to each political party, movement and coalition included in the scrutiny shall be successively divided by 1, 2 and 3 and then always by a figure higher by 1. The total amount of calculated fractions shall correspond with the overall number of candidates specified in the ballot ticket, excluding the candidates who have resigned or have been withdrawn after the registration of candidate lists in compliance with Article 24. All fractions shall be calculated to two decimal positions and rounded up.

(2) All fractions calculated in compliance with Section 1 shall be arranged in descending order. The resulting list of fractions must equal the number of MPs to be elected. If 2 or more fractions are equal, their order shall be determined by the overall amount of votes given to the political party, movement or coalition concerned. If the amounts of votes are also the same, the order shall be drawn. Each fraction shall be stated together with the name of the political party, movement or coalition to which it relates.

(3) Each political party, movement and coalition shall receive 1 mandate for each fraction included in the list defined in Section 2 herein.

(4) The order in which the candidates of individual political parties, movements and coalitions receive mandates pursuant to Section 2 shall be determined by their order in ballot ticket.

(5) If the amount of preferential votes acquired by any candidate is equal to or exceeds 5% of the overall amount of valid votes given to his/her political party, movement or coalition, such candidate shall be given priority over the other candidates in the process of allocation of mandates.

(6) If more candidates meet the condition defined in Section 5 herein and their political party, movement or coalition acquires several mandates, all such candidates shall be given priority over the other candidates and the order of such candidates shall be determined by the actual amount of preferential votes acquired by each of them. If several candidates obtain the same amount of preferential votes, their order in the process of allocation of mandates shall be determined by their order in the ballot ticket. The order of all candidates not meeting the condition defined in Section 5 shall be determined by their order in the ballot ticket.

(7) The unelected candidates of all political parties, movements and coalitions acquiring at least 1 mandate shall become alternate members. The order of individual candidates within such political parties, movements and coalitions shall be specified in compliance with Sections 4 through 6.

Article 49

Record of the State Election Commission and Publication of Election Results

(1) After completing its scrutiny, the State Statistical Office shall produce a record of election results and forward it to the State Election Commission for approval. The record must be signed by all members of the State Election Commission. Should any member of the State Election Commission refuse to sign it, his/her reasons shall be specified in a separate schedule.

(2) Each record approved by the State Election Commission shall specify:

a) the overall number of persons registered in excerpts for the elections to the European Parliament,
b) the overall number of voters issued with official envelopes,
c) the overall amount of submitted official envelopes,
d) the respective amounts of valid votes given to individual political parties, movements and coalitions,
e) first names and surnames of all elected candidates in accordance with their membership in individual political parties, movements and coalitions, first names and surnames of all candidates acting as alternate members and information on preferential votes.

(3) The State Election Commission shall publish the overall result of the elections in daily periodical newspapers¹⁹⁾ and also in a way allowing remote access immediately after signing its record of election results. The date of such publication must also be announced in daily periodical newspapers.

Article 50

Termination of Activities of District Election Commissions

All activities of district election commissions shall be terminated fifteen days after the date of publication of the results of the elections to the European Parliament by the State Election Commission.

Article 51

Certificate of Election

(1) The State Election Commission shall provide each candidate elected to the European Parliament with a certificate verifying his/her election within 1 month following the date of publication of election results.

(2) The State Election Commission shall issue a certificate of election to an alternate candidate in compliance with Article 48 within 7 days after the effective date of the judicial verdict declaring the election of the original candidate invalid.

Chapter VII

Establishment and Expiration of Mandates, Incompatibility of Offices and Succession of Alternate Members

Article 52

(1) The mandate of each member of the European Parliament shall be established upon the commencement of the first meeting of the European Parliament in its new five-year term of office.

(2) The mandate of each member of the European Parliament shall expire

a) upon his/her death,

b) as a result of legal disqualification in compliance with Article 6,
c) at the end of his/her term of office,
d) as a result of his/her resignation, or
e) as a result of incompatibility of offices (Article 53).

(3) The expiration of a mandate shall be announced by the State Election Commission in a resolution adopted at its meeting summoned for this purpose no later than 30 days after the date of expiration of such mandate. The State Election Commission shall send its resolution immediately to any subject entitled to challenge it at a court of justice (Article 57, Section 3). At the same time, the State Election Commission shall post its resolution on the official board of the Ministry of the Interior located in the building in which the State Election Commission has its seat and publish it in a way allowing remote access. Any such resolution shall be regarded as duly delivered on the third day following its publication.

Article 53

(1) The office of a member of the European Parliament is incompatible with

a) membership in the Commission of the European Communities,
b) the office of a judge, general attorney or secretary of the Court of Justice of the European Communities and with the office of a judge or secretary of the Court of First Instance,
c) membership in the Court of Auditors of the European Communities and membership in the Board of Directors of the European Central Bank,
d) the office of an ombudsman of the European Communities,
e) membership in the European Economic and Social Committee or in the European Atomic Energy Community,
f) membership in any committee or another body established in compliance with the Treaties establishing the European Economic Communities and the European Atomic Energy Community and managing financial means of the European Communities,
g) membership in any committee or another body established in compliance with the Treaties establishing the European Economic Communities and the European Atomic Energy Community and conducting permanent and direct administration tasks,
h) membership in the Board of Governors or the Steering Committee, employment in the European Investment Bank, or
i) the position of an active official or an employee of any body of the European Communities, its associated specialised bodies or the European Central Bank.

(2) The office of a member of the European Parliament is furthermore incompatible with

a) membership in the government of the Czech Republic,
b) the office of the President of the Czech Republic,
c) the office of a member of the Chamber of Deputies of the Parliament of the Czech Republic,
d) the office of a member of the Senate of the Parliament of the Czech Republic,
e) the office of a judge of the Czech Republic,
f) the office of a public prosecutor of the Czech Republic,
g) the office of an ombudsman of the Czech Republic, or
h) other offices specified by special legal regulations.

Article 54

Succession of Alternate Members

(1) If a mandate becomes vacant, it shall be taken by an alternate member included in the candidate list of the same political party, movement or coalition. The order of such alternate members shall be determined by election results.

(2) If no alternate member is included in the candidate list of the same political party, movement or coalition, the mandate shall remain vacant until the end of the electoral term.

(3) If the political party or movement entitled to nominate an alternate member has been dissolved, the mandate shall remain vacant until the end of the electoral term. However, if such a dissolved political party or movement stood in the elections as a part of a coalition, the mandate shall be taken by an alternate member from another political party or movement associated in the same coalition.

(4) If the activities of any independent political party or movement or any political party or movement associated in a coalition are suspended, the mandate shall remain vacant for the entire suspension period.

(5) The succession of an alternate member of the European Parliament shall be announced by the State Election Commission within 15 days following the date of expiration of the original mandate or in the case of the circumstances defined in Section 4 within 15 days following the date on which the activities of the political party or movement concerned are resumed¹²⁾. If a political party or movement whose activities have been suspended is dissolved and if such a political party or movement is associated in a coalition, the State Election Commission shall proceed in compliance with Section 3 herein.

(6) The State Election Commission shall provide each alternative member with a certificate confirming that he/she is a member of the European Parliament and specifying the effective date of his/her appointment and report this fact to the European Parliament immediately.

Chapter VIII

Judicial Revision

Article 55

A court of justice may be asked to decide on any case of errors and discrepancies in the list of voters for the elections to the European Parliament in compliance with special legal regulations¹³⁾ no later than 30 days before the date of the elections.

Article 56

Any political party, movement or coalition whose candidate list has been registered or rejected or whose candidate has been deleted from its candidate list and any candidate deleted from a candidate list may appeal against such decision at a court of justice in compliance with special legal regulations¹³⁾ within 2 days after receiving it.

Article 57

(1) Any voter included in the list of voters for the elections to the European Parliament or in an excerpt from such a list and any political party, movement or coalition whose candidate list for the elections to the European Parliament held in the territory of the Czech Republic has been duly registered (hereinafter only the “plaintiff”) may seek judicial protection in compliance with special legal regulations¹³⁾, by presenting a motion to declare the election of a candidate void. Such a motion must be presented no later than 10 days after the election results have been announced by the State Election Commission.

(2) A motion to declare the election of a candidate void may be presented if the plaintiff is convinced that this act of law has been breached in a way affecting the election of such a candidate.

(3) Any member of the European Parliament whose mandate has been declared as expired by the State Election Commission or the political party, movement or coalition by which such a member was nominated in the elections to the European Parliament may seek protection at a court of justice against such declaration of the State Election Commission in compliance with special legal regulations¹³⁾ within 2 days after receiving it.

Article 58

(1) The proceedings defined in Articles 56 and 57 fall within the competence of the Supreme Administrative Court of the Czech Republic.

(2) The provisions of Chapter II, Volume 4, Part 3 of the Rules of Judicial Administration Proceedings¹³⁾ shall be applied accordingly to all cases of judicial protection concerning lists of voters, registrations, invalidity of election or mandate expiration.

Chapter IX

Election Campaign, Entitlements of the Members of District Election Commissions and Entitlements of the Candidates

Article 59

Election Campaign

(1) Each mayor may reserve a space for election posters 16 days before the date of the elections. He/she must ensure that any such space can be used equally by all political parties, movements and coalitions.

(2) The election campaign must be honest and fair. No false information may be published on individual candidates or political parties, movements and coalitions.

(3) No results of pre-election and election polls may be published in any way between the third day preceding the elections to the European Parliament and the end of the voting within the territory of the Czech Republic.

(4) In total, Czech Radio and Czech Television shall reserve 14 hours of broadcasting time free of charge for all political parties, movements and coalitions whose candidate list has been registered for the elections to the European Parliament. The aforementioned time shall be divided equally among all such political parties, movements and coalitions. The broadcasts shall begin 16 days before the date of the elections and end 48 hours before the date of the elections. The particular times of individual broadcasts shall be determined by draw. The political parties, movements and coalitions shall bear full responsibility for their broadcasts.

(5) No election campaign concerning any political party, movement or coalition or any candidate may take place in the buildings in which polling stations are located and in their immediate vicinity on election days.

(6) No member of any district election commission may provide any information on the course of the elections until the record of the course and results of the elections has been signed; however, it is permitted to state how many voters have already cast their vote.

Article 60

Entitlements of the Candidates

(1) Each candidate is entitled to ask his/her employer or another subject of a similar legal standing for unpaid holiday leave from the day following the date of registration of the candidate list in which he/she is included until the day immediately preceding the date of the elections. His/her activities during the aforementioned period shall be regarded as acts in the public interest²⁰⁾.

(2) No candidate’s labour or similar relations must be negatively affected by the fact that he/she runs in the elections. The holiday leave specified in the previous Section shall be regarded as hours worked.

Article 61

Entitlements of Members of District Election Commissions

Each member of any district election commission is entitled to receive remuneration for his/her performance of his/her official duties. His/her entitlement to paid holiday leave related to his/her performance of election-related duties is addressed by labour legislation²⁰⁾. Any member of a district election commission who is not employed or in a similar legal relationship but is economically active shall be entitled to receive a lump-sum compensation for lost earnings for the entire period of his/her performance of election-related duties.

Chapter X

Offences and other Administrative Torts

Article 62

(1) Any voter asking to be registered in the election evidence of another member state and also in the list of voters for the elections to the European Parliament in the Czech Republic is committing an offence. Such an offence shall be dealt with by the designated local authority competent for the area in which the voter has his/her permanent address or place of residence. Any such voter may be fined up to CZK 5,000.00. All imposed fines shall be regarded as revenues of the State Budget. The applicable procedures are defined by special legal regulations²¹⁾.

(2) Any private individual publishing pre-election or election polls in the period starting on the third day before the elections to the European Parliament and ending on the day the voting is completed in the territory of the Czech Republic is committing an offence. Such an offence shall be dealt with by the regional authority competent for the area in which the private individual has his/her permanent address or place of residence. Any such private individual may be fined up to CZK 30,000.00. All applicable procedures are defined by special legal regulations²¹⁾.

Article 63

Any corporate body publishing pre-election or election polls in the press or in the course of television or radio broadcasting in the period starting on the third day before the elections to the European Parliament and ending the day the voting is completed in the territory of the Czech Republic is committing an administrative tort. Any such corporate body may be fined up to CZK 500,000.00. The aforementioned fine shall be imposed by the regional authority competent for the area in which the corporate body has its registered office. All related administrative proceedings must be completed within 3 years following the relevant breach of obligation. Any such fine must reflect the seriousness and method of unlawful actions. The imposition of a fine does not affect the provisions of special legal regulations²²⁾. Each fine shall be payable within 30 days following the legally effective date of the resolution by which it has been imposed. All fines shall be regarded as revenues of the regional authority by which they have been imposed.

Chapter XI

Joint and Enabling Provisions

Article 64

(1) If the elections to the European Parliament are held on the same day as another type of election,

a) all district election commissions established in compliance with this act of law shall act as district election commissions for all types of elections,
b) each mayor shall point out all specific features of concurrent elections in his/her announcement made in compliance with Article 32 and, at the same time, shall post his/her announcement at every polling station, including the premises designated for the completion of ballot tickets,
c) each local authority shall make sure that there are at least 2 ballot boxes and 2 mobile ballot boxes at every polling station situated in its election district, that the ballot tickets concerning the elections to the European Parliament and the ballot tickets concerning the other types of elections are separated and that it is clearly specified for which type of elections each ballot box is designated,
d) at the end of the voting, each district election commission shall count the votes from the ballot boxes designated for other types of elections than the elections to the European Parliament in the way defined by special legal regulations²³⁾; each district election commission shall then proceed in compliance with Chapter VI of this act of law.

(2) In the case defined by this Article a district election commission may only end its activities when all its tasks concerning all the types of elections taking place have been duly completed.

Article 65

Contribution to Election Expenses

After verifying the results of the elections to the European Parliament, the Czech Statistical Office shall inform the Ministry of Finance of the amount of valid votes obtained by individual political parties, movements and coalitions. Each political party, movement or coalition acquiring at least 1% of the overall amount of valid votes shall receive CZK 30.00 from the State Budget for every obtained vote.

Article 66

All expenses of public administration authorities and election bodies related to the elections to the European Parliament shall be settled from the State Budget.

Article 67

Time Limits

(1) The time limits specified in this act of law do not include the days determining their beginning. This provision shall not be applied to time limits specified in hours.

(2) Each time limit specified in hours shall expire at the end of the hour whose designation corresponds with the hour on which the circumstances indicating its beginning occurred.

(3) The time limits specified in days shall be regarded as met by the relevant authorities if the acts concerned are executed on their last day before 4 p.m.

(4) The aforementioned time limits may not be extended and their default may not be waived.

Article 68

The Rules of Administration Procedure shall not be applied to this act of law, except for Articles 62 and 63.

Article 69

Unless contravening valid legislation, all organisational and technical measures adopted in compliance with this act of law by competent public administration authorities in connection with their preparations of the elections to the European Parliament before the effective date of this act of law shall be regarded as if adopted after its effective date.

Article 70

In its edict the Ministry of the Interior shall specify

a) the procedure to be followed by all local authorities preparing and administrating the lists of voters for the elections to the European Parliament,
b) in collaboration with the Czech Statistical Office
  1. the procedure to be followed by the Ministry of the Interior in the process of forwarding of the source information from candidate lists used by the Czech Statistical Office to generate registers and classifiers of individual candidates and political parties, movements and coalitions and in the process of verification of the information stated by individual political parties, movements and coalitions in their candidate lists,
  2. the procedure to be followed by the State Election Commission in the process of drawing of the numbers identifying ballot tickets,
  3. the procedure to be followed by the Ministry of the Interior, regional authorities and local authorities in the process of safekeeping and archiving of ballot tickets and other election documents,
  4. the examples of candidate lists, ballot tickets, electoral cards, certificates of election, all forms used to establish and process the voting results of the elections to the European Parliament and other documents,
c) more detailed terms and conditions of the way election contributions are paid and returned – in collaboration with the Ministry of Finance,
d) the amount of special remuneration of the members of district election commissions, the method of its settlement and payment and the amount of lump-sum compensation for the performance of election-related duties by the members of district election commissions in compliance with Article 61 – in collaboration with the Ministry of Labour and Social Affairs and the Ministry of Finance.

Part Two

Amendment of the Act on Elections to the Parliament of the Czech Republic

Article 71

Article 89 of Act No. 247/1995 Coll. on elections to the Parliament of the Czech Republic and on amendment and change of selected other acts of laws shall read as follows:

"Article 89

(1) It is possible to claim judicial protection in all cases of errors and discrepancies in special lists of voters.

(2) The provisions of Chapter II, Part 4 of the Rules of Judicial Administrative Procedure shall be applied to all cases defined in Section 1 herein accordingly.".

Part Three

Amendment of the Act on the Establishment of Ministries and Other Central Public Administration Authorities

Article 72

Act No. 2/1969 Coll. on the establishment of ministries and other central public administration authorities of the Czech Republic, as amended by Act No. 34/1970 Coll., Act No. 147/1970 Coll., Act No. 125/1973 Coll., Act No. 25/1976 Coll., Act No. 118/1983 Coll., Act No. 60/1988 Coll., Act No. 173/1989 Coll., statutory measure No. 9/1990 Coll. of the Presidium of the Czech National Council, Act No. 93/1990 Coll., Act No. 126/1990 Coll., Act No. 203/1990 Coll., Act No. 288/1990 Coll., statutory measure No. 305/1990 Coll. of the Presidium of the Czech National Council, Act No. 575/1990 Coll., Act No. 173/1991 Coll., Act No. 283/1991 Coll., Act No. 19/1992 Coll., Act No. 23/1992 Coll., Act No. 103/1992 Coll., Act No. 167/1992 Coll., Act No. 239/1992 Coll., statutory measure No. 350/1992 Coll. of the Presidium of the Czech National Council, Act No. 358/1992 Coll., Act No. 359/1992 Coll., Act No. 474/1992 Coll., Act No. 548/1992 Coll., Act No. 21/1993 Coll., Act No. 166/1993 Coll., Act No. 285/1993 Coll., Act No. 47/1994 Coll., Act No. 89/1995 Coll., Act No. 289/1995 Coll., Act No. 135/1996 Coll., Act No. 272/1996 Coll., Act No. 152/1997 Coll., Act No. 15/1998 Coll., Act No. 148/1998 Coll., Act No. 63/2000 Coll., Act No. 130/2000 Coll., Act No. 154/2000 Coll., Act No. 204/2000 Coll., Act No. 239/2000 Coll., Act No. 257/2000 Coll., Act No. 258/2000 Coll., Act No. 365/2000 Coll., Act No. 458/2000 Coll., Act No. 256/2001 Coll., Act No. 13/2002 Coll., Act No. 47/2002 Coll., Act No. 219/2002 Coll. and Act No. 517/2002 Coll., shall be amended as follows:

1. The following text shall be added to the end of Subsection k), Section 3, Article 6: "and shall fulfil tasks in the course of the elections to the European Parliament".

2. Subsection l) of Section 1, Article 12, shall read as follows:

"l) the elections to territorial self-government councils and to the Parliament of the Czech Republic and the elections to the European Parliament taking place within the territory of the Czech Republic,".

Part Four

Effective Date

Article 73

This act of law shall become effective upon the date of its publication in the Collection of Laws.

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1) Article 26, Sections 1 through 5 of Act No. 491/2001 Coll. on elections to local councils and on amendment of selected acts of law.

2) Article 11 of Act No. 133/2000 Coll. on evidence of citizens and birth identification numbers and on amendment of selected acts of laws (the Act on Evidence of Citizens).

3) Article 9, Section 4, Subsection a) of Act No. 20/1966 Coll. on public healthcare, as amended by Act No. 548/1991 Coll. and Act No. 258/2000 Coll.

4) Articles 10 and 855 of the Civil Code.

5) Article 64 of Act No. 128/2000 Coll. on municipalities (municipal regulations), as amended by Act No. 313/2002 Coll. Edict No. 388/2002 Coll. on specification of administration districts of municipalities with designated local authority and administration districts of municipalities with extended competencies.

6) Article 8, Section 2, Subsection d) of Act No. 491/2001 Coll. Article 9, Section 2, Subsection g) of Act No. 247/1995 Coll. on elections to the Parliament of the Czech Republic and on amendment and change of other selected acts of law, as amended by Act No. 230/2002 Coll. Article 11, Section 1, Subsection i) of Act No. 130/2000 Coll. on elections to regional councils and on amendment of selected acts of law, as amended by Act No. 230/2002 Coll.

7) Act No. 130/2000 Coll., as amended by Act No. 273/2001 Coll., Act No. 37/2002 Coll., Act No. 230/2002 Coll. and Act No. 309/2002 Coll.

8) Article 6 of Act No. 247/1995 Coll., as amended by Act No. 204/2000 Coll. and Act No. 37/2002 Coll.

9) Act No. 133/2000 Coll., as amended by Act No. 2/2002 Coll. and Act No. 320/2002 Coll.

10) Act No. 312/2002 Coll. on employees of territorial self-governing units and on amendment of selected acts of law.

11) Act No. 365/2000 Coll. on information systems of public administration authorities and on amendment of other selected acts of law, as amended by Act No. 517/2002 Coll.

12) Article 14 of Act No. 424/1991 Coll. on association in political parties and political movements, as amended by Act No. 117/1994 Coll., Act No. 322/1996 Coll. and Act No. 151/2002 Coll.

13) Act No. 150/2002 Coll., the Rules of Judicial Administrative Procedure.

14) Act No. 491/2001 Coll., as amended by Act No. 230/2002 Coll. and Act No. 309/2002 Coll.

15) Article 4 of Act No. 293/1993 Coll. on custody serving. Article 5 of Act No. 169/1999 Coll. on the serving of a term of imprisonment and on amendment of selected related acts of law.

16) Article 117, Section 3 of Act No. 128/2000 Coll., as amended by Act No. 273/2001 Coll.

17) Article 5, Section 1, Subsections a) through d) of Act No. 329/1999 Coll. on travel documents and on amendment of Act No. 283/1991 Coll. on the Police of the Czech Republic, as amended (the Act on Travel Documents).

18) Act No. 328/1999 Coll. on personal identity cards, as amended by Act No. 491/2001 Coll. and Act No. 320/2002 Coll.

19) Article 3 of Act No. 46/2000 Coll. on the rights and obligations regulating the publishing of periodicals and on amendment of other selected acts of law (the Press Law).

20) Edict No. 18/1991 Coll. on other acts in public interest.

21) Act No. 200/1990 Coll. on misdemeanours, as amended by Act No. 337/1992 Coll., Act No. 344/1992 Coll., Act No. 359/1992 Coll., Act No. 67/1993 Coll., Act No. 290/1993 Coll., Act No. 134/1994 Coll., Act No. 82/1995 Coll., Act No. 237/1995 Coll., Act No. 279/1995 Coll., Act No. 289/1995 Coll., Act No. 112/1998 Coll., Act No. 168/1999 Coll., Act No. 360/1999 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000 Coll., Act No. 151/2000 Coll., Act No. 258/2000 Coll., Act No. 361/2000 Coll., Act No. 370/2000 Coll., finding of the Constitutional Court of Justice published under No. 52/2001 Coll., Act No. 164/2001 Coll., Act No. 254/2001 Coll., Act No. 265/2001 Coll., Act No. 273/2001 Coll., Act No. 274/2001 Coll., Act No. 312/2001 Coll., Act No. 6/2002 Coll., Act No. 62/2002 Coll., Act No. 78/2002 Coll., Act No. 216/2002 Coll., Act No. 259/2002 Coll., Act No. 285/2002 Coll., Act No. 311/2002 Coll. and Act No. 320/2002 Coll.

22) Article 63 of Act No.231/2001 Coll. on radio and television broadcasting and on amendment of selected acts of laws.

23) Act No. 247/1995 Coll., as amended by Act No. 212/1996 Coll., finding of the Constitutional Court of Justice published under No. 243/1999 Coll., Act No. 204/2000 Coll., finding of the Constitutional Court of Justice published under No. 64/2001 Coll., Act No. 491/2001 Coll., Act No. 37/2002 Coll., Act No. 171/2002 Coll. and Act No. 230/2002 Coll., Act No. 491/2001 Coll., as amended by Act No. 230/2002 Coll. and Act No. 309/2002 Coll., Act No. 130/2000 Coll., as amended by Act No. 273/2001 Coll., Act No. 37/2002 Coll., Act No. 230/2002 Coll. and Act No. 309/2002 Coll.