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Czech Republic

Boundary Delimitation
Direct Democracy
Electoral Management
Electoral Systems
Legislative Framework
Media and Elections
Parties and Candidates
Vote Counting
Voter Education
Voting Operations
Voter Registration

Boundary Delimitation

BD01 Are constituencies delimited for election purposes?

a. Yes

Comments: For Senate elections special electoral constituencies are delimited, but for elections to the House of Deputies, regional boundaries are used according to the existing regions(territorial divisions of the state).
Source: Electoral Act on Elections to Parliament (Law Digest no. 247/1995 as amended, Ch.3, Art.27, 58-59
Last updated: Wed, 26 Jun 2002 12:45:37 GMT

BD02 The authority responsible for final approval of the constituency boundaries is:

a. The legislature (national/subnational)

Source: Electoral Act on Elections to Parliament (Law Digest no. 247/1995 as amended), Art.27
Last updated: Wed, 26 Jun 2002 12:33:56 GMT

BD03 On what criteria are the boundaries drawn?

a. "Equality" of population

Comments: Applies only for boundaries of the Senate constituencies.
Source: Electoral Act on Elections to the Parliament (Law Digest no. 247/1995 as amended), Art.59
Last updated: Wed, 26 Jun 2002 12:49:28 GMT

BD04 If population is a criterion, which population figure is used?

a. Total population

Comments: a) Total population - better say the population of inhabitants in a constituency - the essential is the increase of or fall of number of inhabitants in a constituency if it is changed more than in 15% to the average number of inhabitants which represents one mandate in the Senate.
Source: Act on Elections to the Parliament (Law Digest no. 247/1995), Art.59 and art. 97 (no.247/1995 LD)
Last updated: Wed, 26 Jun 2002 12:56:47 GMT

BD05 The body responsible for drawing the boundaries is:

a. Legislature (specify chamber)

Comments: The responsibility belongs to both Chambers of the Parliament. The provisions on electoral boundaries are found in the electoral law.
Source: Electoral Act on Elections to the Parliament (Law Digest no. 247/1995 as amended) Especially the amendments no. 212/1996 LD and no. 171/2002 LD.
Last updated: Wed, 26 Jun 2002 12:58:20 GMT

BD06 What statistical or other reasons trigger the redrawing of electoral constituency boundaries?

a. Changes in number of total population

Comments: The legsialture obtains a report from the Czech statistical office which must monitor changes of population in frame of each constituency. When the population in a constituency has increased or has fallen more than 15% of the average number of inhabitants needed for a mandate the Czech statsistical office must inform the Parliament and the Parliament must (only in the year when the elections to the Senate shall be held) change the boundaries of touched constituencies by amendement to the Act on elections to the Parliament of the Czech Republic.
Source: Electoral Act on Elections to Parliament (Law Digest no. 247/1995 as amended), Art.27 and 59.
Last updated: Wed, 26 Jun 2002 12:34:42 GMT

Direct Democracy

DD01 Please provide information about the person completing the questionnaire.

a. Name and Title: Lucie Rodová
b. Job Title: JUDr, Election Expert
c. Organisation: The Ministry of Interior
d. Contact Address. Nám, Hrdinu 3, 140 21 Prague 4, Czech Republic
e. Telephone: +420 974 817 371
f. Facsimile: +420 974 816 873
g. Email: [email protected]

Last updated: 2006-11-27 10:31:34 UTC

DD02 Which forms of direct democracy, if any, are currently possible at the national level? Please check the glossary for the definition of the following terms:

b. Optional referendum

Source: Article 2(2) of the Constitution - 1/1993 Coll.
Last updated: 2006-11-27 10:33:42 UTC

DD03 What is the legal basis for mandatory referendums at the national level?

e. Not applicable

Last updated: 2006-11-27 10:33:42 UTC

DD04 What is the legal basis for optional referendums at the national level?

a. Constitutional

Source: Article 2(2) of the Constitution - 1/1993 Coll
Last updated: 2006-11-27 10:39:22 UTC

DD05 What is the legal basis for citizens' initiatives at the national level?

e. Not applicable

Last updated: 2006-11-27 10:33:42 UTC

DD06 What is the legal basis for agenda initiatives at the national level?

e. Not applicable

Last updated: 2006-11-27 10:33:42 UTC

DD07 What is the legal basis for recalls at the national level?

e. Not applicable

Last updated: 2006-11-27 10:33:42 UTC

DD08 What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.

e. Not applicable

Last updated: 2006-11-27 10:35:29 UTC

DD10 What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.

e. Not applicable

Last updated: 2006-11-27 10:35:29 UTC

DD11 What is the legal basis for the administrative requirements for agenda initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.

e. Not applicable

Last updated: 2006-11-27 10:35:29 UTC

DD12 What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.

e. Not applicable

Last updated: 2006-11-27 10:35:29 UTC

DD13 When were direct democracy mechanisms first introduced into the legal framework at the national level? Date (yyyy)

b. Optional referendum 1993

Source: the Constitution - 1/1993 Coll
Last updated: 2006-11-29 15:18:38 UTC

DD17 Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?

c. No

Last updated: 2006-11-27 10:41:26 UTC

DD18 Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?

c. No

Last updated: 2006-11-27 10:41:26 UTC

DD19 Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?

c. No

Last updated: 2006-11-27 10:41:26 UTC

DD20 Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?

c. No

Last updated: 2006-11-27 10:41:26 UTC

DD21 Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?

c. No

Last updated: 2006-11-27 10:41:26 UTC

DD22 Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?

c. No

Last updated: 2006-11-28 14:56:01 UTC

DD23 Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?

a. Yes, in all municipalities/districts/communes

Source: Act No. 22/2004 Coll.
Last updated: 2006-11-28 14:56:01 UTC

DD24 Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?

c. No

Last updated: 2006-11-27 10:57:00 UTC

DD25 Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?

c. No

Last updated: 2006-11-27 10:57:00 UTC

DD26 Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?

c. No

Last updated: 2006-11-27 10:57:00 UTC

DD27 What are the issues, if any, in relation to which referendums are mandatory at the national level?

l. Not applicable

Last updated: 2006-11-27 10:57:00 UTC

DD28 What are the issues, if any, in relation to which referendums are optional at the national level?

j. Other (specify)

Comments: j) It is not regulated. Only one referendum has been held, on the EU accession.
Last updated: 2006-11-27 10:57:00 UTC

DD29 Which issues, if any, are excluded from being the subject of referendums at the national level?

j. Other (specify)

Comments: j) It is not regulated. Only one referendum has been held, on the EU accession.
Last updated: 2006-11-27 10:57:43 UTC

DD30 Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?

e. None

Last updated: 2006-11-27 10:57:43 UTC

DD34 Which of the following, if any, are required to be included in the mandatory referendum question?

f. Not applicable

Last updated: 2006-11-27 11:00:08 UTC

DD40 What are the requirements for mandatory referendums to pass?

e. Not applicable

Last updated: 2006-11-27 11:00:08 UTC

DD43 When is the outcome of a mandatory referendum binding?

d. Not applicable

Last updated: 2006-11-27 11:03:30 UTC

DD44 When is the outcome of an optional referendum binding?

b. Under certain circumstances (specify below)

Comments: b) Only one referendum has been held (on the EU accession) and this was binding. Not regulated.
Source: Article 5(2) Constitutional Act on referendum, No. 515/2002 Coll.
Last updated: 2006-11-27 11:03:30 UTC

DD45 Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?

d. Not applicable

Last updated: 2006-11-27 11:04:14 UTC

DD46 Which types of issues can be proposed by citizens using the agenda initiative process at the national level?

d. Not applicable

Last updated: 2006-11-27 11:04:14 UTC

DD47 Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?

l. Not applicable

Last updated: 2006-11-27 11:04:14 UTC

DD48 Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?

l. Not applicable

Last updated: 2006-11-27 11:04:14 UTC

DD49 Who may propose the registration of a citizens' initiative? Please specify in the “Comments” section below.

d. Not applicable

Last updated: 2006-11-27 11:04:14 UTC

DD50 Who may propose the registration of an agenda initiative? Please specify in the “Comments” section below.

d. Not applicable

Last updated: 2006-11-27 11:06:28 UTC

DD51 What material is necessary to accompany an application for registration?

e. Not applicable

Last updated: 2006-11-27 11:06:28 UTC

DD52 Who determines the title of a citizens' initiative?

f. Not applicable

Last updated: 2006-11-27 11:06:28 UTC

DD53 Who determines the title of an agenda initiative?

f. Not applicable

Last updated: 2006-11-27 11:06:28 UTC

DD54 Which, if any, of the following disqualify a proposed title of an initiative?

h. Not applicable

Last updated: 2006-11-27 11:06:28 UTC

DD55 Which services are provided by the agency/department responsible for the administration of direct democracy mechanisms before an initiative can be published?

f. Not applicable

Last updated: 2006-11-27 11:06:28 UTC

DD56 Under what circumstances is an initiative checked for constitutionality or legality?

d. Not applicable

Last updated: 2006-11-27 11:06:28 UTC

DD57 If a check of the constitutionality or legality of an initiative takes place, who is responsible for undertaking it?

f. Other (specify)

Last updated: 2006-11-27 11:06:28 UTC

DD58 If a check of the constitutionality or legality of an initiative takes place, when does this happen?

f. Not applicable

Last updated: 2006-11-27 11:06:28 UTC

DD59 Which institutions, if any, are given an opportunity to propose an alternative to proposals contained in a citizens’ initiative?

g. Not applicable

Last updated: 2006-11-27 11:06:28 UTC

DD60 At which stage in the initiative process, if at all, can alternative proposals be made?

e. Not applicable

Last updated: 2006-11-27 11:06:28 UTC

DD61 What happens when there is a valid alternative proposal?

e. Not applicable

Last updated: 2006-11-27 11:06:28 UTC

DD62 When an initiative proposal and an alternative proposal are put to the vote on the same day, what choices does the voter have?

f. Not applicable

Last updated: 2006-11-27 11:06:28 UTC

DD65 Which of the following individuals/positions may be subject to the recall mechanism?

k. Not applicable

Last updated: 2006-11-27 11:06:28 UTC

DD66 What are the grounds upon which a recall may be launched?

g. Not applicable

Last updated: 2006-11-27 11:06:28 UTC

DD68 If a recall qualifies for the ballot, when is it put to the vote?

d. Not applicable

Last updated: 2006-11-27 12:56:41 UTC

DD69 When does the election to replace an individual who has been recalled take place?

c. Not applicable

Last updated: 2006-11-27 12:56:41 UTC

DD71 Can an individual who is the subject of a recall stand on the ballot for his/her own replacement?

c. Not applicable

Last updated: 2006-11-27 12:56:41 UTC

DD76 What is the deadline, if any, for collecting the required number of signatures after a proposal for an abrogative referendum (optional) has been published?

c. Not applicable

Last updated: 2006-11-27 12:56:41 UTC

DD77 What is the deadline, if any, for collecting the required number of signatures after a proposal for a rejective referendum (optional) has been published?

c. Not applicable

Last updated: 2006-11-27 12:56:41 UTC

DD78 What is the deadline, if any, for collecting the required number of signatures after a proposal for a citizens' initiative has been published?

c. Not applicable

Last updated: 2006-11-27 12:56:41 UTC

DD79 What is the deadline, if any, for collecting the required number of signatures after a proposal for an agenda initiative has been published?

c. Not applicable

Last updated: 2006-11-27 12:56:41 UTC

Electoral Management

EM01 Please provide the following contact information for the national electoral management body:

a. Name of Institution State Electoral Commission (SEC)
b. Full Address U Obecniho domu 3, Prague 1, 112 20, Czech Republic
c. Telephone 00420-2-61 44 62 31
d. Facsimile 00420-2-24 22 18 65 (42 20)
e. Email krausova(a)mvcr.cz
g. Name and Title of Chairperson/President Minister of the Interior
i. Official language of the electoral law governing national elections Czech

Comments: The Minister of the Interior is according to law also the Chairman of the SEC. The Secretary of the SEC is set up by the officers of the Ministery of the Interior.
Source: Petra Wagnerova, Election Law Expert, Ministry of Interior, Czech Republic, pwagnero(a)csu.notes.cz
Last updated: Wed, 26 Jun 2002 12:14:38 GMT

EM02 Does this national electoral body have the responsibility for elections at:

a. National level

b. Regional level

c. Local level

Comments: The State Election Commission (SEC) is the national electoral management body for all kinds of public elections held in the state.
Source: All electoral acts which are in force in the Czeck Republic.
Last updated: Wed, 26 Jun 2002 12:16:42 GMT

EM03 The national electoral management body reports to:

d. A national government department

Comments: The State Electoral Commission (SEC) is appointed by the Government except of the Chairman of the SEC, who is ex lege the Minister of Interior.
Source: Act on Elections to Regional Representative Bodies (Law Digest no. 133/2000)
Last updated: Tue, 02 Jul 2002 09:27:32 GMT

EM04 The budget of the national electoral management body is determined by:

c. The legislature

d. A national government department

Comments: The state budget is determined by the House of Deputies (it underwrites the items of the state budget). All public elections are financed through the Ministry of the Interior.
Source: Competence Act no. 2/1969
Last updated: Wed, 26 Jun 2002 12:31:30 GMT

EM05 The expenditures of the national electoral management body are controlled by:

c. The legislature

d. A national government department

Comments: The expenditures of all electoral bodies inclusive of the SEC are controlled by the House of Deputies, as it controls the budget of the Ministry of the Interior, through which the SEC is funded.
Source: Petra Wagnerova, Election Law Expert, Ministry of Interior, Czech Republic, pwagnero(a)csu.notes.cz
Last updated: Tue, 11 Jun 2002 16:25:21 GMT

EM06 The term of the members of the national electoral management body is:

c. For an unspecified period

Comments: This is with the exception of the Chairman of the SEC (State Election Commission), who is the Minister of the Interior. The other members are appointed by the Chairman from each ministry of the government and serve for an unspecified period. The position of the Chairman depends on the results of the elections to the House of Deputies.
Source: Act on the elections to the regional representative bodies no. 130/2000 LD and 152/2000 LD.
Last updated: Wed, 26 Jun 2002 12:41:06 GMT

EM07 The national electoral management body chairperson, or equivalent, is chosen in the following way:

e. Governmental appointment

Comments: The Chairman of the SEC (State Election Commission) is the Minister of the Interior, as set forth in the Electoral Act on Elections to regional representative bodies.
Source: Electoral Act on Elections to Regional Representative Bodies (Law Digest no. 130/2000, Art.10
Last updated: Wed, 26 Jun 2002 12:42:39 GMT

Electoral Systems

ES01 How is the Head of State selected?

d. Indirectly elected by legislature

Comments: The Head of the Czech Republic is the President of the Republic. The President is elected at a joint meeting of both the House of Deputies and the Senate. There are two possibilities in the Czech Republic to vote for the President--public voting or secret voting. The way the President is elected depends on the decision of the Chambers of Parliament.
Source: Constitution, Art. 54, 56-58 Section 81, Rules of Procedure of the House of Deputies (Law Digest - act. no. 90/1995, as amended) Schedule to the act no. 90/1995
Last updated: Wed, 26 Jun 2002 07:59:19 GMT

ES02 How is the Head of Government selected?

e. Appointed

Comments: Appointed by President of the Republic. The Head of Government is the Prime Minister, who is appointed by the President. The President must take notice of whether or not the person who is appointed by him/her would be able from a political point of view to set up a government which will have the confidence of the House of Deputies.
Source: Constitution, Art.68
Last updated: Fri, 28 Jun 2002 10:08:15 GMT

ES03 Does the country have a president?

a. Yes

Source: Constitution, Art.54, 56-58
Last updated: Wed, 12 Jun 2002 20:12:53 GMT

ES04 The national legislature consists of (one/two chambers):

b. Two chambers

Source: Constitution, Art.18
Last updated: Wed, 12 Jun 2002 20:14:05 GMT

ES05 What is the electoral system for Chamber 1 of the national legislature?

g. List Proportional Representation

Source: Constitution, Art.18 Section 1, Part 2 of the Electoral Act on Elections to the Parliament of the Czech Republic (Law Digest no. 247/1995 as amended)
Last updated: Wed, 26 Jun 2002 08:02:22 GMT

ES06 What is the electoral system for Chamber 2 of the national legislature?

d. Two-Round System

Source: Constitution, Art.18
Last updated: Wed, 26 Jun 2002 08:28:52 GMT

ES07 If List PR is used, is a highest average formula used?

a. d'Hondt Formula

Comments: (interview with Petra Wagnerova, Election Law Expert, Ministry of the Interior) The d'Hondt Formula is used in the Czech republic for the elctions to the House of Deputies. For the elections to the Sentate there is no list PR used.
Source: Section 50-51, 75-76 of the electoral act on elections to the Parliament of the Czech republic (Law Digest no. 247/1995 as amended)
Last updated: Tue, 02 Apr 2002 16:42:19 GMT

ES08 What is the level at which seats are distributed in Chamber 1?

c. Regional/provincial level

Comments: The Czeck Republic is administratively divided into 14 regions. Same regions are used as electoral constituencies for the elections to the House of Deputies.
Source: Section 26 of the Electoral Act on Elections to the Parliament of the Czech Republic (Law Digest no. 247/1995 as amended)
Last updated: Tue, 11 Jun 2002 15:33:28 GMT

ES09 What is the level at which seats are distributed in Chamber 2?

b. Specially delimited constituencies

Comments: 81 constituencies are established for each of the 81 seats in the Senate.
Source: Schedule No.3 of the Electoral Act on Elections to the Parliament of the Czech Republic (Law Digest no. 247/1995 as amended)
Last updated: Wed, 12 Jun 2002 20:16:19 GMT

ES10 Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?

b. No

Comments: Any Czech national who is a member of a minority stands as a candidate for the election under the same conditions as any other Czech national.
Source: Constitution, Ch.2, Art.19
Last updated: Tue, 11 Jun 2002 15:38:21 GMT

ES11 If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:

e. Not applicable Na

Comments: (interview with EMB official, Petra Wagnerova, Election Law Expert, Ministry of the Interior) There are neither special constituencies nor special seats in either Chamber of Parliament reserved for specific groups of citizens.
Last updated: Thu, 09 May 2002 21:58:31 GMT

ES12 Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?

b. No

Comments: Any Czech national who is a member of a minority stands as a candidate for the election under the same conditions as any other Czech national.
Source: Constitution, Ch.2, Art.19
Last updated: Tue, 11 Jun 2002 15:39:15 GMT

ES13 If special constituencies or seats are reserved in Chamber 2, specify which interest groups, and the proportion of total seats reserved:

e. Not applicable Na

Comments: (interview with EMB official, Petra Wagnerova, Election Law Expert, Ministry of the Interior) There are neither special constituencies nor special seats in either Chamber of Parliament reserved for specific groups of citizens.
Last updated: Thu, 09 May 2002 21:57:51 GMT

ES14 What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?

b. Specify the percentage:

Comments: The candidate lists of political parties and movements which do not obtain at least 5% of all valid votes do not pass scrutiny. In the case of coalitions, requirements are that 2 parties or movements combined must have 10%, 3 combined must have 15%, and 4 or more combined must have 20% of the total number of valid votes.
Source: Article 49 of the Electoral Act on Elections to the Parliament (Law Digest no. 247/1995)
Last updated: Tue, 11 Jun 2002 15:40:36 GMT

ES15 What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?

a. No minimum

Comments: For elections to the Senate, individuals stand as candidates and there are not any party lists. The winner is the candidate who obtains the absolute majority of valid votes. If none do so, a second round of elections is held. Only the 2 candidates who obtain the most votes in the first round move into the second round. The one who obtains more votes in the second round wins. If there is a tie, the winner is chosen by lot.
Source: Articles 75-76 of the Electoral Act on Elections to the Parliament (Law Digest no. 247/1995 as amended)
Last updated: Tue, 11 Jun 2002 15:42:30 GMT

ES16 What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?

b. Specify the percentage:

Comments: A candidate to the House of Deputies can stand as a candidate just like a part of a list of candidates for a political party, movement or coalition. The candidate lists of political parties and movements which do not obtain at least 5% of all valid votes do not pass scrutiny. In the case of coalitions, requirements are that 2 parties or movements combined must have 10%, 3 combined must have 15%, and 4 or more combined must have 20% of the total number of valid votes.
Source: Article 49 of the Electoral Act on Elections to the Parliament (Law Digest no. 247/1995)
Last updated: Tue, 11 Jun 2002 15:48:14 GMT

ES17 What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?

b. Specify the percentage:

Comments: (interview with EMB official, Petra Wagnerova, Election Law Expert, Ministry of the Interior) In the elections to the Senate, individuals stand as candidates and there are not any party lists. The winner is the candidate who obtains the absolute majority of valid votes. If none do so, a second round of elections is held. Only the 2 candidates who obtain the most votes in the first round move into the second round. The one who obtains more votes in the second round wins. If there is a tie, the winner is chosen by lot.
Source: Articles 75-76 of the electoral act on elections to the Parliament (Law Digest no. 247/1995 as amended)
Last updated: Wed, 15 May 2002 13:17:45 GMT

ES18 Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:

a. At fixed intervals (specify length)

Comments: a.) 4 years Elections to the House of Deputies and Senate must be held within a term beginning on the thirtieth day prior to the expiration of the electoral term and ending on the day of its expiration. The elections are called by the President at least 90 days before they are held. The elections for the House of Deptuties are usually held in May or June.
Source: Constitution, Art. 16-17 Section 1, Part 3 (Articles 56-80) of the Electoral Act on Elections to the Parliament (Law Digest no. 247/1995 as amended)
Last updated: Wed, 26 Jun 2002 08:44:07 GMT

ES19 Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:

a. At fixed intervals (specify length)

Comments: a.) Senators serve for 6 years. Every 2 years, elections are held for one third of the Senate seats. The Senate elections are usually held in November. Elections to the House of Deputies and the Senate must be held within a term beginning on the thirtieth day prior to the expiration of the electoral term and ending on the day of its expiration. The elections must be called by the President at least 90 days in advance before election day.
Source: Constitution, Art. 16-18 Section 1, Part 3 (Articles 56-80) of the Electoral Act on Elections to Parliament (Law Digest no. 247/1995 as amended)
Last updated: Wed, 26 Jun 2002 08:48:08 GMT

ES20 Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):

b. Voting takes place over a period of 2 or more days

Comments: b.) Voting for the House of Deputies takes place on Friday and Saturday.
Source: Section 1, Part 4 of the Electoral Act on Elections to Parliament (Law Digest no. 247/1995 as amended)
Last updated: Tue, 11 Jun 2002 15:56:34 GMT

ES21 Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):

b. Voting takes place over a period of 2 or more days

Comments: (interview with EMB official, Petra Wagnerova, Election Law Expert, Ministry of the Interior) Voting for the Senate takes place on a Friday and Saturday.
Source: Section 1, Part 4 of the electoral act on elections to Parliament (Law Digest no. 247/1995 as amended)
Last updated: Tue, 02 Apr 2002 19:23:01 GMT

Legislative Framework

LF01 What is the status of the electoral law governing national elections?

a. Part of Constitution

b. Separate legislation

d. Regulations or administrative rules

Comments: The Electoral Law is found in the Constitution, Electoral Acts and in Ministerial notices. The notices are edited by the Ministry of Interior, Ministry of Foreign Affairs, and Ministry of Finance. There is not yet a codification of the Electoral Law.
Source: Constitution, Art. 5-6, 17-20 Electoral Act on Elections to the Parliament (Law Digest no. 247/1995 as amended) Electoral Act on Elections to the Representative Bodies of Regions (Law Digest no. 130/2000 as amended) Electoral Act on Elections to the Local Authorities (Law Digest no. 491/2001) Ministerial notice of the Ministry of Interior (Law Digest no. 233/2000 relating to act no. 247/1995 as amended) Ministerial notice of the Ministry of the Interior (Law Digest no. 152/2000 relating to act no. 130/2000) Ministerial notice of the Ministry of Interior (Law Digest no. 59/2002 relating to act no. 491/2001) Ministerial notice of the Ministry of Finance (Law Digest no. 268/2000 relating to transfers of deposits connected with the conducting of Parliamentary elections) Ministerial notice of the Ministry of Foreign Affairs (no number given, Law Digest no./2002 relating to list of embassies and consulates which are to be centers for overseas voting for the House of Deputies)
Last updated: 2006-11-21 18:24:50 UTC

LF02 What is the date of the latest version of the national electoral law (including latest amendments)?

a. January 2000 or later

Comments: The most recent amendment to the Electoral Act no. 247/1995 was added in April 2002 (no. 171/2002LD). The Electoral Act on Regional Elections went into force in 2000 (no. 130/2000) and the Electoral Act on Local Elections went into force in 2001 (no.491/2001). A draft law on referendums (regional and local) is being prepared. A draft law on elections to the European parliament is also being prepared.
Source: Law Digest Act no. 37/2002 Law Digest Act no. 130/2000 Law Digest Act no. 491/2001
Last updated: 2006-11-21 18:24:50 UTC

LF03 The national electoral law covers:

a. National elections

b. Regional elections

c. Local elections

d. Referendums

Source: Electoral Act on Elections to the Parliament (Law Digest no. 247/1995 as amended) Electoral Act on Elections to the Representative Bodies of Regions (Law Digest no. 130/2000 as amended) Electoral Act on Elections to the Local Authorities (Law Digest no. 491/2001) Act on local referendums no.298/1992.
Last updated: 2006-11-21 18:24:50 UTC

LF04 Is voting on the national level voluntary or compulsory?

a. Voting is voluntary

Comments: a) Voting is a right not a duty.
Source: Article 21 of the Charter of Fundamental Rights and Freedoms (Law Digest no. 2/1993)
Last updated: 2006-11-21 18:24:50 UTC

LF05 Are there provisions in the law which permit or require regional and/ or local election (s) to be held on the same day as national elections?

b. National elections are held on the same day as regional and local elections

Comments: (interview with EMB official, Petra Wagnerova, Election Law Expert, Ministry of the Interior) There are provisions which permit various kinds of elections to be held on the same days. However it is not always possible to act according to them because one third of the Senate is elected every two years and the elections can include two rounds. Usually the first round of Senate elections and the regional or local elections are held a the same time--on the same two days. The regular elections to the Senate and the House of Deputies cannot be held at the same time.
Last updated: 2006-11-21 18:24:50 UTC

LF06 Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?

c. Not applicable

Last updated: Wed, 15 May 2002 13:21:34 GMT

LF07 What are the agency(ies) responsible for first level of formal electoral disputes?

a. Judiciary

Comments: The competent court is either a regional court or the Supreme Court, depending on what kind of election and the scope of the claim.
Source: Art.88 of the Act on election to the Parliament of the Czeck Republic. (no. 247/1995 LD)
Last updated: Wed, 26 Jun 2002 11:52:42 GMT

LF08 If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?

h. Not applicable

Comments: There is no specially appointed/elected agencies for settling electoral disputes.
Source: Administrative Court order. (act. no 150/2002 LD)
Last updated: Wed, 26 Jun 2002 11:57:17 GMT

LF09 Who has the right to submit cases to the person or agency(ies)which settles formal disputes?

a. Candidates

b. Parties

c. Voters

Comments: Various people or institutions have the right to submit cases to the courts--it depends on what matter is disputed. Generally this right belongs to voters, political parties, political movements, and candidates.
Source: Art 87-88 of the Act on election to the Parliament of the Czech Republic (no. 247/1995 LD)
Last updated: Wed, 26 Jun 2002 12:02:23 GMT

LF10 What body(ies) is the final appellate authority for formal electoral disputes?

c. Superior Court

Comments: The final appellate authority for formal electoral disputes is the same court which makes the decision (except when a mistake in voter registration is alleged or contested).
Source: All Electoral Acts Code of Civil Procedure (Law Digest act no. 99/1963) Currently there is a draft law which electoral matters will be judged under, to be called the Code of Administrative Procedure.
Last updated: 2006-11-21 18:24:50 UTC

LF11 Which body(ies) proposes electoral reforms?

b. Legislative Committee

c. Government

e. Legislature

Comments: All reforms are implemented by legislative acts. Draft laws can be submitted by a deputy, a group of deputies, by the Senate, the Government, or by the representative body of a region.
Source: Constitution, Art.41
Last updated: Fri, 28 Jun 2002 10:23:39 GMT

Media and Elections

ME01 Please provide information about the person completing the questionnaire.

Last updated: 2006-11-30 09:32:47 UTC

ME02 Which of the following types of radio stations are present at a national level in your country?

a. Publicly owned

c. Privately owned

Source: http://www.ejc.nl/jr/emland/czech.html http://www.ijnet.org/FE_Article/AssetShow.asp?ID=407 http://www.czech.cz/index.php?section=6&menu=138
Last updated: 2006-11-30 09:32:47 UTC

ME03 Which of the following types of television stations are present at a national level in your country?

a. Publicly owned

c. Privately owned

Source: http://www.ejc.nl/jr/emland/czech.html http://www.ijnet.org/FE_Article/AssetShow.asp?ID=407 http://www.czech.cz/index.php?section=6&menu=138
Last updated: 2006-11-30 09:32:47 UTC

ME04 Which of the following types of daily and weekly newspapers are present at a national level in your country?

a. Publicly owned

c. Privately owned

d. Owned by political parties

Source: http://www.ejc.nl/jr/emland/czech.html http://www.ijnet.org/FE_Article/AssetShow.asp?ID=407 http://www.czech.cz/index.php?section=6&menu=138
Last updated: 2006-11-30 09:32:47 UTC

ME05 Which of the following do you believe best describes the print media situation at the national level in your country?

d. No government newspaper: competition between two or more major private newspapers

Source: http://www.ejc.nl/jr/emland/czech.html (European Journalist Centre)
Last updated: 2006-04-03 17:25:48 UTC

ME06 What proportion of the population can receive transmissions of the national level programming of private radio stations?

a. Over 60%

Comments: "nation-wide broadcasting shall mean radio and television broadcasting, which can be received by at least 70% of the population of the Czech Republic, according to the data resulting from the last census" (ACT dated 17 May 2001, on radio and television broadcasting operation and on changes of other acts, Article 2, Paragraph 1 /c) Czech Radio has 3 nationwide stations (so receivable by at least 70% of the population)
Source: http://www2.rozhlas.cz/informace/onas/brozura04_engl.pdf
Last updated: 2006-11-30 09:32:47 UTC

ME08 What proportion of the population can receive transmissions of the national level programming of private television stations?

a. Over 60%

Source: http://www2.rozhlas.cz/informace/onas/brozura04_engl.pdf
Last updated: 2005-11-13 14:40:30 UTC

ME11 What laws, if any, guarantee freedom of access to public information for representatives of the media?

a. a

Comments: Law On free access to information, Dated 11 May 1999. (106/1999 Coll.)
Source: http://www.ijnet.org/FE_Article/MediaLaws.asp?uilang=1&country=698&terms=&Category=-1&txtAction=Search http://www.ijnet.org/FE_Article/MEdiaLaw.asp?CID=115659&UILang=1&CIdLang=1
Last updated: 2006-11-30 09:32:47 UTC

ME13 What are the laws, if any, which govern the operations of the public broadcaster? Specify the date of the latest version (including latest amendments)

a. A

Source: http://www.ijnet.org/FE_Article/MediaLaws.asp?uilang=1&country=698&terms=&Category=-1&txtAction=Search
Last updated: 2006-11-30 09:32:47 UTC

ME14 What proportion of the population can receive transmissions of the national level programming of the public television stations?

a. Over 60%

Source: http://www.czech-tv.cz/ct/publikace/pdf/facts_march2004.pdf
Last updated: 2006-11-30 09:32:47 UTC

ME15 What proportion of the population can receive transmissions of the national level programming of the national level programming of the public radio stations?

a. Over 60 %

Source: http://www2.rozhlas.cz/informace/onas/brozura04_engl.pdf
Last updated: 2005-11-13 14:46:55 UTC

ME16 In your opinion, upon which types of media at national level in your country do citizens most rely as a source of information? Mark the most important source with 1, and the second most important source with 2:

a. Public radio

c. Private radio

d. Public television

f. Private television

Source: Opinion of the researcher.
Last updated: 2005-11-13 14:48:18 UTC

ME18 What are the laws, if any, that provide for the safeguards for editorial autonomy in relation to the public broadcaster(s)?

a. a

Comments: ACT dated 17 May 2001 on radio and television broadcasting operation and on changes of other acts. (Broadcasting Act)
Source: http://www.ijnet.org/FE_Article/MediaLaws.asp?uilang=1&country=698&terms=&Category=-1&txtAction=Search
Last updated: 2005-11-13 14:50:22 UTC

ME19 What are the laws, if any, which govern the granting of broadcasting licenses/frequencies to private broadcasters?

a. A

Source: http://www.ijnet.org/FE_Article/MEdiaLaw.asp?CID=115655&UILang=1&CIdLang=1 http://merlin.obs.coe.int/iris/2004/8/article10.en.html
Last updated: 2006-11-30 09:32:47 UTC

ME20 Who grants licenses/frequencies to private broadcasters?

c. Other (specify)

Comments: "Article 4 Position of the Council for Radio and Television Broadcasting (1) The Council for Radio and Television Broadcasting (hereinafter only "the Council") with the seat in Prague shall be hereby established. (2) The Council shall be an administrative authority which shall execute government administration in the area of radio and television broadcasting and retransmission and shall supervise maintaining and further development of plurality of programme offer and information in the area of radio and television broadcasting and retransmission, shall observe the independence of its content and shall fulfil other tasks laid down by this Act and by other specific legal regulations."
Source: ACT dated 17 May 2001 on radio and television broadcasting operation and on changes of other acts. (Broadcasting Act)
Last updated: 2006-11-30 09:32:47 UTC

ME21 Who is allowed to hold broadcasting licenses?

b. Private companies

d. Foreigners

f. State owned companies

Comments: -as an example: *Country Radio (...)is owned by the US company Metromedia International, Inc. ** Prima TV is the other nationwide commercial television. (...)The licence to broadcast is owned by the Investment and Post Bank which is the only partner of Prima´s operator, the FTV Premiera. *** Among the private stations Frekvence 1-- which has a French owner and is connected to Europe 2--has the largest audience.
Source: ACT dated 17 May 2001 on radio and television broadcasting operation and on changes of other acts, Part One, General provisions, Article 3 (1)-(4) and Article 14.
Last updated: 2006-11-30 09:32:47 UTC

ME22 What are the legal conditions, if any, under which the activities of a media outlet may be suspended?

a. a

Comments: "The Council for Radio and Television Broadcasting may decide to suspend the dissemination of a programme of television broadcasting taken over from another State the contents of which are in obvious and gross breach with the provisions of Article 32(3) The Council may only so decide if the operator of retransmission taken over from another State disseminating such a programme has been at least twice notified in writing by the Council within the past 12 months about the obvious and gross breach of the provisions of Article 32(2) hereof; if such a breach occurs repeatedly, the dissemination thereof may be suspended."
Source: ACT dated 17 May 2001 on radio and television broadcasting operation and on changes of other acts (Broadcasting Act): Article 62 (1)-(2). and Article 32(2)
Last updated: 2006-11-30 09:32:47 UTC

ME23 Are any journalists currently imprisoned or facing criminal charges for exercising their profession?

a. Yes

Source: http://www.praguepost.com/P03/2004/Art/0624/news7.php See also: http://www.penclub.at/wip/caselist/europe.html the trial of Michal ZITKO
Last updated: 2006-11-30 09:32:47 UTC

ME24 What legal instruments are used to regulate media coverage of elections?

a. Law

Source: Electoral Acts
Last updated: 2005-11-13 15:39:25 UTC

ME25 Which of the following bodies or agencies has a responsibility in the regulation of media coverage of elections?

a. Statutory regulator (e.g. broadcasting licensing body)

d. Legislature

Comments: * The Council of Czech Republic for Radio and Television Broadcasting ** Broadcasting Act (11. May 2001.)
Source: ACT dated 17 May 2001 on radio and television broadcasting operation and on changes of other acts. (Broadcasting Act)
Last updated: 2006-11-30 09:32:47 UTC

ME26 What form does the responsibility, if any, of the EMB to regulate media coverage of elections take?

d. Other (specify)

Comments: Not specified in Broadcasting Act, neither in the Parlamental elections Act
Last updated: 2005-11-13 15:45:52 UTC

ME27 Does the EMB monitor media coverage of elections?

a. Yes

Comments: ACT dated 17 May 2001 on radio and television broadcasting operation and on changes of other acts. (Broadcasting Act) Part two: COUNCIL FOR RADIO AND TELEVISION BROADCASTING Article 4: Position of the Council for Radio and Television Broadcasting and Article 5: Powers and duties of the Council
Source: That's the duty of The Council for Radio and Television Broadcasting
Last updated: 2006-11-30 09:32:47 UTC

ME28 What form does the authority, if any, of the EMB to enforce remedies or sanctions against the media in case of breach of the rules on media coverage of elections take

d. Not applicable

Comments: Thats the duty of The Council for Radio and Television Broadcasting
Source: ACT dated 17 May 2001 on radio and television broadcasting operation and on changes of other acts. (Broadcasting Act) Part two: COUNCIL FOR RADIO AND TELEVISION BROADCASTING Article 4: Position of the Council for Radio and Television Broadcasting and Article 5: Powers and duties of the Council
Last updated: 2006-11-30 09:32:47 UTC

ME29 Do political parties or candidates have a right to have their replies to inaccurate or misleading media coverage published promptly and free of charge?

a. Yes

Comments: This article of law of universal validity should also apply to political parties and candidates. (see below, source)
Source: ACT dated 17 May 2001 on radio and television broadcasting operation and on changes of other acts. (Broadcasting Act) Part Five, Title II : Protection of Persons Affected by the Contents of Radio or Television Broadcasting: Article 35: The Right of Reply & Article 38: Conditions of the Transmission of a Reply and Additional Announcement
Last updated: 2006-11-30 09:32:47 UTC

ME30 What is the legal liability of the media if they report unlawful statements by candidates during election campaigns (e.g. defamatory or inflammatory speeches)?

b. Administrative sanction

Comments: The Council for Radio and Television Broadcasting ( hereinafter only "the Council") is established by the Broadcasting Act dated 17 May 2001 (No. 231/2001 Coll.) as an administrative authority which shall execute government administrationin the area of radio and television broadcasting and retransmission. The Council shall supervise maintaining and further development of plurality of programme offer and information in the area of radio and television broadcasting and retransmission, shall observe the independence of its content and shall fulfil other tasks laid down by legal regulations. (http://www.rrtv.cz/en/) (2) The Council shall be an administrative authority which shall execute government administration in the area of radio and television broadcasting and retransmission and shall supervise maintaining and further development of plurality of programme offer and information in the area of radio and television broadcasting and retransmission, shall observe the independence of its content and shall fulfil other tasks laid down by this Act and by other specific legal regulations. (Article 4 of Act dated 17 May 2001 on radio and television broadcasting operation and on changes of other acts)
Source: http://www.rrtv.cz/en/ http://www.rrtv.cz/slozeni_uradu_en/index.html The Council for Radio and Television Broadcasting http://www.ijnet.org/FE_Article/ml/CRBroadcastingAct.htm#p2 Broadcasting Act, see Part seven (from Article 59), Penalty Provisions
Last updated: 2006-11-30 09:32:47 UTC

ME34 Which of the following types of radio stations provide political parties with free broadcast time for national election campaigns?

a. Publicly owned

Source: Act NO. 247 On Elections to the Parliament of the Czech Republic, and on Amendments of Certain Other Acts, Dated September 27, 1995 Article 16
Last updated: 2006-11-30 09:32:47 UTC

ME35 Which of the following types of television stations provide political parties with free broadcast time for national election campaigns?

a. Publicly owned

Source: Act NO. 247 On Elections to the Parliament of the Czech Republic, and on Amendments of Certain Other Acts, Dated September 27, 1995 Article 16
Last updated: 2006-11-30 09:32:47 UTC

ME36 Which of the following types of daily and weekly newspapers provide political parties with free printed advertisement space for national election campaigns?

e. None

Comments: Not specified in the electoral acts.
Source: Act NO. 247 On Elections to the Parliament of the Czech Republic, and on Amendments of Certain Other Acts, Dated September 27, 1995 Article 16
Last updated: 2006-11-30 09:32:47 UTC

ME37 What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?

a. Equal regardless of size of party and previous performance

Source: Act NO. 247 On Elections to the Parliament of the Czech Republic, and on Amendments of Certain Other Acts, Dated September 27, 1995 Article 16, (3) http://www.memo98.sk/index.php?base=data/zahr/cz/cz_final.txt
Last updated: 2006-11-30 09:32:47 UTC

ME38 What, if any, is the maximum amount that a political party is permitted to spend on paid advertising during a campaign period?

b. The law does not specify any limits on paid advertising X

Source: Act NO. 247 On Elections to the Parliament of the Czech Republic, and on Amendments of Certain Other Acts, Dated September 27, 1995 and http://www.osce.org/documents/odihr/2002/07/1421_en.pdf
Last updated: 2006-11-30 09:32:47 UTC

ME39 Which of the following types of radio stations provide individual candidates (legislative) with free broadcast time for national election campaigns?

a. Publicly owned

Source: Act NO. 247 On Elections to the Parliament of the Czech Republic, and on Amendments of Certain Other Acts, Dated September 27, 1995
Last updated: 2005-11-13 16:02:07 UTC

ME40 Which of the following types of television stations provide individual candidates (legislative) with free broadcast time for national election campaigns?

a. Publicly owned

Source: Act NO. 247 On Elections to the Parliament of the Czech Republic, and on Amendments of Certain Other Acts, Dated September 27, 1995
Last updated: 2005-11-13 16:02:27 UTC

ME41 Which of the following types of daily and weekly newspaper provide individual candidates (legislative) with free printed advertisement space for national election campaigns?

e. None

Comments: Not mentioned in electoral acts.
Source: Act NO. 247 On Elections to the Parliament of the Czech Republic, and on Amendments of Certain Other Acts, Dated September 27, 1995
Last updated: 2005-11-13 16:03:00 UTC

ME42 What are the criteria for allocating free broadcast time and/or free printed advertisement space to individual candidates (legislative)?

h. Not applicable

Comments: Not regulated in the Act NO. 247 On Elections to the Parliament of the Czech Republic, and on Amendments of Certain Other Acts, Dated September 27,
Last updated: 2006-11-30 09:32:47 UTC

ME43 Which of the following types of radio stations provide individual candidates (legislative) with paid broadcast time for national election campaigns?

a. Publicly owned

Source: Act NO. 247 On Elections to the Parliament of the Czech Republic, and on Amendments of Certain Other Acts, Dated September 27, 1995 Article 16 The Election Campaign
Last updated: 2006-11-30 09:32:47 UTC

ME44 Which of the following types of television stations provide individual candidates (legislative) with paid broadcast time and/or paid printed advertisement space for national election campaigns?

a. Publicly owned

Source: Act NO. 247 On Elections to the Parliament of the Czech Republic, and on Amendments of Certain Other Acts, Dated September 27, 1995 Article 16 The Election Campaign
Last updated: 2006-11-30 09:32:47 UTC

ME45 Which of the following types of daily and weekly newspapers provide individual candidates (legislative) with printed advertisement space for national election campaigns?

a. Publicly owned

c. Privately owned

d. Owned by political parties

Source: Act NO. 247 On Elections to the Parliament of the Czech Republic, and on Amendments of Certain Other Acts, Dated September 27, 1995 Article 16 The Election Campaign
Last updated: 2006-11-30 09:32:47 UTC

ME46 What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to individual candidates (legislative)?

g. Not regulated: based only on the amount the candidate wishes to spend

Source: Act NO. 247 On Elections to the Parliament of the Czech Republic, and on Amendments of Certain Other Acts, Dated September 27, 1995 (no regulation)
Last updated: 2006-11-30 09:32:47 UTC

ME47 Which of the following types of radio stations provide presidential candidates with free broadcast time for national election campaigns?

e. None

Comments: No presidential elections
Last updated: 2005-11-13 16:10:49 UTC

ME48 Which of the following types of television stations provide presidential candidates with free broadcast time for national election campaigns?

e. None

Comments: No presidential elections
Last updated: 2005-11-13 16:11:23 UTC

ME49 Which of the following daily and weekly newspapers provide presidential candidates with free printed advertisement space for national election campaigns?

e. None

Comments: No presidential elections
Last updated: 2005-11-13 16:11:59 UTC

ME50 What are the criteria for allocating free broadcast time and/or free printed advertisement space to presidential candidates?

h. Not applicable

Last updated: 2005-11-13 16:12:31 UTC

ME51 Which of the following types of radio stations provide presidential candidates with paid broadcast time for national election campaigns?

e. None

Comments: no presidential elections
Last updated: 2005-11-13 16:12:56 UTC

ME52 Which of the following types of television stations provide presidential candidates with paid broadcast for national election campaigns?

e. None

Comments: No presidential elections
Last updated: 2005-11-13 16:13:39 UTC

ME53 Which of the following types of daily and weekly newspapers provide presidential candidates with paid printed advertisement space for national election campaigns?

e. None

Comments: No presidential elections.
Last updated: 2005-11-13 16:14:37 UTC

ME54 What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to presidential candidates?

i. Not applicable

Comments: No presidential elections
Last updated: 2005-11-13 16:14:57 UTC

ME55 What, if any, is the maximum amount that a presidential candidate is permitted to spend on paid advertising?

Comments: No presidential elections
Last updated: 2005-11-13 16:15:24 UTC

ME56 What are the laws, if any, which govern the disclosure of campaign advertising expenditures by political parties and candidates?

Comments: No information found on this question.
Last updated: 2005-11-13 16:16:54 UTC

ME57 What, if any, is the maximum amount that a media outlet can charge parties/candidates for advertising during the campaign?

Comments: No information on this question.
Last updated: 2005-11-13 16:17:30 UTC

ME58 How does this maximum amount (identified in question C.15.1) affect the political participation of smaller or newly formed parties?

Comments: no information on this question
Last updated: 2005-11-13 16:18:06 UTC

ME59 Are televised debates between candidates or party representatives normally conducted?

b. Yes, in legislative elections

Comments: In the Czech Republic the TV debates between candidates are usually conducted before elections. TV debates are not based on law; it is just ordinary practices. Only The Act No. 247/1995 Collections of Laws, on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws, in amendments, according to its section 16 (4) regulates election campaign in TV in such a way that political parties, political movements and coalitions running for elections to the Assembly of Deputies, whose lists of candidates have been registered, shall be allocated a total of 14 hours of free broadcasting time in the Czech Radio and a total of 14 hours of free broadcasting time in the Czech Television, which shall be divided equally among the political parties, political movements and coalitions running for election; the broadcasting time shall be determined by a draw; the responsibility for the content of such programs rests with the political parties, political movements and coalitions.
Source: Lucie Rodová, Ministry of the interior of the Czeck Republic - Elections and Association Section
Last updated: 2006-11-30 09:32:47 UTC

ME60 What legal requirements, if any, regulate the participation of candidates or party representatives in media debates?

Comments: It is not regulated by law.
Last updated: 2005-11-13 16:19:04 UTC

ME61 Which of the following information in reporting the results of opinion polls are required to be disclosed by law?

a. Person or agency that commissioned the opinion poll

c. Characteristics of the sample

d. Size of the sample

Comments: In short information pieces found online (television, radio channels and another online information sources) only the information of point A, was marked. Opinion poll results found on this web page (see source) specify the polling information in details.
Source: http://archiv.soc.cas.cz/enindex.phtml http://archiv.soc.cas.cz/english/online_en.phtml sociological data archive
Last updated: 2006-11-30 09:32:47 UTC

ME62 What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?

d. 6-7 days

Comments: Election forecasts resulting from public-opinion polls shall not be published after the seventh day preceding the day of the elections.
Source: Source: Act NO. 247 On Elections to the Parliament of the Czech Republic, and on Amendments of Certain Other Acts, Dated September 27, 1995 Article 16 (5)
Last updated: 2006-11-30 09:32:47 UTC

ME63 Where, if at all, may exit polls be carried out?

b. Outside the polling station

Source: Source: Act NO. 247 On Elections to the Parliament of the Czech Republic, and on Amendments of Certain Other Acts, Dated September 27, 1995 Article 16:The Election Campaign, (5) and A questionnaire of the exit poll in 1996: http://www.gesis.org/en/data_service/eastern_europe/data/questionnaire/3124que.pdf
Last updated: 2006-11-30 09:32:47 UTC

ME64 If exit polls are permitted, when can the results be disseminated via the media?

b. After all polls close

Source: Source: Act NO. 247 On Elections to the Parliament of the Czech Republic, and on Amendments of Certain Other Acts, Dated September 27, 1995 Article 16:The Election Campaign, (5) and A questionnaire of the exit poll in 1996: http://www.gesis.org/en/data_service/eastern_europe/data/questionnaire/3124que.pdf
Last updated: 2006-11-30 09:32:47 UTC

ME65 When are the media, by law, allowed to report preliminary election results?

b. After all polls close, before official results are available

Source: Source: Act NO. 247 On Elections to the Parliament of the Czech Republic, and on Amendments of Certain Other Acts, Dated September 27, 1995 Article 16 The Election Campaign, (7)
Last updated: 2006-11-30 09:32:47 UTC

ME66 Are the media allowed to project/predict winners before the final results are available?

a. Yes

Comments: Not specified in the Broadcasting Act, neither in the Parlamental Electitions Act, but media are usually free to predict the winners after all polls close.
Last updated: 2006-11-30 09:32:47 UTC

Parties and Candidates

PC01 What are the registration requirements for political parties running for national elections (Chamber 1)?

b. Deposit requirement (specify amount)

Comments: b) A deposit of 15,000 CZK for a candidate list in each region in the elections to the House of Deputies. It does not matter if it is submitted by a political party or movement or by a coalition of many parties or movements. The deposit is called an "electoral cost contribution."
Source: Articles 31-34 of Electoral Act on the Elections to Parliament (no. 247/1995 as amended)
Last updated: Wed, 26 Jun 2002 13:30:38 GMT

PC02 What are the registration requirements for political parties running for national elections (Chamber 2)?

d. No registration required

Comments: In case a party (or a movement) candidate the name of the candidate can be submitted just by the political party or movement which is in the register of political parties and movements kept by the Ministry of Interior. It is a general requirement, valid for the elections to both chambers of the Parliament.
Source: Petra Wagnerova, Election Law Expert, Ministry of Interior, Czech Republic, pwagnero(a)csu.notes.cz
Last updated: Tue, 02 Jul 2002 12:57:10 GMT

PC03 What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?

a. Age

b. Citizenship

f. Registration

Comments: A Czech citizen who is 21 years old (at least on the second day of voting) and has the right to vote can stand as a candidate in elections to the House of Deputies.
Source: Constitution, Art.19(1) Article 25 of the Electoral Act on Elections to the Parliament (no. 247/1995 as amended)
Last updated: 2006-11-15 10:56:53 UTC

PC04 What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?

a. Age

b. Citizenship

f. Registration

Comments: A Czech citizen who is at least 40 years old (at least by the second day of voting) and has the right to vote can stand as a candidate in elections to the Senate.
Source: Constitution, Art.19(2) Article 57 of the Electoral Act on Elections to Parliament (no. 247/1995 as amended)
Last updated: 2006-11-15 10:56:53 UTC

PC05 What are the legal qualifications for becoming a candidate at presidential elections?

a. Age

b. Citizenship

Comments: A Czech citizen who is at least 40 years old (at least by the second day of voting) and has the right to vote can stand as candidate for President.
Source: Constitution, Art.57(1-2) and 65(2)
Last updated: 2006-11-15 10:56:53 UTC

PC06 What can disqualify a candidate at legislative elections?

o. Other

Comments: Nothing mentioned above is an obstacle for standing as a candidate. Holders of other offices must resolve the situation after the elections if they become the President, Deputy, Senator or other representative, as some offices are incompatible by law. In such a situation they must give up one of the offices.
Source: Constitution, Art.21-22
Last updated: Tue, 11 Jun 2002 21:10:07 GMT

PC07 What can disqualify a candidate at presidential elections?

c. Criminal record

Comments: A person cannot stand as candidate if he/she has previously served two consecutive terms as President. c)If a President has been condemned for a charge of high treason, the Constitutional Court can bar him/her from standing as a Presidential candidate in the future.
Source: Constitution, Art. 57(1-2) and 65(2)
Last updated: 2006-11-15 10:56:53 UTC

PC08 Can independent candidates compete in presidential or legislative elections?

e. In both presidential and legislative elections

Comments: A candidate not affiliated with a political party or movement can compete in all kinds of elections in the Czech Republic. There are however differences in the formal requirements for doing so.
Source: Articles 31 and 61 of the Electoral Act on Elections to Parliament (no. 247/1995 as amended) Article 20 of the Electoral Act on Elections to the Local Authorities (no. 491/2001) Article 21 of the Electoral Act on Elections to the Representative Bodies of Regions (no. 130/2000 as amended)
Last updated: 2006-11-15 10:56:53 UTC

PC09 If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?

b. Deposit requirement (specify)

d. Other

Comments: (interview with EMB official, Petra Wagnerova, Election Law Expert, Ministry of the Interior) Such a candidate must be linked on a candidate list which is submitted by a political party or movement. That party or movement must deposit 15,000 CZK for a candidate list. Their political party or non-affiliated status is listed on the ballot. The candidate does not make an individual deposit.
Source: Article 31 of electoral act on elections to Parliament (no. 247/1995 as amended)
Last updated: Wed, 15 May 2002 13:33:00 GMT

PC10 If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?

a. Signature requirement (specify)

b. Deposit requirement (specify)

Comments: (interview with EMB official, Petra Wagnerova, Election Law Expert, Ministry of the Interior) An independent candidate must deposit 20,000 CZK and obtain 1,000 signatures of supporters.
Source: Article 61 of the electoral act on elections to the Parliment (no. 247/1995 as amended)
Last updated: Fri, 19 Apr 2002 14:58:30 GMT

PC11 If independent candidates can compete in presidential elections, what are the registration requirements?

d. Other

Comments: (interview with EMB official, Petra Wagnerova, Election Law Expert, Ministry of the Interior) Any candidate for President must be proposed by a group of at least 10 deputies or senators.
Source: Article 58 (1) of Constitution
Last updated: Fri, 19 Apr 2002 15:00:39 GMT

PC12 Do political parties receive direct/indirect public funding?

b. Direct

c. Indirect

Comments: A political party or a political movement which gets at least 1,5% of all valid votes in the elections to the House of Deputies obtains the state contribution for the purpose of cover their campaign costs. The constribution is 100 CZK for 1 vote. Further, there are 2 other forms of state funding in the time "between" the elections which are provided according to the act no. 424/1991: contribution for a mandate and the permanent contribution (6 000 000 CZK a year) for party or movement which obtained at least 3% of all valid votes in the elections to the House of Deputies.
Source: Petra Wagnerova, Election Law Expert, Ministery of Interior, Section of election and association, pwagnero(a)csu.notes.cz International IDEA (2003) "Funding of Political Parties and Election Campaigns"
Last updated: 2006-11-15 10:56:53 UTC

PC15 What is the basis of the public funding?

b. Based on result of previous election

Source: Petra Wagnerova, Election Law Expert, Ministry of Interior, Czech Republic, pwagnero(a)csu.notes.cz
Last updated: Wed, 26 Jun 2002 13:42:38 GMT

PC17 Are political parties entitled to private funding?

a. Yes

Source: Petra Wagnerova, Election Law Expert, Ministry of Interior, Czech Republic, pwagnero(a)csu.notes.cz
Last updated: Fri, 28 Jun 2002 10:55:54 GMT

PC18 If political parties are entitled to private funding, for what period?

c. As related to the election period and between elections

Source: Petra Wagnerova, Election Law Expert, Ministry of Interior, Czech Republic, pwagnero(a)csu.notes.cz
Last updated: Fri, 28 Jun 2002 10:58:40 GMT

PC19 Which of the following party financing provisions are applicable?

h. Publication or public access to contribution and / or expenditure reports

Comments: Every political party and political movement must submit to the House of Deputies in terms according to law their financial report with figures according to the law. This report is public.
Source: Act on political parties and political movements no. 424/1991, paragraph 18
Last updated: Wed, 26 Jun 2002 12:51:12 GMT

PC21 Who is responsible for administering and enforcing party income/funding regulations at national level?

c. Government department

Source: Petra Wagnerova, Election Law Expert, Ministry of Interior, Czech Republic, pwagnero(a)csu.notes.cz
Last updated: Fri, 28 Jun 2002 11:00:05 GMT

Vote Counting

VC01 What are the characteristics of ballots used at national legislative elections (Chamber 1)?

a. Single ballot (all registered parties listed)

e. Ability to vote for candidates within parties (personal vote)

f. Same ballot papers used nationwide

Comments: (interview with EMB official, Petra Wagnerova, Election Law Expert, Ministry of the Interior) For quality the format ballot papers in the same elections must be the same nationally. In elections in which various candidates stand in each region there are of course differences. For the elections to House of Deputies, there is one ballot for each candidate list; a voter can only mark 2 preferred candidates on the chosen ballot paper. The ballot papers are signed by the district authority which has its seat in the capital of the region.
Last updated: Fri, 19 Apr 2002 17:14:57 GMT

VC02 What are the characteristics of ballots used at national legislative elections (Chamber 2)?

b. Multi-ballot (each party has own ballot, voter picks one ballot and places in envelope)

Comments: (interview with EMB official, Petra Wagnerova, Election Law Expert, Ministry of the Interior) Each candidate in the Senate elections has his/her own ballot paper. No marking is allowed. Ballots are signed by the competent district authority.
Last updated: Fri, 19 Apr 2002 15:50:32 GMT

VC03 What are the characteristics of ballots used at presidential elections?

s. Not Applicable

Comments: (interview with EMB official, Petra Wagnerova, Election Law Expert, Ministry of the Interior) The President is elected by the Parliament. Therefore the election has very different regulations than other elections.
Last updated: Fri, 19 Apr 2002 15:51:45 GMT

VC04 Following the close of the voting, where are the votes first sorted and counted?

a. At the polling stations

Comments: The counting of votes starts at polling stations and is done by members of the electoral commissions.
Source: Art. 40 and art.69 of the Act on the elections to the Parliament no.247/1995 LD.
Last updated: Wed, 26 Jun 2002 14:01:52 GMT

VC06 Following the sorting and counting, to where are the results first transmitted for consolidation?

b. Sub-district level

Comments: The results are transmitted for consolidation to sub-district level. After the elections the ballot papers are stored by local authorities and the other electoral documentation is stored by the electoral bodies which are competent to it in accordance with the law.
Source: Act on elections to the Parliament, no. 247/1995 and the ministerial notice no. 233/2000.
Last updated: Wed, 26 Jun 2002 14:09:30 GMT

VC08 How are the initial/preliminary polling results transmitted and communicated to the different levels?

a. Physically transported

f. By computer

Comments: The initial polling results are transmitted to the sub-district level office by physical transportation and in the same time on a disc to make it possible to input them into the system of the Czech statistical office. The results from polling stations abroad are sent via fax or via e-mail under the local conditions.
Source: Petra Wagnerova, Election law expert, Section of election and association, pwagnero(a)csu.notes.cz
Last updated: 2006-03-20 22:14:05 UTC

VC11 Under what conditions are ballots recounted?

e. Court order

Comments: The ballots can be recounted only by an independent court in case of a judicial review.
Source: Petra Wagnerova, Election Law Expert, Ministry of Interior, Czech Republic, pwagnero(a)csu.notes.cz
Last updated: Wed, 26 Jun 2002 14:15:18 GMT

VC12 If automatically recounted, what is the trigger?

e. Not applicable

Source: Petra Wagnerova, Election Law Expert, Ministry of Interior, Czech Republic, pwagnero(a)csu.notes.cz
Last updated: Wed, 26 Jun 2002 14:16:28 GMT

VC13 If ballots are recounted by request, who can make the request?

g. Not applicable

Source: Petra Wagnerova, Election Law Expert, Ministry of Interior, Czech Republic, pwagnero(a)csu.notes.cz
Last updated: Wed, 26 Jun 2002 14:17:10 GMT

VC14 If recounted, who conducts the recount?

h. Courts

Source: Act on elections to the Parliament, no. 247/1995 and act. no 150/2002, Administrative Court order.
Last updated: Wed, 26 Jun 2002 14:42:37 GMT

VC15 Are preliminary results announced?

a. Yes

Comments: (interview with EMB official, Petra Wagnerova, Election Law Expert, Ministry of the Interior) Preliminary results are accessible via the Internet.
Last updated: Fri, 19 Apr 2002 15:54:47 GMT

VC17 Is there a legal requirement for the declaration of the officially certified results?

a. Yes

Comments: The State Electoral Commission (SEC) officially declares the results of the elections.
Source: Act on elections to the Parliament, no.247/1995.
Last updated: Wed, 26 Jun 2002 14:47:39 GMT

VC18 How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)

b. days:

Comments: There is no legal requirement of it. But there is a custom that the results are known on Saturday/Sunday, the State electoral commission informs about them at a press conference on Monday and officially are announced on Tuesday in the newspaper. Since this moment the term for appeal to court are running. The voting ends at 2 o'clock p.m. on Saturday.
Last updated: 2006-03-20 22:14:05 UTC

Voter Education

VE01 Who conducts voter education and information campaigns at the national elections (informing where, when and how to register and vote)?

a. National Electoral Management Body

b. Regional Electoral Management Bodies

c. Local/County Electoral Management Bodies

i. Media

Comments: a.)The "real electoral education" is prepared by the Ministry of Interior and by the Czech statistics office for the use of the electoral bodies (especially for the members who is responsible for the registration of candidate lists and for members of electoral commissions). a.), b.), c.) The electoral bodies have the duty to inform voters about time and location of voting. Their duty is also to answer questions from voters or organizations about the electoral system and other election related topics. i.) The media offer the most information about elections.
Source: Art. 9/2 f) and art 15 of the Act on elections to the Parliament no. 247/1995 LD
Last updated: Wed, 26 Jun 2002 13:19:36 GMT

VE02 At the national level, how often are voter education programs conducted?

b. Election time only

Comments: (interview with EMB official, Petra Wagnerova, Election Law Expert, Ministry of the Interior) Communication election information is usually done in election time -- or in an election year.
Last updated: Tue, 09 Apr 2002 19:04:11 GMT

VE04 What types of voter education activities were carried out at the most recent national elections?

a. Poster/ Billboard campaigns

b. Media advertisement

e. Public meetings

g. Internet

Comments: (interview with EMB official, Petra Wagnerova, Election Law Expert, Ministry of the Interior) The voters were informed in various ways, especially those checked above. However all of the above listed wyas were used in the electoral campaigns of political parties, movements, and coalitions.
Last updated: Tue, 09 Apr 2002 19:06:22 GMT

VE06 Special voter education programs were developed at the most recent national elections for:

d. Ethnic minorities

Comments: In certain localities voter information is prepared by the Ministry of Interior in languages of minorities living in the Czech Republic.
Source: Petra Wagnerova, Election Law Expert, Ministry of Interior, Czech Republic, pwagnero(a)csu.notes.cz
Last updated: Wed, 26 Jun 2002 13:23:32 GMT

Voting Operations

VO02 Is there a code of conduct for election officials?

b. No

Comments: There is no code of conduct for election officials; their conduct is regulated by the Electoral Law.
Source: Electoral Act on Elections to Parliament (no. 247/1995 as amended) Electoral Act on Elections to Representative Bodies of Regions (no. 130/2000 as amended) Electoral Act on Elections to Local Authorities (no. 491/2001)
Last updated: Wed, 12 Jun 2002 20:29:18 GMT

VO03 Where can electors vote?

b. At any polling station in the same voting district

c. At any polling station in the same country

Comments: b.) Voters in elections for the Senate can vote at any polling station in any electoral ward within their constituency. c.) Voters in elections to the House of Deputies can vote at any polling station in the country or abroad at Czech embassies and consulates.
Source: Petra Wagnerova, Election Law Expert, Ministry of Interior, Czech Republic, pwagnero(a)csu.notes.cz
Last updated: Wed, 26 Jun 2002 13:45:19 GMT

VO04 Who can vote from outside the country?

c. Citizens outside the country (including those on vacation)

Comments: c) Only applies to elections for the House of Deputies. For elections to the Senate citizens residing outside the country must return to the state to vote.
Source: All czech electoral act which are in force, for example Art.3 of the Act on elections to the Parliament no.247/1995 LD.
Last updated: Wed, 26 Jun 2002 13:51:08 GMT

VO05 If voting outside the country is permitted, at what places?

a. Embassies

b. Consulates

c. Special polling stations

Comments: c.) Special polling stations are set up in frame of embassies and consulates of the Czech Republic.
Source: Art. 3/2 of the Act on elections to the Parliament no. 247/1995 LD.
Last updated: Wed, 26 Jun 2002 13:56:30 GMT

VO06 Can people vote in advance of the designated national election day(s)?

a. No

Source: Art. 1 of the Act on elections to the Parliament no. 247/1995 LD.
Last updated: Wed, 26 Jun 2002 13:57:50 GMT

VO07 If electors can vote in advance of the designated national election day(s), how may they do so?

f. Not applicable

Comments: Voters can not vote in advance.
Source: Petra Wagnerova, Election Law Expert, Ministry of Interior, Czech Republic, pwagnero(a)csu.notes.cz
Last updated: Wed, 19 Jun 2002 09:31:23 GMT

VO08 If electors can vote in advance of the designated national election day(s), specify who:

g. Not applicable

Comments: Voters can not vote in advance.
Source: Petra Wagnerova, Election Law Expert, Ministry of Interior, Czech Republic, pwagnero(a)csu.notes.cz
Last updated: Wed, 19 Jun 2002 09:31:53 GMT

VO09 Is there a maximum allowable voter capacity of a polling station for the national elections?

b. No

Source: Petra Wagnerova, Election Law Expert, Ministry of Interior, Czech Republic, pwagnero(a)csu.notes.cz
Last updated: Tue, 11 Jun 2002 22:01:39 GMT

VO10 Is there a maximum allowable voter capacity of a polling station for the national elections?

b. No Na

Last updated: Mon, 13 May 2002 08:29:20 GMT

VO11 How do electors cast their votes?

a. By manually marking the ballot

Source: Act on elections to the Parliament, paragraph 39 and 68 of the act no. 247/1995
Last updated: Wed, 26 Jun 2002 12:53:41 GMT

VO13 Approximately how many hours of training were provided to the presiding polling officer for the most recent national elections?

a. hours: 16

Comments: (interview with EMB official, Petra Wagnerova, Election Law Expert, Ministry of the Interior) There are usually 2-day workshops for electoral officers from regions and districts. The trainers are officers from the Ministry of the Interior and the Czech statistics office.
Last updated: Mon, 13 May 2002 08:28:24 GMT

Voter Registration

VR01 What is the legal voting age in the national elections?

Comments: This is the requirement in all public elections.
Source: Constitution, Art. 18 Chapter 1 of the Electoral Act on Elections to Parliament (no. 247/1995 as amended)
Last updated: 2006-11-29 23:44:40 UTC

VR02 Beyond age, what other qualifications exist for registering to vote and voting in the national elections?

a. Citizenship

Comments: Citizenship is a condition for voting, except in elections to local authorities -- non-nationals who have their residence in the locality can vote in it.
Source: Constitution, Art.18 Section 1/5 of the Electoral Act on Elections to the Parliament (no. 247/1995 as amended) Section 4 of the Electoral Act on Elections to the Local Authorities (no. 491/2000)
Last updated: 2006-11-29 23:44:40 UTC

VR03 What restrictions on registering to vote and voting exist in the country?

h. Other

Comments: h.) 1. Limitation of personal freedom for the protection of public health (in case of stopping the spread of an infections disease); 2. Deprivation of the capacity to enter into legal acts.
Source: Section 2 of the Electoral Act on Elections to Parliament (no. 247/1995 as amended)
Last updated: 2006-11-29 23:44:40 UTC

VR04 Which is the authority responsible for the registration of voters for national elections?

c. Local Government Authority

Comments: Voters are registered in the permanent voters lists by local authority or in the special voters list by embassies and consulates abroad.
Source: LD no. 491/2001 and paragraph 6 Act on elections to the Parliament. (LD no.247/1995)
Last updated: Wed, 26 Jun 2002 13:07:20 GMT

VR05 What is the registration method for national elections?

b. Voters register

Comments: There are two types of voters lists for the elections to the national Parliament. Both of them are permanent and in both of them only Czech nationals can register.
Source: Electoral Act on Elections to Parliament (no. 247/1995 as amended), Art.4 Electoral Act on Elections to the Local Authorities (no. 491/2001)
Last updated: 2006-11-29 23:44:40 UTC

VR06 How frequently is the voters register updated?

b. Annually

Comments: The voters register is closed two days before each election, during which time it is not possible to make any changes. Otherwise changes are done annually as an official duty (ex-officio) or by request of a voter.
Source: Electoral Act on Elections to Parliament (no. 247/1995) as amended) Electoral Act on Elections to Local Authorities (no. 491/2001) Section 3 and 4 of the Ministerial notice of the Ministry of the Interior (no. 59/2002) relation to act no. 491/2001.
Last updated: 2006-11-29 23:44:40 UTC

VR07 What methods are used to compile and update the voters register?

b. Links to police records of residence

Comments: (from interview with EMB official, Petra Wagnerova, Election Law Expert, Ministry of the Interior)
Source: ministerial notice of the Ministry of Interior (no. 59/2002) regarding act no. 491/2001
Last updated: Tue, 09 Apr 2002 18:42:33 GMT

VR08 Is it compulsory to be on the voters register?

a. Yes

Comments: The voters register is a duty for electoral bodies ex-officio, in case of the permanent voters list which is kept by the local authorities (so it is compulsory). In case of the special voters list (abroad)it depends on the request of the voter (it is voluntary). Voters have no duty to register themselves.
Source: Petra Wagnerova, Election Law Expert, Ministry of Interior, Czech Republic, pwagnero(a)csu.notes.cz
Last updated: 2006-11-29 23:44:40 UTC

VR09 Approximately what percentage (on the basis of cost) of registration supplies and equipment are obtained or produced within the country?

Last updated: 2006-11-29 23:44:40 UTC

May 20, 2008 08:18 AM

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