A C T

on Elections to the Bodies of Self-government Regions and

on Amendment to the Code of Civil Procedure

of July 4, 2001

The National Council of the Slovak Republic has passed the following Act:

Section I

P A R T O N E

FUNDAMENTAL PROVISIONS

Article 1

The elections to the bodies of self-government regions¹⁾ are held on the basis of the general, equal, and direct right to vote by ballot.

Article 2

(1) The persons eligible to vote the bodies of self-government regions (hereinafter referred to as ”the voters”) must be the citizens of the Slovak Republic or the foreign nationals resident in the municipality within the territory of the self-government region, or must be resident in the military area within the relevant constituency for the purposes of the elections of the bodies of self-government regions, and 18 years of age on the day of the poll.

(2) The execution of the voting right is impossible due to -

(a)lawful restriction of personal freedom on the grounds of public health protection2);

(b)serving a sentence of imprisonment3);

(c)incapacitation4);

(d)execution of military service or substitute civil service, or specialised service in cases where performance of duties requires so pursuant to special regulations.5)

Article 3

To sit as a deputy of the Council of self-government region (hereinafter referred to as ”a deputy of the Council”) a person must be eligible to vote, be permanent resident in the municipality within the territory of the constituency for which he is standing as candidate, and there are no obstacles for execution of the voting right under Article 2 (b) and (c) above.

Article 4

Only a person entitled to vote under Article 2, paragraph (1), 25 years of age on the day of the poll may be elected as the Head of regional self-government (hereinafter referred to as ”the Head”) if there are no restrains to prevent him from execution of his voting right under Article 2, (2)(b) and (c).

P A R T T W O

CONSTITUENCIES AND ELECTION WARDS

Article 5

Constituencies

(1) For the purposes of elections of the Council of regional self-governments (hereinafter referred to as ”Council”) each self-government region shall constitute the single-mandate constituencies and multi-mandate constituencies proportionate to the number of population of a particular self-government region.

(2) The Council shall specify the constituencies, the number of the deputies of the Council under paragraph (1) and the residences of the District Election Commissions, and publish them within 65 days before the polling day.

(3) For the purposes of election of the Head, each self-government region shall represent one single-mandate constituency.

Article 6

Election Wards

(1) In the municipalities, towns, Capital of the Slovak Republic, Bratislava, as well as in the town of Košice and their town districts (hereinafter referred to as ”municipalities”), the election wards shall be constituted for the purposes of casting votes and the count.

(2) The distribution of the election wards and polling stations within them shall be specified by the Mayor of the municipality, Mayor of the town (hereinafter referred to as ”Mayor of the municipality”) or Mayor of town district within the Capital of the Slovak Republic, Bratislava and the town of Košice not later than 40 days before the polling day.

(3) The election wards shall be distributed in such way, that their electorate incorporates, as a rule, 1,000 voters. The election wards must not extend beyond the boundaries of the constituency.

(4) The election wards within a municipality shall be allocated consecutive numbers expressed in Arabic numerals. In Bratislava, Capital of the Slovak Republic, and Košice the election wards shall be allocated separate consecutive numbers in each town district. The election wards shall be allocated their numbers also in the cases, where there is only one election ward in a municipality.

P A R T T H R E E

REGISTER OF ELECTORS

ELIGIBLE TO VOTE IN AN ELECTION WARD

Article 7

(1) The municipalities shall prepare the register of electors eligible to vote in individual election wards (hereinafter referred to as ”electoral register”) with reference to the permanent electoral register6). The foreign nationals who are permanently resident in the municipality and have reached 18 years of age on the day of the poll shall be added into the electoral register by the municipality.

(2) Pursuant to paragraph (1) above, the municipality shall deliver two identical duplicates of the electoral register to the District Election Commission not later than two hours before the beginning of the poll.

(3) On the polling day the District Election Commission shall add into electoral register -

(a) the voters pursuant to court decision7);

(b) the voters who prove by a valid identity card that their permanent address is in area within the election ward8).

P A R T F O U R

ELECTORAL BODIES

Article 8

General Provisions

(1) The following electoral bodies shall be established for the purposes of the elections to the bodies of self-government regions (hereinafter referred to as ”election”) -

(a) the Central Election Commission;

(b) the Regional Election Commissions;

(d) the Ward Election Commissions.

(2) To become a member of an Election Commission, a person must be eligible to vote. The persons standing as candidates for the deputies of Council and Presiding Councillor are disqualified from sitting in an Election Commission.

(3) Election Commissions are constituted from equal number of the representatives of political parties, political movements, or their coalitions (hereinafter referred to as ”political parties”), respectively, which file separate nomination papers. The political parties shall announce the full names of candidates and substitute candidates and their addresses to the person who calls the first assembl/y of the Election Commission. Withdrawal of nomination paper by a political party results in expiry of representation of the political party in relevant electoral commission. The function of the member of the Election Commission expires on the day of delivery of a written notice of a political party, which nominated the candidate, or a written notice of the Commission member of his resignation addressed to the Chairman of the Election Commission. In the case of expiry of the function of a member of the Election Commission the Chairman shall call up a substitute candidate.

(4) The members of an Election Commission take up their function by making following oath of allegiance: ”I swear on my honour to conscientiously and impartially perform my duties and to obey the laws and Constitution of the Slovak Republic.” The oath is made before a person who summoned the meeting of the Commission and confirmed by signature of the member.

(5) The Election Commission constitutes a quorum if simple majority of all its members is present. A resolution is passed by majority of votes of present members. In case of tie a proposal is considered dismissed. The Election Commission shall record the course of the meeting in the minutes.

(6) At its first meeting the Election Commission shall draw lots to appoint Chairman and Deputy Chairman. The lottery is supervised by the Registrar of the Election Commission.

(7) The Statistical Office of the Slovak Republic shall establish expert (summarising) units designed to prepare processing and to process the elections returns to assist the Central Election Commission, Regional Election Commissions, and District Election Commissions. The members of the expert (summarising) units of the Election Commissions shall make an oath pursuant to the paragraph (4) above.

Article 9

Registrar of the Election Commission

(1) The Registrar of the Election Commission is responsible for organizational and administrative matters related to preparation and conduct of the meetings of Election Commission. He attends meetings of the Election Commission and has an advisory vote. At the same time he acts as a consultant of the Election Commission.

(2) The Registrar of -

(a) the Central Election Commission is appointed and withdrawn by the Government of the Slovak Republic;

(b) the Regional Election Commission is appointed and withdrawn by the Head;

(d) the Ward Election Commission is appointed and withdrawn by the Mayor of a municipality.

(3) The Registrar is appointed sufficiently in advance in order to carry out the tasks under this Act. The Registrar makes an oath under Article 8 (4).

Article 10

The Central Election Commission

(1) Each political party, which files nomination papers for elections to the Council in at least one half of self-government regions, is entitled to delegate one member and one substitute to the Central Election Commission not later than 30 days before the polling day.

(2) The first meeting of the Central Election Commission shall be held within 20 days before the polling day, the first meeting shall be summoned by the Prime Minister of the Slovak Republic.

(3) The Central Election Commission shall

(a) co-ordinate the activities of the Election Commissions of the lower instance;

(b) (b) decide on the complaints about the conduct of Regional Election Commissions;

(d) perform other duties under this Act.

(4) Ministry of the Interior of the Slovak Republic shall establish an expert and administrative unit designed to assist the Central Election Commission at the elections.

Article 11

The Election Commission of Self-government Region

(1) Each political party, which files nomination papers for elections to the Council in at least one third of constituencies of a self-government region, is entitled to delegate one member and one substitute to the Regional Election Commission not later than 40 days before the polling day.

(2) The Regional Election Commission must consist of at least five members. If the Regional Election Commission has not been set up of the required number of members in the manner specified in paragraph (1) above, or if the number of its members drops below five and a substitute is not available, the Chairman shall appoint missing members from among voters.

(3) The first meeting of the Regional Election Commission shall be held within 35 days before the polling day, the first meeting shall be called by the Head.

(4) The Regional Election Commission shall

(a) co-ordinate the activities of the District and Ward Election Commissions;

(b) decide on the complaints about the conduct of the District Election Commissions;

(d) collect and publish the overall election returns in self-government region; and

(e) perform other duties under this Act.

Article 12

District Election Commission

(1) Each political party, which files nomination papers for elections to Council in the election district, is entitled to delegate one member and one substitute to the District Election Commission not later than 30 days before the polling day.

(2) The District Election Commission must consist of at least five members. If the District Election Commission has not been set up of the required number of members in the manner specified in paragraph (1) above, or if the number of its members drops below five and a substitute is not available, the Head shall appoint missing members from among voters.

(3) The first meeting of the District Election Commission shall be held within 25 days before the polling day; the Head shall call the first meeting.

(4) The District Election Commission shall

(a) co-ordinate the activities of the Ward Election Commissions;

(b) decide on the complaints about the conduct of the Ward Election Commissions;

(d) perform other duties under this Act.

Article 13

Ward Election Commission

(1) Each political party, which files nomination papers for elections to the Council in the constituency, a part of which is the ward, is entitled to delegate one member and one substitute to the Ward Election Commission not later than 30 days before the polling day.

(2) The Ward Election Commission must consist of at least five members. If the District Election Commission does not have the specified number of members and is not established pursuant to paragraph (1) above, or if the number of its members drops below five and a substitute is not available, the Mayor of the municipality shall appoint missing members from among voters.

(3) The first meeting of the Ward Election Commission shall be held within 25 days before the polling day; the Mayor of the municipality shall call the first meeting.

(4) The Ward Election Commission shall

(a) conduct the poll and in particular supervise correct casting the votes; and

(b) count the votes, prepares the minutes on the poll, and maintains order at the polling station.

P A R T F I V E

DELIVERY OF NOMINATION PAPERS

AND REGISTRATION OF CANDIDATES

Article 14

Delivery of Nomination Papers

for Elections to the Council

(1) The nomination papers for self-government elections may be filed for each constituency by the political parties and by independent candidates separately.

(2) The political party shall, via its election agent, or independent candidate in person, deliver to the Registrar of the Regional Election Commission their nomination papers in two duplicates not later than 40 days before the polling day.

(3) The nomination papers of a political party shall contain

(a) (a) the registered name of the political party;

(b) (b) the full name, academic degree, age, occupation, permanent addresses of candidates and their order in Arabic numerals;

A person standing as a candidate cannot be appointed an election agent or a substitute.

(4) The political party may include in the nomination paper only the number of candidates corresponding to the number of deputies of Council to be elected in the relevant constituency.

(5) If a political party files its nomination paper for one election district individually, it cannot file another nomination paper to another election district for the election to the same Council as a coalition member. If a political party files its nomination paper as a coalition member, it may file another nomination paper for election to the same Council in another election district only as a member of the same coalition.

(6) A nomination paper of an independent candidate shall contain his full name, academic degree, age, occupation, permanent address and his signature. The first duplicate of the nomination paper of an independent candidate is accompanied by a petition9) signed by at least 400 electors from his constituency. In the petition, every signature shall be accompanied by the full name of the elector and his permanent address, i.e. the name of municipality and street (if the municipality is subdivided into streets), and house number.

(7) The first duplicate of each nomination paper shall be accompanied by candidate´s declaration signed in his own hand that he approves his candidacy and has not given his consent to be listed in another nomination paper, and that he is not aware of any particulars giving rise to his disqualification.

(8) A candidate standing at regional government elections can be nominated only in one election ward.

(9) To stand as a candidate for a deputy of Council a person must be resident in the municipality falling to the election district he is standing for.

(10) A chairmanship candidate can stand also as a candidate to the Council.

(11) The Registrar shall confirm the delivery of a nomination paper by the election agent of a political party or by an independent candidate in the second duplicate of their nomination papers. The Registrar shall deliver the nomination papers to the Regional Election Commission for review and registration.

Article 15

Registration of Nomination Papers for

Elections to Council

(1) The Regional Election Commission shall review delivered nomination papers and disqualify a candidate -

(a) (a) who does not meet eligibility criteria under Article 3 above;

(b) (b) whose nomination paper does not include a declaration under Article 14 (7);

(c) (c) who is listed in the nomination papers of several political parties, or in nomination papers to several election districts in the same nomination paper, which lacks the declaration under Article 14 (7); if the candidate signed the declaration accompanying several nomination papers, the Commission shall cross off his name from all nomination papers;

(d) (d) whose listing in a nomination paper exceeds the number of permitted candidates under Article 14 (4).

(e) (e) who is not resident in the municipality within the territory of the election ward he stands to as a candidate;

(f) (f) if a petition under Article 14 (6) is incomplete or missing entirely.

(2) The Regional Election Commission shall not accept a nomination paper if it does not comply with this Act and cannot be adjusted under paragraph (1) above. The Regional Election Commission shall register the nomination papers qualifying under this Act, as well as nomination papers adjusted under paragraph (1) above within 30 days before the polling day. Registration shall be marked on the nomination paper. Registration of nomination papers is a precondition of issuing ballot papers.

(3) The Regional Election Commission shall invite the election agents of the political parties and independent candidates to collect the decision of registration personally within 24 hours. If a political party election agent or independent candidate does not collect the decision within specified time, the decision is considered to be delivered. The involved political party or candidate can, within 24 hours from the delivery of the decision resulting in crossing off the candidate from nomination paper or rejection of his nomination, challenge a court to issue a decision on the duty of the Regional Election Commission to leave a candidate in the nomination paper or to register the nomination paper .

(4) If a court rules to leave a candidate on a nomination paper or to register the nomination paper under a special regulation10), the Regional Election Commission shall execute registration within 24 hours from the delivery of the court ruling.

Article 16

Publication of the List of Candidates

(1) Upon registration of nomination papers, the Regional Election Commission shall deliver the list of candidates according to election districts to the Central Election Commission, and via Regional Office also to the municipalities within 20 days before the polling day. The list shall contain the full name of candidate, his academic degree, age, occupation, permanent address and the registered name of a political party, which nominated the candidate, or a note indicating an independent candidate.

(2) The municipality shall publish the list of candidates in the way usual in this place not later than 15 days before the polling day.

Article 17

Renouncement of Candidacy and Withdrawal of Nomination

(1) A candidate may renounce his candidacy in writing within three days before the polling day. Before this date also a political party can withdraw its nomination of a candidate.

(2) A notice of renouncement of candidacy or withdrawal of nomination shall be delivered to the Chairman of the Regional Election Commission in two duplicates who shall immediately arrange its publication. The expert and government unit of the Regional Election Commission shall be notified of the renouncement of candidacy or withdrawal of nomination. The renouncement or withdrawal cannot be recalled.

(3) Where a notice of renouncement of candidacy or withdrawal of nomination is made after registration of nomination papers or where a political party ceases to exist or its activity is held up11) after registration of nomination papers, the details of candidates shall remain on ballot papers but they shall not be taken into consideration during allocation of mandates.

Article 18

Ballot Papers

(1) The Chairman of Regional Election Commission in co-operation with the Regional Office shall be responsible for correct data on printed ballot papers.

(2) Each election district shall have all candidates printed on one ballot paper. The ballot paper shall be printed in letters of identical type, size, and on paper of the same colour and quality.

(3) The candidates in the ballot paper shall be listed in alphabetical order with order number, full name, academic degree, age, occupation, and the name of the political party, which delivered nomination paper or a note indicating an independent candidate, as well as number of regional Council deputies to be elected in the respective district.

(4) All candidates and their details must be printed exclusively on one side of a ballot paper. The ballot papers bear a stamp of the Regional Election Commission at the end of the list of candidates.

(5) The Regional Office shall arrange the delivery of ballot papers to municipalities: the municipalities shall arrange the delivery of ballot papers to the Ward Election Commissions not later than on the polling day.

(6) The electors will be given ballot papers inside the polling station on the polling day.

Article 19

Delivery of Nomination Papers of Candidates for the Head

(1) The political parties and independent candidates can deliver the nomination papers for the election of the Head.

(2) A political party shall, via its election agent and an independent candidate in person, deliver the nomination papers in two duplicates to the Registrar of the Regional Election Commission not later than 40 days before the polling day.

(3) A nomination paper of a political party shall include:

(a) (a) the registered name of the political party;

(b) (b) the full name, academic title, age, occupation, and permanent address of the candidate;

(c) (c) the full name of the election agent of the political party and his substitute and their addresses. A candidate cannot act as an election agent or substitute.

(4) A political party can list only one candidate in a nomination paper.

(5) The nomination paper of an independent candidate shall include his full name, academic title, age, occupation, permanent address, and signature of the candidate. The first duplicate of the nomination paper of an independent candidate⁸⁾ shall be accompanied by the petition, signed by at least 1,000 electors of the relevant constituency. In the petition every signature shall include the full name of a voter, his permanent address meaning the name of municipality, street if the municipality is divided into streets, and house number.

(6) The first duplicate of each nomination paper must be accompanied by candidate´s declaration signed in his own hand that he approves his candidacy and has not given his consent to be listed in another nomination paper, and that he is not aware of any particulars giving rise to his disqualification.

(7) A chairmanship candidate must be resident in the municipality falling to the self-government region or must be resident in the military area which belongs, for the purpose of the elections, to the relevant region.

(8) A candidate for the Council can also stand as a candidate for the Head.

(9) The Registrar shall confirm the delivery of a nomination paper by the election agent of a political party or by an independent candidate in the second duplicate of their nomination papers. The Registrar shall deliver the nomination papers to the Regional Election Commission for review and registration.

Article 20

Registration of Nomination Papers for the Elections of Chairman

(1) The Regional Election Commission shall review delivered nominationpapers and cross off a candidate

(a) (a) who does not meet eligibility criteria under Article 4 above;

(b) (b) whose nomination paper does not include the declaration under Article 19 (6);

(c) (c) who is not resident in the municipality within the territory of the self-government region, or is not resident in the military area which belongs, for the purpose of the elections, to the territory of the self-government region;

(d) (d) if a petition under Article 19 (5) is incomplete or missing entirely.

(2) The provisions of Article 15 (2), (3) and (4) apply equally.

Article 21

Publication of the List of Candidates,

Renouncement of Candidacy and Withdrawal of Nomination

The provisions of Article 16 and Article 17 shall apply accordingly also for election of the Head.

Article 22

Ballot Papers

(1) The Chairman of the Regional Election Commission, in co-operation with Regional Office, is responsible for correctness of data presented in ballot papers.

(2) A ballot paper for the election of Chairman shall include the list of candidates in alphabetical order with order number, full name, academic degree, age, occupation, and the name of the political party which delivered the nomination paper, or a note indicating an independent candidate.

(3) The ballot paper shall be printed in letters of identical type, size, and on paper of the same colour and quality.

(4) The provisions of Article 18 (4), (5) and (6) shall apply equally.

P A R T S I X

PREPARATION OF ELECTIONS

Article 23

Date of the Election

(1) The elections to the Council and the elections of the Heads shall be held within last 14 days of their electoral term. The elections shall be announced by the Chairman of the National Council of the Slovak Republic.

(2) The Chairman of the National Council of the Slovak Republic shall announce the elections and the date of the elections not later than 90 days before the polling day. The decision of the Chairman of the National Council of the Slovak Republic shall be published in the Collection of Laws of the Slovak Republic12).

(3) The election shall be held in the whole territory of the Slovak Republic on the same day - Saturday.

(4) The election shall be held on specified date between 7:00 and 22:00. Where local circumstances require so, the local government may rearrange the beginning of election to earlier hour.

Article 24

Information for Voters

The municipality shall deliver a notice announcing time of election, election ward and place of the polling station to each person listed in the electoral register not later than 25 days before the polling day. The notice shall also indicate an obligation to produce identity card⁸⁾ immediately before the ballot, and briefly inform of the method of marking a ballot paper.

Article 25

Preparations in Polling Station

Before the beginning of elections the Chairman of a Ward Election Commission shall inspect ballot box and portable ballot box and seal them in the presence of polling clerks. He shall further check the facilities of the polling station, readiness of the electoral register, and the number of ballot papers and blank, opaque envelopes marked with the official seal of the municipality (hereinafter referred to as ”the envelopes”) for sufficiency.

Article 26

Polling Booths

(1) A polling room shall have a special space confined to provide secrecy of the ballot (polling booths). The number of such polling booths shall be specified by municipality with respect to the number of voters listed in the election ward.

(2) No other person can be present in the polling booth together with an elector during marking ballot papers unless Article 30 (1) applies.

Article 27

Election Campaign

(1) The time of election campaign means the period beginning 17 days and ending 48 hours before the poll.

(2) The municipality shall designate the space for posting the election advertisements for the purposes of the election campaign not later than 35 days before the polling day. Its use must comply with the principle of equality of participating political parties and independent candidates.

(3) Any election campaign is prohibited 48 hours before the poll and on the polling day.

(4) The members of the Election Commissions and members of the expert (summarising) units must not provide information on the course and results of the elections before signature of the minutes on the result of elections.

P A R T S E V E N

PROCEDURE OF THE POLL

Article 28

Beginning of the Poll

Upon performing inspection under Article 25 the Chairman of the Ward Election Commission shall pronounce the elections open. The Chairman and other polling clerks are entitled to vote as the first if they are eligible to vote in the relevant election ward.

The Poll

Article 29

(1) An elector votes in person. Proxy is not permitted. The polling clerks are prohibited to mark the ballot papers for the voters. The voters step before the Ward Election Commission and cast a vote in the order of entering the polling station.

(2) The voter shall prove his identity⁸⁾ at the polling station and upon marking his name off in the Election Register, the polling clerk shall give him the envelope with ballot papers. When the voter does not produce his identity card and none of the polling clerks knows him, he will be asked by the Election Commission to prove his identity with the help of two witnesses known to the polling clerks. If the voter fails to do so before the end of the poll, he shall not be admitted to vote.

(3) After receiving the envelope with ballot papers the voter shall enter the polling booth where the voter shall put one ballot paper for the election to the Council and one ballot paper for election of the Head into the envelope. He shall circle the order numbers of preferred candidates on the ballot paper for election to the Council. The voter can circle only as many candidates as are to be elected in the relevant election district. The voter shall circle the order number of preferred candidate for the Head on the ballot paper for the election of the Head.

(4) Upon voter´s request, the Ward Election Commission shall replace the ballot papers marked by the voter by mistake for the new ones.

(5) The polling is made so that upon leaving the polling booth the voter puts the envelope into a ballot box. The Election Commission shall not permit voting to a voter who has not entered the polling booth.

(6) The voter is entitled to ask the Ward Election Commission on serious, especially health grounds, for permission to vote outside the polling station, however, only within the territory of the election ward in the responsibility of the Ward Election Commission. In such case the Ward Election Commission shall send two polling clerks with a portable ballot box, an envelope and ballot papers to the voter. During the voting the polling clerks shall proceed in such way as to support secrecy of the ballot.

Article 30

(1) A voter incapable to mark his ballot papers due to physical incapacity, or reading or writing difficulties, is entitled to enter polling booth accompanied by other voter, other than a member of the Ward Election Commission, for the purpose of marking voter´s ballot papers and depositing them into the ballot box according to the handicapped voter´s instructions.

(2) Upon request of the voter incapable to put the envelope into a ballot box due to his physical incapacity, another voter, however, not a member of the Ward Election Commission, may do so in his presence.

Article 31

Order in Polling Station and its Vicinity

(1) The order in the polling station and its vicinity is the responsibility of the Chairman of the Ward Election Commission, or Deputy Chairman during his absence.

(2) The instruction to maintain order in the polling station and dignified course of the poll is binding for all present persons. The Chairman of the Ward Election Commission or Deputy Chairman in his absence shall arrange that the polling station is not overcrowded. The Chairman of the Ward Election Commission or Deputy Chairman in his absence shall permit the presence of the observers where it does not interfere with the poll.

Article 32

Suspension of the Poll

Where circumstances prevent to open the poll, continue in its implementation, or to close the poll, the Ward Election Commission is authorised to postpone the beginning of the poll for later hour, to suspend the poll, or to extend polling hours. However, the total hours of the poll (under Article 23) must not be shortened. The Ward Election Commission shall notify voters of this measure in the way common in the election ward. When the poll is interrupted, the Ward Election Commission shall seal the ballot papers, envelopes, electoral register, ballot box, and portable ballot box. At re-opening of the poll the Chairman of the Ward Election Commission witnessed by the polling clerks, or Deputy Chairman during his absence, shall inspect the seals and make record of this fact in the minutes.

Article 33

Close of the Poll

Only the voters present in the polling station or in front of it shall be allowed to vote at the close of the poll. Then the polling station shall be closed and the Chairman of the Ward Election Commission shall pronounce the poll closed.

P A R T E I G H T

ESTABLISHMENT OF ELECTION RETURNS

Article 34

Attendance at the Count

The members of the Election Commissions of higher level, members of the expert (summarising) units, as well as persons (observers) authorised by the Ward Election Commission may be present in the room where the Ward Election Commission conducts the count.

Article 35

Count of the Votes by the Ward Election Commission

(1) At the close of the poll Chairman of the Ward Election Commission shall get the unused ballot papers and envelopes sealed with the exception of unused ballot papers selected and marked by the Chairman of the Commission in presence of its members acting as counting agents. Then the ballot box will be opened. If the Ward Election Commission used a portable ballot box upon request of individual voters, the Commission shall mix the content of all boxes after their opening.

(2) Upon removing the envelopes from the ballot box the Ward Election Commission shall count them and compare their number with the entries in electoral register. The unofficial envelopes and ballot papers which were not put into envelopes, shall be rejected as void.

(3) Following removing of the ballot papers from the envelopes the Ward Election Commission shall sort out the ballot papers for the election to Council and papers for election of the Head. Then the Commission shall count the valid votes cast in favour of individual candidates for the election of the Council and the number of valid votes cast in favour of individual candidates for the election of the Head. The results shall be recorded in the minutes on the poll.

(4) Each member of the Ward Election Commission is authorised to inspect the ballot papers. The Chairman of the Ward Election Commission shall review the count for correctness.

Article 36

Void Ballot Papers

(1) A ballot paper is void if -

(a) (a) not on a prescribed form;

(b) (b) it is not marked pursuant to Article 29 (3); or

(c) (c) if an elector marked by circle no candidate, or marked more candidates than are to be elected to the Council in the constituency; or if he marked no candidate for the election of the Head or marked by circle more candidates than one at such election.

(2) If an envelope contains two or more ballot papers for the election of the Council, all ballot papers are void; the same applies to the ballot papers for the election of the Head.

(3) The damage to the ballot paper has no effect on its validity if all details are visible. Crossed or added names are not taken into consideration.

(4) In uncertain cases the Ward Election Commission shall issue the final decision in respect of validity or invalidity of a ballot paper.

Article 37

Minutes of the Ward Election Commission on the Poll

(1) The Ward Election Commission shall write minutes on the Poll in two duplicates signed by the Chairman of the Commission, other members of the Commission, and the Registrar. The reasons for refusal to sign shall be recorded.

(2) The minutes of the Ward Election Commission shall contain –

(a) (a) the time of beginning and the time of end of the poll, or its suspension, respectively;

(b) (b) the number of eligible voters within the election ward listed in the electoral register;

(d) (d) the number of returned envelopes;

(e) (e) the number of valid votes cast in favour of individual candidates at elections of Council;

(f) (f) the number of valid votes cast in favour if individual candidates at election of the Head.

Article 38

End of Term of the Ward Election Commission

(1) Following the count of votes and signing both duplicates of the minutes on the Poll, the Chairman of the Ward Election Commission shall announce the result of the poll, immediately deliver one duplicate of the minutes to the Ward Election Commission and wait for an order to dissolve the Commission.

(2) The Ward Election Commission shall seal used ballot papers, envelopes and electoral register, and deliver them together with the second duplicate of the minutes and other election-related documents to the municipality for deposit.

Article 39

Minutes of the District Election Commission

on the Result of the Poll in Constituency

(1) The District Election Commission shall collect the results of the poll in its constituency from the minutes on the Results of the Elections of the Ward Election Commission.

(2) The District Election Commission shall make minutes on the Result of the Elections in its constituency in two duplicates signed by the Chairman of the Commission, other members of the Commission, and the Registrar of the Commission. The reasons for refusal to sign it shall be recorded.

(3) The minutes of the District Election Commission shall contain -

(a) (a) the number of election wards and number of Ward Election Commissions, which delivered the results of the poll;

(b) (b) the number of eligible voters listed in the electoral registers;

(d) (d) the number of returned envelopes;

(e) (e) the number of valid votes cast in favour of individual candidates elections to the Council;

(f) (f) the full names of the candidates elected in the constituency for the members of the Council and full names of their substitutes, registered name of the political party, which nominated them, or a note indicating independent candidates;

(g) (g) the number of valid votes cast in favour if individual candidates for the election of the Head.

(4) Upon signature of both duplicates of the minutes on the result of the poll in relevant constituency the Chairman of the District Election Commission shall immediately deliver one duplicate of the minutes to the Regional Election Commission and wait for the instruction to dissolve the Commission; a duplicate of the minutes shall be made for each polling clerk upon his request. The second duplicate of the minutes and other election-related documents shall be delivered to the Regional Office for deposit.

Article 40

Minutes of the Regional Election Commission

on Election Returns

(1) The Regional Election Commission shall make minutes on election returns in two duplicates signed by the Chairman of the Commission, other members of the Commission, and the Registrar of the Commission. The reasons for refusal to sign it shall be recorded.

(2) The minutes of the Regional Election Commission shall contain -

(a) the number of constituencies;

(b) the number of District Election Commissions which delivered the minutes on the results of the poll in their constituencies;

(d) the number of voters who were given the envelopes;

(e) the number of returned envelopes;

(f) the number of valid votes cast in favour of individual candidates at regional government elections;

(g) the full names of the candidates elected for the members of regional government and full names of their substitutes, registered name of the political party, which nominated them, or the note indicating independent candidates;

(h) the number of valid votes cast in favour of individual candidates at the elections of Chairman;

(i) the full name of elected Chairman, registered name of the political party, which nominated him, or the note indicating an independent candidate; or the statement, that, with the respect to the result of the election the second round of election shall be held and the names and details of candidates who will stand in the second round of elections.

(3) After signature of both duplicates of the minutes on the Result of the Elections in relevant self-governed region the Regional Election Commission shall immediately deliver one duplicate of the minutes to the Central Election Commission and wait for the instruction to dissolve the Commission; a duplicate of the minutes shall be made for each polling clerk upon his request. The second duplicate of the minutes and other election-related documents shall be delivered to the Regional Office for deposit.

Article 41

Election Returns

(1) The candidates with the highest number of valid votes in the relevant constituency are elected the members of the Council.

(2) Where there is a tie between two or more candidates of the same political party in one constituency, the candidate listed first in the nomination paper of the relevant political party shall be elected.

(3) Where it is not possible to determine who was elected the deputy of the Council under paragraph (2) above because the candidates were nominated by different political parties or are independent candidates, the District Election Commission shall determine elected member by lot.

(4) The candidate who received absolute majority of votes is elected the Chairman [of the regional government].

Article 42

The Second Ballot

(1) Where none of the candidates received absolute majority of valid votes in the first ballot, the second ballot shall be held within 14 days. The Chairman of the National Council of the Slovak Republic shall announce the second ballot and its date immediately after publication of the election returns by the Central Election Commission.

(2) The two candidates who received the highest number of valid votes in the first ballot shall stand at the second ballot. Where one of the candidates at the second ballot disqualifies as a candidate for Chairman, or if he renounces his candidacy, the candidate with the third highest number of votes in the first ballot shall replace him. Where there are two candidates not available for the second ballot, the new election shall be held under Article 46 (1)(d).

(3) The second ballot shall be held pursuant to Articles 17 and 21, 22, 25, 26, 28 to 40, and Articles 23 and 27 shall apply accordingly.

(4) In the second ballot the candidate who received the highest number of votes is elected the Head. Where there is a tie between two candidates the new elections shall be held under Article 46 (1)(d).

Article 43

Publication of Election Returns

The Regional Election Commission shall publish the results of elections to the Council and the results of election of the Head by the method usual in the relevant region immediately upon singing the minutes. Information on the election returns shall be delivered to the Regional Office, which shall deliver them to all municipalities. The municipalities shall arrange publication of this information by method usual in the municipality.

Article 44

Certificate of Election

The Regional Election Commission shall issue a Certificate of Election to the candidates elected as the members of the Council and the candidate elected the Head .

Article 45

Minutes of the Central Election Commission

on Election Returns

(1) The Central Election Commission collects the results of the elections to the Council and the elections of the Heads in the territory of the Slovak Republic.

(2) The Central Election Commission shall write minutes on the results of the elections to the Councils in the territory of the Slovak Republic signed by the Chairman of the Commission, other members and the Registrar of the Commission. The reasons for refusal to sign it shall be recorded, too.

(3) The minutes shall contain

(a) the number of entitled voters listed in the electoral registers;

(b) the number of voters who were given the envelopes;

(d) the number of self-government regions where the Council was elected;

(e) elected Heads with regard to political parties and independent candidates.

(4) The Central Election Commission shall publish overall election returns immediately upon signing the minutes on the election returns. The documents relating to the elections shall be delivered to the Ministry of the Interior of the Slovak Republic for deposit.

Article 46

The New Election

(1) The Chairman of the National Council of the Slovak Republic shall proclaim new elections, where -

(a) (a) the election under this Act, for any reasons,

(b) (b) was not held in a self-government region;

(d) (d) a seat in a Council vacates and a substitute candidate under Article 48 (1) is not available or the office of the Head vacates; or

(e) (e) two candidates for the second ballot of elections of the Head are not available, or where there is a tie between two candidates for the Head in the second ballot.

(2) Where circumstances under subarticle (1)(a) occur, the Chairman of the National Council of the Slovak Republic shall proclaim new elections within 14 days from publication of the results by the Central Election Commission.

(3) Subject to paragraph (1)(c) the self-government regions shall submit the request for proclamation of the new election to the Chairman of the National Council of the Slovak Republic through the Ministry of the Interior of the Slovak Republic.

(4) The time limits provided for by this Act maybe shortened for the new election, however, not more than by one third. The time limits for the new election shall be attached to the decision of the Chairman of the National Council of the Slovak Republic on proclamation of the new elections.

(5) The new election shall not be proclaimed in the last six months of the electoral term of the Councils.13)

Article 47

Function of Election Commissions

The Election Commissions and their units are established for the whole electoral term.

Article 48

Substitutes

(1) If a seat in the Council vacates, the candidate with the highest number of votes obtained in the constituency, but not elected a deputy of the Council shall replace him. Where there is a tie between two candidates, Article 41 (3) applies.

(2) The Council shall announce the name of the substitute 15 days after vacation of the seat and issue a Certificate of Election signed by the Chairman of the Council.

P A R T N I N E

COMMON, TRANSITIONAL,

AND FINAL PROVISIONS

Article 49

Election Logistics

(1) Municipalities shall provide all means of logistics, especially polling stations, their equipment, and auxiliary staff for the Ward Election Commissions.

(2) The Office of the self-government region shall provide all means of logistics and auxiliary staff for the District Election Commissions and Regional Election Commission.

Article 50

Co-operation of Public Authorities

All public authorities have statutory obligation to co-operate in implementation of this Act.

Article 51

Computerised Processing of Election Returns

(1) The software, logistics, and hardware required for computerised processing of the results of elections shall be provided by the Statistical Office of the Slovak Republic.

(2) The Ministry of the Interior of the Slovak Republic and electoral authorities have statutory obligation to timely notify the appropriate department of the Statistical Office of the Slovak Republic of any fact, which may effect the conditions of computerised processing of election returns.

Article 52

Remuneration of the Members of Election Commissions

(1) The position of the member of Election commission is a honorary position. The rights and entitlements of the member of election commission relating to his employment or other business relationship must not be limited as a result of the conduct of his position. He is entitled to paid leave, or, in case of self-employed person, to compensation equal to proportional part of the minimum salary of employed persons remunerated by monthly salary.

(2) The employer who paid out salary compensation under paragraph (1) above is entitled to recover the paid amount.

(3) The Ministry of the Interior of the Slovak Republic shall, by a generally binding regulation, determine the method of compensation or claim settlement under paragraphs (1) and (2) by agreement with the Ministry of Finance of the Slovak Republic.

(4) The member and Registrar of the Ward Election Commission is entitled to remuneration for conducting his duties in the Commission in time, when he is not entitled to salary compensation under paragraph (1) above. The Ministry of the Interior of the Slovak Republic shall determine the amount and method of payment of remuneration by a generally binding regulation by agreement with the Ministry of Finance of the Slovak Republic.

Article 53

Remuneration of Candidates

The fact that a person stands as a candidate must not prejudice his employment or similar relationship.

Article 54

Recovery of the Costs of Conducting Elections

(1) The costs incurred by conducting the elections are met from the State Budget.

(2) The Ministry of the Interior of the Slovak Republic shall determine individual types of election-related expenses paid from the State Budget and the method of their payment pursuant to the agreement with the Ministry of Finance of the Slovak Republic.

(3) The political parties and independent candidates cover their election campaign expenditure by themselves.

Article 55

Measures against Idleness

If a municipality and its bodies fail to fulfil their tasks under Article 6 (2), Article 7 (1), (2), Article 9 (2)(d), Article 13 (2) and (3), Article 16 (2), Article 18 (5), Article 23 (4), Article 24, Article 26 (1), Article 27 (2), Article 43 – last sentence, and Article 49 (1) above, their fulfilment shall be arranged by the Director of the Regional Office.

T r a n s i t i o n a l P r o v i s i o n s

Article 56

(1) For the initial elections, the constituencies, number of members to be elected in them, and the seats of the Regional Election Commissions and District Election Commissions are referred to in Annex.

(2) For the initial elections, the Minister of the Interior of the Slovak Republic shall appoint the Registrars of the Regional Election Commissions and summon the first meeting of the Regional Election Commissions.

(3) For the initial elections, the powers of the Head pursuant to Article 9 (2)(c), Article 11 (2) and (3), and Article 12 (2) and (3) fall to the Director of the Regional Office, and the powers of the self-government region pursuant to Article 49 (2) to the Regional Office.

Article 57

If they do not contradict other laws, the measures taken by the appropriate public authorities to prepare implementation of this Act before announcement of the elections are considered the measures taken during its effect.

Article 58

Final Provisions

(1) The Ministry of the Interior of the Slovak Republic shall -

(a) arrange printing of sufficient number of ballot papers;

(b) prepare detailed provisions governing the tasks of the municipalities and local bodies of state administration in

1. establishing election wards;

2. preparing the electoral registers;

3. securing and furnishing of the polling stations;

4. retaining ballot papers and other election documentation in deposit.

(2) The Statistical Office of the Slovak Republic shall issue the methodology of processing of election returns by agreement with the Ministry of the Interior of the Slovak Republic.

Section II

The Act 99/1963 Coll., Code of Civil Procedure – Act No 36/1967 Coll., Act 158/1969 Coll., Act 49/1973 Coll., Act 20/1975 Coll., Act 133/1982 Coll., Act 180/1990 Coll., Act 328/1991 Coll., Act 519/1991 Coll., Act 263/1992 Coll., Act of the National Council of the Slovak Republic No. 5/1993 Coll., Act of the National Council of the Slovak Republic No. 46/1994 Coll., Act of the National Council of the Slovak Republic No. 190/1995 Coll., Act of the National Council of the Slovak Republic No. 232/1995 Coll., Act of the National Council of the Slovak Republic No. 233/1995 Coll., Act of the National Council of the Slovak Republic No. 22/1996 Coll., and the Act of the National Council of the Slovak Republic No. 58/1996 Coll. is amended as follows:

Article 200 (gb) shall be followed by Article 200 (gc), which including the heading shall read as follows:

”Article 200 (gc)

Proceeding in the Matters of Nomination Papers Registration

(1) Where the Election Commission, competent pursuant to the special law^34e), decides to cross off a candidate for elections to the bodies of self-government region, or refuses to register a nomination paper, the involved political party or independent candidate may file a motion to issue a decision on the obligation of the Regional Election Commission to leave the candidate on the nomination paper or to perform registration of his nomination paper with the District Court in the seat of the Regional Election Commission within 24 hours from the delivery of the decision of the Regional Election Commission.

(2) The parties to the case are: the political party concerned, the candidate concerned, and the Regional Election Commission.

(3) The court shall make a decision within three days from filling the motion. ”.

Footnote ^34e) reads as follows:

”^34e) Article 15 (3) and Article 20 (2) of the Act No. 303/2001 Coll. on Elections of the Bodies of Self-government Regions and on Amendment to the Code of Civil Procedure. ”.

Section III

Effect of the Act

This Act shall come into effect on the day of its Proclamation.

Rudolf Schuster, in his own hand

Jozef Migaš, in his own hand

Mikuláš Dzurinda, in his own hand

Annex

to the Act No. 303/2001 Coll.

ELECTION DISTRICTS, NUMBER OF THE DEPUTIES

TO BE ELECTED IN THEM, AND THE SEATS OF THE REGIONAL ELECTION COMMISSIONS AND DISTRICT ELECTION COMMISSIONS

BRATISLAVA SELF-GOVERNMENT REGION

Seat of the Regional Election