CHAIRMAN
OF THE NATIONAL COUNCIL OF THE
promulgates
full wording of the Slovak National Council Act No. 346/1990 Col. on
local elections of
ACT
OF THE SLOVAK NATIONAL COUNCIL
on local elections
The Slovak National Council has
decided to pass the following Act:
PART ONE
FUNDAMENTAL PROVISIONS
Local elections1) take
place on the basis of general, equal and direct right to vote by secret ballot.
(1) (1) To the right to vote to the local self-government entitled is a
citizen of the Slovak Republic residing in the municipality on a permanent
basis, who on the polling day has completed at least 18 years of age; in the
cities of Bratislava and Kosice to the right to vote to the local
self-government of city districts entitled is a citizen of the Slovak Republic
residing in the city district on a permanent basis who on the polling day has
completed at least 18 years of age (hereinafter referred to as „citizen“).
(2) (2) An obstacle to the exercise of the right to vote is considered
a)
a) a lawful restriction of individual freedom on
the grounds of the protection of public health2)
,
b) b) serving a term of imprisonment2a) ,
c)
c) deprivation or restriction of legal capacity3) .
As a deputy of a municipal council can be elected a citizen who has the
right to vote and no obstacles for the exercise of his/her right to vote
referred to in Section 2 paragraphs 2 b) and c) have appeared.
As a Mayor of a municipality or in Bratislava and Kosice as a Mayor of a
city district can be elected a citizen who has the right to vote and no
obstacles for the exercise of his/her right to vote referred to in section 2
paragraphs 2 b) and c) have appeared, and on the polling day he/she has
completed 25 years of age.
PART TWO
ELECTORAL REGISTER
(1) (1) A permanent electoral register (hereinafter referred to as
„register“) is compiled and kept by a municipality and in
(2) (2) During the electoral term a municipality shall be currently
establishing any facts that can be grounds for changes in the electoral
register. Such change can be made on the basis of
a)
a) its own registers,
b) b) notifications of state bodies,
c)
c) results of appeals.
(3) (3) The bodies which take decisions on citizens’ personal status or keep
records on citizens’ personal status3b)
shall without undue delay notify
municipalities on any citizenship granted or lost, on a citizen’s death or a
citizen pronounced dead, on any change of name or surname or on the deprivation
of legal capacity. The same applies to the bodies which take decisions on the
restriction of individual freedom on the grounds of the protection of public
health and to the bodies where the term of imprisonment is exercised /section
2, paragraph 2a) and b)/. The registration office 3c)
is obligated to report to the relevant city district the list of citizens who
have completed 18 years of age and the changes of citizens’ permanent residence
in
(4) (4) A municipality is obligated to enable a citizen to look into the
register to check that he/she has been entered on the register and the personal
data entered are veracious.
Section 6
Entry on the register, prerequisites and
changes in the register
(1) (1) A citizen who has the right to vote (hereinafter referred to as
„elector“) is entered onto the register in a municipality depending on his
permanent residence. Each elector can be entered only on one register.
(2) (2) The electoral register is compiled in alphabetical order of
surnames.
(3) (3) The following data shall be entered on the register about each
elector:
a)
a) surname and name,
b) b) personal number,
c)
c) permanent residence3d) which for the
purposes of the present Act shall mean the name of municipality, street, if the
municipality is subdivided into streets, and of the house number.3d)
(4) (4) A municipality shall supplement the register with the persons who
a)
a) have been granted citizenship of the
b) b) have registered their permanent residence in
this municipality,
c)
c) have completed 18 years of age.
(5) (5) A municipality shall delete from the register the persons who
a)
a) have lost the citizenship of the
b) b) died or have been pronounced dead,
c)
c) have registered their permanent residence in another
municipality upon receiving a notice from
this municipality.
(6) (6) A municipality shall enter a change on the register about the person
who has changed
a)
a) his/her name or surname,
b) b) permanent residence within this municipality.
(7) (7) The register must have a space for errors to be corrected.
Informing electors
A municipality shall, not later than 25 days before polling day, forward
to each elector, who has been entered on the register, a notice which states
the time of elections, election ward and polling station where the elector can
cast his/her vote; it shall also remind of the obligation to produce identity
document before voting, and it explains the act of marking the elector’s ballot
paper.
Appellate procedure
(1) (1) Each elector can, during working hours at the l municipaloffice,
check that he/she has been entered on the register, and he/she can require
supplementation of the data or correction of errors. The municipality is
obligated to satisfy the claimant within 48 hours, or within the same period of
time to notify the claimant in writing of the grounds why his/her request could
not be met.
(2) (2) If a municipality fails to remove errors or inadequacies on the
register, the citizen concerned can file a notion to the relevant court
according to his/her election ward to make a ruling on the correction or
supplementation of the register. The procedure is governed by provisions of a
special law 3e) . On the basis of the decision of
the court the municipality, or on the polling day the ward election commission,
shall enter the required change on the register.
Filing of the register
(1) (1) A municipality shall file the list of electors who are authorised to
vote in its election ward, to the ward election commission in two counterparts
not later than two hours before the opening of the polling station.
(2) (2) The ward election commission shall add to the list of electors
authorised to vote in its election ward a person according to Section 7,
paragraph 2, as well as a person who by his/her identity card can prove
permanent residence within this election ward.
PART THREE
ELECTION CIRCUITS AND ELECTION
WARDS
Election circuits
(1) (1) For the purpose of municipal elections each municipality constitutes
one election circuit of more than one mandate.
(2) (2) For the purpose of an election of a Mayor each municipality
constitutes one election circuit of one mandate.
(3) (3) The number of deputies to be elected in a municipality shall be set
out by the Municipal Council 4) and published not later than 65 days before
polling day.
(4) (4) In municipalities where the population involves, apart from the
Slovak population, also representatives of minorities and ethnic groups, the
number of deputies shall be, in compliance with paragraph 3 herein, arranged
proportionally to the ratio of the Slovak population and other minorities
and ethnic groups in this municipality,
which is based on the latest population, houses and flats census.
(5) (5) The procedure referred to in paragraph 4 herein applies to the
municipality where the ratio of representatives of a minority or an ethnic
group based on the latest population, houses and flats census represents at
least 5%, however, not more than 95% of the total population of such
municipality. In a municipality where the number of deputies cannot be arranged
in compliance with paragraph 4 herein because of the number of deputies set out
by the Municipal Council 4) , the minority or ethnic group, which
represents at least 5% of the municipality population, must be represented in
the Municipal Council by one deputy.
(6) (6) The provisions of paragraphs 4 and 5 apply equally also to the
municipality where a minority is represented by the Slovak population.
Election wards
(1) (1) Election wards are established in municipalities for the purpose to
cast and count ballot papers.
(2) (2) Election wards and polling stations in each election ward shall be
designated by the Mayor of the municipality not later than 40 days before
polling day.
(3) (3) A election ward shall be, as a rule, arranged so that it involves 1
000 electors. For distant parts of the municipality there can be arranged special
election wards if they include 50 electors at least. Election wards must not
extend beyond the boundaries of an election circuit.
PART FOUR
ELECTORAL BODIES
General provisions
(1) (1) For the purpose of municipal elections there are established:
Central Election Commission, district election commissions, local and city
election commissions.
(2) (2) Within the election wards there are established ward election
commissions.
(3) (3) Anybody who has the right to vote can become a member of an election
commission. A candidate for a deputy of a Municipal Council or for a Mayor
cannot be a member of the election commission.
(4) (4) Election commissions are set up of equal number of representatives
of political parties and political movements, representatives of coalitions of
political parties and political movements (hereinafter referred to as
„political parties“) under the conditions referred to in section 12, paragraph
(1), section 13, paragraph (1) and section 15 paragraph (1). Names and surnames
of representatives and of their substitutes together with their addresses are
announced by political parties to a person who calls the first meeting of the
election commission. In case of illness, resignation, repeated absence or
expiration of membership in the election commission, its chairman shall call in
a substitute according to the order set out by the political party concerned.
Withdrawal of the candidate’s registration form shall result in termination of
membership of the political party’s representative in the relevant election
commission. The function of a member of election commission shall expire also
on the day when a written notification by the political party which has
nominated him/her, or the member’s notification of his/her resignation has been
delivered to the chairman of the election commission. The chairman of the
election commission shall call in a substitute according to the order set out
by the political party concerned.
(5) (5) Members of an election commission assume their functions by taking
the following oath of allegiance: “I promise upon my honour to perform my duty
conscientiously and impartially and to keep laws and other legal regulations
while doing so“. The oath of allegiance is taken by a member of an election
commission to the person who calls its first meeting.
(6) (6) An election commission constitutes a quorum if the majority of its
members is present. To become valid a resolution requires the support of
majority of votes of the members presented. In case of equality of votes, the
proposal is considered to be rejected. The election commission makes minutes of
the course of its meeting.
(7) (7) At its first meeting the election commission shall designate by
agreement a chief and chief assistant from its members. If an agreement has not
been obtained, the chief and chief assistant shall be designated by drawing
lots. A chief and chief assistant must not be members of the same political
party. Drawing of lots is ruled by the oldest member of the election commission.
(8) (8) For the purpose of preparation of the processing and the processing
of election returns the Statistical Bureau of the
Note taker of the election commission
(1) (1) A note taker of the election commission arranges the organisation
and administrative matters connected with preparation and the course of
deliberations of the election commission. At the same time he/she performs the
duties of a specialist adviser to the election commission.
(2) (2) A note taker
a)
a) of the Central Election Commission is appointed
and recalled by the Government of the
b) b) of a district election commission is appointed
and recalled by the principal of the district office from the staff of the
district office
c)
c) of a local (city) election commission is
appointed and recalled by the Mayor from employees of the municipality
d) d) of a ward election commission is appointed and
recalled by the Mayor of the municipality from employees of the municipality
(3) (3) The note taker of the Central Election Commission is appointed by
the Government of the
Central Election Commission
(1) (1) Each political party which files registration forms for Municipal
(City) Councils in at least one third of the total number of districts of the
(2) (2) The first meeting of the Central Election Commission shall take
place within five days after the expiration of the term set out in paragraph
(1) herein; the meeting is called by the Prime Minister of the Government of
the
(3) (3) The Central Election Commission
a)
a) ensures that the election commissions at lower
levels are prepared to fulfil the tasks under this law, and checks the
representation of political parties in district election commissions,
b) b) examines the information of the Ministry of the
Interior of the
c)
c) examines the information of the Statistical Bureau
of the
d) d) ascertains and publish election returns,
e)
e) elaborates a report on election returns,
f)
f) files the election documents to be deposited at
the Ministry of the Interior of the
(4) (4) In case of disagreement of a member of the Central Election
Commission with the decision of the Central Election Commission, he/she can
bring the matter before the court. The decision of the court is not appealable.
(5) (5) Ministry of the Interior of the
District election commission
(1) (1) Each political party submitting registration forms for Municipal
(City) Councils in at least one third of municipalities of one district shall
delegate one member and one substitute to the district election commission not
later than 35 days before polling day.
(2) (2) The first meeting of the district election commission shall take
place within five days after the expiration of the term set out in paragraph
(1) herein; the meeting is called by the principal of the district office.
(3) (3) A district election commission
a)
a) ensures that the local and city election commissions (hereinafter
referred to as „local election commission“) and ward commissions are prepared
to fulfil the tasks under this law, and checks the representation of political
parties in them,
b) b) examines the information of the district office
on organisational and technical preparation of an election within the district,
and recommends measures to be taken,
c)
c) examines the information on the arrangement of
activities of its specialist (summarising) division,
d) d) shall elaborate a report on the course of the
poll and results of a poll within the district, and file it to the Central
Election Commission,
e)
e) files the election documents to be deposited by
the district office.
(4) (4) In case of disagreement of a member of the district election
commission with the decision of the district election commission, he/she can
file a notion in this matter to the court to make a ruling. The decision of the
court is not appealable.
Section 14
Local election commission
(1) (1) Each political party, which files registration forms for Municipal
(City) Councils, shall delegate one member and one substitute to the local
election commission not later than 55 day before polling day.
(2) (2) A local election commission must have at least five representatives
of political parties. If a local election commission has not been constituted
in such number and in the manner prescribed under paragraph (1) herein, the
missing members shall be appointed by the principal of the district office.
(3) (3) The first meeting of the local election commission shall take place
within five days after the expiration of the term set out in paragraph (1)
herein; the meeting shall be called by the Mayor of the municipality (Lord
Mayor).
(3) (3) A local election commission
a)
a) examines registration forms and decides on the
registration or non-registration of the candidates,
b) b) ensures that the ward commissions are prepared
to fulfil the tasks under this law,
c)
c) shall elaborate minutes on the results of an
election to the Municipal (City) Council and an election of a Mayor, which
shall be signed by members of the commission; the minutes with original
signatures of members of the commission shall be filed to each commission
member,
d) d) shall issue a certificate to the candidates
elected,
e)
e) shall file the election documents to be
deposited by the municipality.
Special provisions for the city of Bratislava
and Kosice
(1) (1) For the purpose of an election to the city council and of the Mayor
in
(2) (2) City election commissions in
(3) (3) City election commissions in
Ward election commission
(1) (1) Each political party whose registration form has been registered for
an election to Municipal (City) Councils shall delegate one member and one
substitute to the ward election commission not later than 20 days before
polling day.
(2) (2) A ward election commission must have at least five representatives
of political parties. If a ward election commission has not been constituted in
such number and in the manner as prescribed under paragraph 1 herein, the
missing members shall be appointed by the Mayor of the municipality concerned.
(3) (3) The first meeting of the ward election commission shall take place
within five days after the expiration of the term set out in paragraph (1)
herein; the meeting shall be called by the Mayor of the municipality.
(4) (4) The ward election commission
a)
a) shall ensure the course of voting, and
particularly it shall supervise that ballot papers are deposited in a proper
manner and that order in polling station is kept,
b) b) shall count the votes and make minutes on the poll which is given to each commission
member; the original copy of the minutes shall be without delay filed to the
local election commission,
c)
c) shall file the election documents to be
deposited by the municipality.
PART FIVE
NOMINATION AND REGISTRATION OF
CANDIDATES
FOR MUNICIPAL (CITY) COUNCILS
Registration forms
(1) (1) Registration forms for an election to a Municipal (City) Council are
filed by political parties and by independent candidates.
(2) (2) Registration forms shall be delivered in two counterparts to the
note taker of the local election commission no later than on 55th
day before polling day. Political parties deliver their registration forms by
proxy.
(3) (3) A registration form contains
a)
a) name of the political party,
b) b) first name and surname, academic degree, age,
occupation and permanent residence of candidates, and their serial number on
the register of candidates expressed in Arabic numbers; nationality in a
municipality pursuant to section 9, paragraph 5,
c)
c) first name and surname of a proxy of the
political party and his/her substitute, address; a candidate cannot be a proxy
or a substitute,
d) d) first name, surname, function and signature of
a person authorised to act on behalf of the political party.
(4) (4) The registration form of an independent candidate contains his/her
first name and surname, academic degree, age, occupation, permanent residence,
signature and an affidavit that the candidate is not a member of any political
party; nationality is stated in the municipality pursuant to section 9,
paragraph 5,
(5) (5) A political party can include in the registration forms as many
candidates as are to be elected for deputies of a Municipal (City) Council at
the most; in the municipality pursuant to section 9, paragraph (5) it can
include as many candidates as are to be elected for deputies of the relevant
nationality, which is done separately for each nationality.
(6) (6) A registration form must have enclosed candidate’s declaration,
signed in his own hand, that he/she approves his/her candidacy and that he /she
has not given his/her consent to be entered
in another registration form, and that there are no impediments to
his/her eligibility known to him/her.
(7) (7) A constituent part of the registration form of an independent
candidate shall be a petition4a) signed by electors supporting his/her
candidacy. The number of signatures required with respect to the population of
the municipality concerned is introduced in an annex to the present law. Next
to each signature in the petition shall be stated the elector’s first name and
surname, personal number and permanent residence which is meant to be the name
of the municipality, street, if the municipality is subdivided into streets,
and house number. The number of inhabitants residing in the municipality by the
day of proclamation of an election shall be made public by the municipality in
an ordinary manner within five days after the election has been proclaimed.
(8) (8) A candidate for a deputy to the Municipal (City) Council must for at
least one year have resided on a permanent basis in the municipality where he
/she is standing as a candidate.
(9) (9) A note taker shall ascertain that the registration forms filed meet
the prescribed requirements. If they fail to meet these requirements, he/she
shall bring this fact to the attention of a proxy of the political party or an
independent candidate. The acceptance of registration forms shall be confirmed
to a proxy of the political party or to an independent candidate by the note
taker.
Registration of candidates
(1) (1) The local election commission shall examine the registration forms
filed, and shall not register the candidate
a)
a) who fails to meet the requirements referred to
in section 3,
b) b) whose nomination is not accompanied by the
declaration pursuant to section 16, paragraph 6,
c)
c) who has been included in more than one
political party’s registration forms, particularly in that one which is not
accompanied by the declaration as referred to in section 16, paragraph 6; if
the candidate has signed such declaration enclosed to more than one
registration forms, the municipal election commission shall delete him from all
registers of candidates,
d) d) who exceeds the highest possible number set out
pursuant to section 16, paragraph (5),
e)
e) who has not been a permanent resident for at
least one year in the municipality where he is standing as a candidate (section
16, paragraph 8),
f)
f) if the petition pursuant to section 16,
paragraph (7) is missing or is incomplete,
g)
g) who is entered on the registration form which
does not meet the requirements pursuant to this law.
(2) (2) The local election commission shall register candidates no later
than on 45th day before
polling day and mark the registration of candidates on the register of
candidates. Printing of ballot papers is conditioned by the registration of
candidates.
(3) (3) The local election commission shall call upon the proxies of
political parties and independent candidates to collect, within 24 hours, the
decision on registration or non-registration of the registration forms. If a
proxy or independent candidates fail to collect the decision within the given
term, the decision is considered to be delivered.
(4) (4) Against the decision of the local election commission on
registration or non-registration of a candidate the candidate political parties
or independent candidates can file a notion to make a ruling to the court that
the decision on revocation of candidate’s registration or the decision of
candidate’s registration is issued. The notion should be filed within three
days after the decision of the local election commission has been taken. The
decision of the court is not appealable.
(5) (5) If the court has decided on a candidate’s registration or on
revocation of a candidate’s registration, the local election commission shall
execute the decision of the court within 24 hours after its delivery.
Proclamation of candidacy
(1) (1) The local election commission shall publish the register of
registered candidates in an ordinary manner used in its area not later than 35
days before polling day. The register shall state candidate’s name and surname,
academic degree, age, occupation, permanent residence and the name of the
political party which has nominated the candidate, or the fact that the
candidate is independent, and nationality.
(2) (2) In a municipality pursuant to section 9, paragraph (5) the local
election commission shall publish the register of registered candidates
separately according to their nationality.
Withdrawal or revocation of candidacy
(1) (1) A candidate can, within three days before the commencement of an
election, withdraw in writing his/her candidacy. By this time the candidacy can
be revoked in writing also by the political party or by coalition of political
parties which have nominated this candidate.
(2) (2) A declaration on withdrawal or revocation of candidacy cannot be
taken back. This declaration shall be delivered in two counterparts to the
chief of local election commission, who shall without undue delay ensure its
publication in an ordinary manner used in the area concerned.
(3) (3) If the declaration on withdrawal or revocation of candidacy has been
made after the registration of candidates, or if the activity of a political party has been suspended or it
has been removed 4d) after the registration of candidates, the
data about them shall remain on ballot papers, however, they shall not be
considered for the allocation of mandates.
Ballot papers
(1) (1) Chief of the local election commission shall, through the district
office, ensure the required number of copies of ballot papers.
(2) (2) A ballot paper is common for all registered candidates.
(3) (3) A ballot paper shall state names of the political parties, which
have filed a registration form, followed below by their registered candidates
including candidate’s serial number, surname and name, academic degree, age and
occupation. Further it states the fact that it is an independent candidate. An
order, in which the political parties and independent candidates will be
published on a ballot paper, shall be set out by drawing lots in the local
election commission. In the municipality pursuant to section 9, paragraphs4 and
5 the number of deputies on a ballot paper shall be subdivided, and candidates
shall be introduced separately according to their nationalities, while their
number must correspond to the number of deputies pursuant to section 9,
paragraphs 4 and 5. A ballot paper must include also the number of members of
the Municipal (City) Council to be elected.
(4) (4) Ballot papers have, at the end of the register of candidates, an
impression of the stamp of the municipality.
(5) (5) A municipality shall ensure, not later than on polling day, the
delivery of ballot papers to the ward election commissions.
(6) (6) An elector is given ballot papers in the polling station on polling
day.
PART SIX
NOMINATION AND REGISTRATION OF
CANDIDATES FOR AN OFFICE OF MAYOR OF THE MUNICIAPALITY
Registration forms
(1) (1) Registration forms for an election of the Mayor of the municipality
can be filed by political parties. Each political party can enter in the
registration form only one candidate. Political parties can file a registration
form with one common candidate. Registers of candidates shall be delivered in
two counterparts to the note taker of the local election commission not later
than 55 days before polling day. Political parties shall deliver their
registration forms through a proxy.
(2) (2) Independent candidates can also stand for an office of Mayor. An
independent candidate shall deliver his registration form in two counterparts
to the note taker of the local election commission not later than 55 days
before polling day. A constituent part of the registration form of an
independent candidate shall be a petition4a) signed by 10% of
qualified electors of the municipality who support his/her candidacy. The
number of qualified electors shall be made public in an ordinary manner by the
municipality within five days after the proclamation of elections. Next to each
signature in the petition there is stated the elector’s first name and surname,
personal number and permanent residence, which is meant to be the name of
municipality, street, if the municipality is subdivided into streets, and house
number.
(3) (3) A registration form contains name, surname and academic degree, age,
permanent residence of a candidate and the name of the political party which
has nominated this candidate, or the fact that it is an independent candidate;
an independent candidate shall an affidavit that he/she is not a member of any
political party. The registration form shall be accompanied by the declaration
pursuant to section 16, paragraph 6.
(4) (4) A candidate for an office of the Mayor of the municipality must for
at least one year have resided on a permanent basis in the municipality where
he /she is standing as a candidate.
(5) A note taker shall ascertain that the registration forms filed meet
the prescribed requirements. If they fail to do so, he/she shall bring this
fact to the attention of a proxy of the political party or independent
candidate. The note taker shall confirm the submission of the registration form
to the proxy of the political party or to the independent candidate.
Registration of candidates
(1) (1) The local election commission shall examine the registration forms
filed and shall not register the candidate
a)
a) who fails to meet the requirements referred to
in section 3,
b) b) whose nomination is not accompanied by the
declaration pursuant to section 16, paragraph (6),
c)
c) if the petition pursuant to section 21,
paragraph 2 is missing or is incomplete,
d) d) who is not a permanent resident in the
municipality where he is standing as a candidate (section 21, paragraph 4),
e)
e) who is included in the registration form which
does not meet the requirements pursuant to this law.
(2) (2) Provisions of section 17, paragraphs 2 to 5 apply equally.
Declaration, withdrawal and revocation of
candidacy
Provisions of Sections 18 1 and 19 apply also for an election of the
Mayor of municipality.
Ballot papers
(1) (1) Chief of the local election commission shall, through the district
office, ensure the required number of copies of ballot papers.
(2) (2) For an election of the Mayor of municipality there shall be made out
a ballot paper wherein the registered candidates are presented in alphabetical
order. It states candidates’ serial number, first name
and surname, academic degree, age, occupation and the name of the political
party which has filed the registration form, or the fact that it is an
independent candidate.
(3) (3) Provisions of section 20 paragraphs 4 to 6 apply equally.
PART SEVEN
PREPARATION OF ELECTIONS
Proclamation of elections
(1) (1) An election to the Municipal (City) Council and an election of
Mayors are held during the last fourteen days of their electoral term. The
elections are proclaimed by the Chairman of the National Council of the
(2) (2) Municipal elections are held on the same day in the whole territory
of the
(3) (3) The Chairman of the National Council of the
Polling day
(1) (1) Elections are held on fixed day from
(2) (2) If the elections are held within two days, the opening of the poll
shall be fixed at
Repealed
Preparations in the polling station
(1) (1) Before the opening of the poll the chief of the ward election
commission shall at the presence of the commission check the ballot box and the
portable ballot box and seal them. He shall also check the supplies of the
polling station, i.e. that the electoral register has been prepared, as well as
a sufficient number of ballot papers and empty opaque envelopes marked by an impression of the official stamp of the
municipality (hereinafter referred to as „envelope“).
(2) (2) If the poll is held within two days, the chief of the ward
commission shall ensure that after closing the first polling day the ballot box
and portable ballot box are sealed so that no ballot papers can be deposited in
them, and together with other election documents he shall deposit them at a
safe place.
Voting booths
For the purposes of marking ballot papers polling stations contain voting
booths so arranged that the secrecy of voting is ensured. The number of voting
booths shall be set by the municipality with respect to the number of electors
in the election ward. No other person, not excluding a member of the ward
election commission, can be present in the voting booth together with an
elector.
Election campaign
(1) (1) Pursuant to the present law the time of election campaign means the
period starting 25 days and ending 48 hours before opening of the poll.
(2) (2) Election campaign mediated by radio or television broadcasting is
forbidden, with the exception of the local radio or television broadcasting. If
a municipality allows the conduct of election campaign through the mediation of
local radio or television broadcasting, it is obligated to ensure equal
conditions for all candidate political parties or independent candidates.
(3) (3) Election posters can be affixed during the election campaign only at
places designated by the municipality for that purpose, and such designated
space must correspond to the principle of equality of candidates.
(4) (4) Forty eight hours before opening of the poll and on the polling day
any kind of election campaign is forbidden.
(5) (5) Breach of the prohibition pursuant to paragraphs 2 and 4 is
penalised pursuant to a special law 5a)
.
(6) (6) Members of election commissions and the staff of their special
(summarising) divisions must not provide any information on the course of
elections and election returns until the minutes on the results of polls have
been signed.
PART EIGHT
PROCEEDINGS AT THE POLL
Poll
(1) (1) An elector votes personally. Substitution is inadmissible. Members
of the ward election commission must not mark elector’s ballot papers for
electors. Electors come up before the ward commission and cast a vote in such
an order as they entered the polling station.
(2) (2) On entering the polling station, an elector shall prove his/her
identity, and upon making an entry in the electoral register the commission
shall give him/her ballot papers. If an elector does not have his/her identity
card and none of the members of the ward election commission knows him/her, the
commission shall ask the elector to prove his/her identity by witness of two
persons known to the commission. If he/she fails to do so before the poll is
closed, he/she shall not be admitted to vote.
(3) (3) The ward election commission shall, on elector’s request, give
him/her new ballot papers instead of incorrectly marked ones.
(4) (4) On receiving an envelope and ballot papers an elector proceeds to
the voting booth designated for marking ballot papers. In the voting booth the
elector shall put into the envelope elector’s ballot paper for an election to
the municipal council and a ballot paper for an election of the Mayor of the
municipality. On the elector’s ballot paper for an election to the municipal
council an elector shall circle the political party he gives his/her vote for.
Thus the elector gives his/her vote for all candidates of the political party
circled by him/her. An elector can circle also individual candidates he give
his/her vote for, but only the number of candidates to be elected in the
municipality at the most. In the municipality pursuant to section 9 paragraph 5
an elector can circle only the number of candidates to be elected for each
nationality. It is inadmissible to vote for both individual candidates and
political parties if the number of thus elected candidates exceeds the number
of mandates. On the elector’s ballot paper for an election of the Mayor of the
municipality (Lord Mayor) an elector shall circle the serial number of the
candidate he gives his/her vote for.
(5) (5) An elector votes so that on leaving the voting booth he/she shall
deposit the elector’s envelope into the ballot box. The elector who has not
proceeded to the voting booth shall not be allowed to vote.
(6) (6) An elector can, on reasonable grounds, request to be allowed to vote
out of the polling station. In such case the ward election commission shall
delegate two of its members to the elector with a portable ballot box, ballot
papers and an envelope. The elector shall vote in such a manner that the secret
voting is kept.
The elector, who is unable to mark the elector’s ballot paper due to
his/her physical defect, or because he/she cannot read or write, has the right
to be accompanied by another elector into the voting booth for the purpose of
marking the elector’s ballot papers and depositing them into the ballot box in
the manner directed by the handicapped elector.
Order keeping in the polling station and in
adjacent area
Order keeping in the polling station and adjacent area is upon the
responsibility of the chief of the ward election commission. The chief’s orders
concerning order keeping in the polling station and respectable course of
voting are obligatory to all those present.
Interruption of voting
On the occurrence of such circumstances that hinder the commencement or
continuation of voting, the ward election commission can postpone the opening
of the poll at later hour or prolong the term of the poll. The total hours of
voting (section 26), however, must not be shortened in result of this measure.
The ward election commission shall notify the electors of such measure in an
ordinary manner in its area. If the voting has been interrupted, the ward
election commission shall seal the election documents, ballot box and portable
ballot box. Upon the renewed opening of the poll, the chief of the ward
election commission shall, at the presence of other members of the ward
election commission, check that the seals have not been violated and note it in
the minutes on voting.
Closing of the voting
After the lapse of an hour fixed for closing of the voting, only those
present at the polling station or in front of it can vote. Afterwards the
polling station is closed and the chief of the ward election commission shall
declare the poll closed.
PART NINE
ESTABLISHMENT OF ELECTION RETURNS
Presence at the counting of votes
In the room where the ward election commission is counting votes to the
right to be present are entitled members of election commissions of higher
level and the staff of their specialist (summarising) divisions, as well as
persons authorised by the Central Election Commission.
Counting of votes at the ward election
commission
(1) (1) Upon closing of the voting, the chief of the ward election
commission shall cause the unused ballot papers and envelopes to be sealed, and
afterwards he shall get the ballot box opened. If the ward election commission
has, on a specific request by some electors, used also a portable ballot box,
upon opening them both the commission shall mix their contents together .
(2) (2) The ward election commission shall take out the envelopes containing
ballot papers from the ballot box, count the envelopes and compare the number
of envelopes with the number of entries on the electoral register. The
commission shall reject unofficial envelopes.
(3) (3) Upon taking out the ballot papers from envelopes, the ward election
commission shall sort out the ballot papers designated for an election to the
Municipal (City) Council and those designated for an election of the Mayor of
the municipality. Afterwards the commission shall establish the number of valid
votes cast for each candidate. If an elector has given his vote for a political
party, it means that each candidate of that party has obtained a vote. The
commission shall enter the results into
its minutes on voting.
(4) (4) Each member of the ward election commission can look into ballot papers. The chief of the ward
election commission shall check the correctness of the counting of votes.
Qualification of ballot papers
(1) (1) A ballot paper is considered invalid when:
a)
a) it is not on a prescribed form,
b) b) it is not marked pursuant to section 31 paragraph
4,
c)
c) an elector has not circled any candidate , or he/she has circled more candidates
than are to be elected to the Municipal (City) Council, or the elector has
circled no candidate or more than one candidates for an office of the Mayor of
the municipality.
(2) (2) In municipalities pursuant to section 9 paragraph 5 the validity of
a ballot paper is considered separately for each nationality, however, in
compliance with paragraph 1 herein.
(3) (3) If one envelope contains two or more ballot papers, the ward
election commission shall reject the ballot papers with unmarked candidates. If
the envelope contains two or more ballot papers designated for an election of
deputies wherein identical candidates have been marked correctly, the ward
election commission shall count valid only one ballot paper of them; otherwise,
all the ballot papers are invalid. The ballot papers designated for an election
of the Mayor are qualified in an analogic way.
(4) (4) A damage of a ballot paper does not affect its validity. The names
crossed or added shall not be accounted.
(5) (5) In disputable cases the final decision on the validity of a ballot
paper is taken by the ward election commission.
Minutes of the ward election commission
(1) (1) The ward election commission shall elaborate minutes on voting in
two counterparts, which is signed by the chief and other members of the
commission. The reasons for refusing to sign shall be recorded.
(2) (2) The minutes on voting of the ward election commission shall contain:
a)
a) the opening and closing of the poll, or its
interruption,
b) b) total number of persons entered into the
electoral register in the ward,
c)
c) the number of electors issued with envelopes,
d) d) the number of envelopes cast,
e)
e) the number of valid votes cast for each
candidate for a deputy of the Municipal (City) Council; in the municipality
pursuant to section 9 paragraph 5 separately according to nationality,
f)
f) the number of valid votes cast for each
candidate for an office of the Mayor of the municipality,
g)
g) a review of resolutions adopted and a brief
justification.
(3) (3) To establish the data pursuant to section 3 e) and f), the ward
election commission shall make use of the necessary number of unused ballot
papers, which after the closing of the poll have been expressly marked for this
purpose by the chief, at the presence of other members of the commission.
Completion of the work of the ward election
commission
(1) (1) After the completion of the counting of the votes and signing of the
minutes on voting, the chief of the ward election commission shall declare the
results of a poll, and he/she shall immediately transmit one counterpart of the
minutes on voting to the local election commission and wait for its instruction
to complete the work.
(2) (2) The ward election commission shall seal the ballot papers, envelopes
and registers of electors and hand them together with other election documents
to be deposited by the municipality.
Counting of votes at the local election
commission
(1) (1) On the basis of the minutes on voting transmitted by the ward
election commissions the local election commission shall count the votes and
establish the complete results of the poll in the municipality. If any doubts
arise, the commission is entitled to demand the ward election commissions to
deliver the ballot papers and other election documents, or explanation or other
information if necessary.
(2) (2) In the room where the local election commission is counting votes to
the right to be present are entitled members of election commissions of higher
level and the staff of their specialist (summarising) divisions, as well as
persons authorised by the Central Election Commission.
Section 42
Minutes of the local election commission on the
election returns in the municipality
(1) (1) The local election commission shall elaborate minutes on the
election returns in the municipality in two counterparts, which is signed by
the chief and other members of the commission and by the note taker. The
reasons for refusing to sign shall be recorded.
(2) (2) The minutes pursuant to paragraph (1) shall contain:
a)
a) the number of election wards and the number of
the ward election commissions which have transmitted their minutes on voting,
b) b) the number of persons entered on the registers
of electors,
c)
c) the number of electors issued with envelopes,
d) d) the number of envelopes supplied,
e)
e) the number of votes cast for each candidate for
a an election to the Municipal (City) Council,
f)
f) names of candidates who have been elected to
the Municipal (City) Council, name of the political party which has nominated
them or the fact stating that they are independent candidates; in
municipalities pursuant to section 9 paragraph 5 separately according to
candidate’s nationality,
g)
g) names of substitutes; in the municipality
pursuant to section 9 paragraph 5 separately according to nationality,
h)
h) number of valid votes cast for each candidate
for an office of the Mayor of the municipality,
i)
i) name of the Mayor of the municipality who has
been elected, name of the political party which has nominated him/her, or the
fact stating that he/she is an independent candidate,
j)
j) a review of resolutions adopted and a brief
justification.
Election returns
(1) (1) As deputies of the Municipal (City) Council are elected the
candidates who have obtained majority of votes.
(2) (2) If two or more candidates of one political party on the last place
in order obtain equal number of votes, an elected deputy shall become the
candidate with the lowest serial number on the register of candidates of the
political party concerned.
(3) (3) If it is impossible to establish which candidate has been elected as
a deputy of the Municipal (City) Council according to paragraph 2 herein,
because the controversial candidates are members of various political parties
or independent candidates, the local election commission shall by drawing lots
designate one of them to be a deputy.
(4) (4) In municipalities pursuant to section 9 paragraph 5 the
establishment of a candidate as referred to in paragraphs 1, 2 and 3 herein
shall be carried out separately for each nationality.
(5) (5) As a Mayor of the municipality is elected the candidate who has
obtained majority of valid votes. In case of equal number of votes, a new
election shall be held (section 48).
Publication of election returns
The local election commission shall, in an ordinary manner and
immediately after signing the minutes on election returns, publish the results
of an election to the Municipal (City) Council and to the office of the Mayor
of he municipality.
Minutes of the district election commission
(1) (1) The district election commission shall establish the results of the
voting within the district on the basis of the reports of local election
commissions on election returns in the municipality.
(2) (2) The district election commission shall elaborate a report on the
election returns in the district municipality in two counterparts, which is
signed by the chief and other members of the commission and by the note taker.
The reasons for refusing to sign shall be recorded.
(3) The report of the district election commission shall contain:
a)
a) the number of persons entered into the
registers of electors within the district,
b) b) the number of electors issued with envelopes,
c)
c) the number deputies of who have been elected to
the Municipal (City) Council according to political parties and independent
candidates,
d) d) the number of municipalities wherein the
Municipal (City) Council has been elected,
e)
e) a register of municipalities wherein the
Municipal (City) Council has been elected in accordance with section 9
paragraph 4 and 5,
f)
f) the number of elected Mayors of municipalities
according to political parties and independent candidates.
(4) (4) After signing both counterparts of the report on election returns,
the chief of the district election commission shall without undue delay
transmit one counterpart of the report to the Central Election Commission. Other election documents shall be deposited
at the district office.
Report of the Central Election Commission and
publication of election returns
(1) (1) The Central Election Commission establishes the results of an
election to Municipal (City) Council and the results of an election of Mayors
of the municipalities in the territory
of the Slovak Republic.
(2) (2) The Central Election Commission shall elaborate a report on election
returns in the Slovak Republic , which is signed by the chief and other members
of the Commission and the note taker. The reasons for refusing to sign shall be
recorded.
(3) (3) The report on election returns shall contain:
a)
a) total number of persons entered in the
registers of electors within the Slovak Republic,
b) b) total number of electors issued with envelopes,
c)
c) total number of deputies who have been elected
to the Municipal (City) Council according to political parties and independent
candidates,
d) d) the number of municipalities wherein the
municipal (city) body of representative has been elected in accordance with
section 9 paragraph 4 and 5,
e)
e) the number of municipalities wherein the
Municipal (City) Council has been elected,
f)
f) the number of elected Mayors of municipalities
according to political parties and independent candidates.
(4) (4) The Central Election Commission shall publish final results of
elections to the Municipal (City) Councils and of Mayors of municipalities
immediately after signing the report on election returns.
New elections
(1) (1) Chairman of the National Council of the Slovak Republic shall
proclaim new elections if:
a)
a) for any reasons in some municipality an
election has not been conducted in compliance with the present law,
b) b) the Constitutional Court has proclaimed the
election invalid or has repealed the result of the election returns,
c)
c) the candidates for an office of the Mayor of
the municipality have obtained equal number of votes,
d) d) a mandate in the Municipal (City) Council has
been vacated and there is no substitute to it (section 51 paragraph 1), or an
office of the Mayor of the municipality has been vacated.
e)
e) a new municipality has been constituted 5b)
(2) (2) Upon the occurrence of the facts referred to in paragraph 1a) the
Chairman of the National Council of the Slovak Republic shall proclaim a new
election within 14 days after the publication of the election returns by the
Central Election Commission.
(3) (3) If a new municipality has been constituted during the electoral term5b) , new
elections of the Municipal (City) Council and of the Mayor of the municipality
shall be held. The duties of a municipality or of the Mayor of the municipality
under the present law shall be fulfilled for the purposes of a newly
constituted municipality or for newly constituted municipalities by the
Municipal (City) Council of the municipality which has been split, or by the
Municipal (City) Council of municipalities which have merged.
(4) (4) Applications for the
proclamation of the new local elections are pursuant to paragraph 1d) submitted
by municipalities to the Chairman of the National Council of the Slovak
Republic by mediation of the Ministry of the Interior of the Slovak Republic.
(5) (5) The provisions on time
allowances shall be applied as appropriate.
(6) (6) New elections shall not be proclaimed during the last six months of the
term of office 5c) of local authorities..
Certificate of election
The local election commission shall issue each candidate elected as a deputy
of the Municipal (City) Council and the candidate elected as a Mayor of the
municipality with a certificate proving his/her being elected.
Repealed
Section 51
Substitutes
(1) (1) If a mandate in the Municipal (City) Council has been vacated, it
shall be assumed by the substitute who as a candidate has obtained the largest
number of votes, but has not been elected as a deputy; in the municipality
pursuant to section 9 paragraph 5 an office of a deputy of the Municipal (City)
Council shall be taken over by the substitute who as a candidate has obtained
the largest number of votes and who is of the same nationality as the candidate
whose mandate has been vacated. In case of equal votes, the procedure analogic
to section 44 paragraphs 2 and 3 shall apply.
(2) (2) The Municipal (City) Council shall proclaim the assumption of the
vacant office by a substitute within 15 days after the mandate has been
vacated, and it shall issue him/her with a certificate proving his/her becoming
a deputy.
PART TEN
MEASURES ON THE PROVISION OF
ELECTIONS
Provision of supplies
(1) (1) All supplies, particularly polling stations and facilities for them,
envelopes and auxiliary staff shall be provided for the ward election
commissions by the municipality wherein these have been established.
(2) (2) All supplies for the local election commissions shall be provided by
the municipality.
(3) (3) All supplies for the district election commissions shall be provided
by the district office.
Co-operation of other bodies and persons
State bodies and municipalities are obligated to co-operate in
exercising the present law.
Provision of the computerised processing of the
election returns
(1) (1) Software, organisational and technical conditions required for the
computerised processing of the election returns are provided by the statistical
authorities of the Slovak Republic.
(2) (2) Ministry of the Interior of the Slovak Republic and other bodies are
obligated to inform in due time and in writing the competent statistical
authorities of the Slovak Republic about any fact that could affect the
successful provision of the computerised processing of the election returns.
Entitlements of the members of election
commissions
(1) (1) The function of a member of the election commission is an honourable
duty. A member of the election commission must not be, as a result of the
execution of his duties, restrained in his/her rights or entitlements following
from his/her employment or other similar work relationship; most of all, he/she
is entitled to the time off including salary reimbursement, or in case of a
self-employed person, he/she is entitled to the reimbursement equal to an
aliquot part of minimal salary of employed workers paid monthly.
(2) (2) An employer who has paid the salary reimbursement pursuant to
paragraph 1, shall be entitled to reimbursement of this amount.
(3) (3) The procedure of reimbursement or payment pursuant to paragraphs 1
and 2 shall be set out by a generally binding legal regulation of the Ministry
of Finance of the Slovak Republic upon an agreement with the Ministry of the
Interior of the Slovak Republic.
(4) (4) A member of the ward election commission is entitled to a
remuneration for the execution of his/her duty during the time when he/she is
not entitled to salary reimbursement pursuant to paragraph 1. The amount of
remuneration and the procedure of its payment shall be set out by a generally
binding legal regulation of the Ministry of Finance of the Slovak Republic upon
an agreement with the Ministry of the Interior of the Slovak Republic.
Being a candidate must not be at the expense of his/her employment or
analogic work relationship.
Reimbursement of the costs of elections
(1) (1) The costs connected with an election to Municipal (City) Councils
and an election of Mayors of municipalities are reimbursed from the state
budget of the Slovak Republic.
(2) (2) Each political party and each independent candidate cover the costs
of their election campaign.
PART XI
FINAL PROVISIONS
Repealed
Section 59
Measures taken by the competent authorities of state administration for
the purpose of preparation of the execution of the present law already by the
time of proclamation of elections shall be, if not contradictory to the law,
considered as if having be taken under its effectiveness.
Sanctions
Bafflement of preparation and conduct of local elections is prosecuted
in accordance with special regulations 6)
(1) (1) Ministry of the Interior of the Slovak Republic
a)
a) shall specify the details of the tasks and
duties of municipalities and local authorities of state administration in the
process of
1.
1. constituting wards,
2.
2. compiling lists of electors
3.
3. arranging and supplying polling stations,
4.
4. depositing and safekeeping of ballot papers and
other election documents,
b) b) shall issue sample ballot papers, registers of
electors, and of certificates and other sample election documents;
c)
c) shall, upon an agreement with the Statistical
Bureau of the Slovak Republic, arrange not later than 50 days before elections
the details on the organisation of work between election commissions and
specialist summarising divisions,
d) d) shall set out the particulars of suggestions of
municipalities necessary for the proclamation of a new election.
(2) (2) The Statistical Bureau of the Slovak Republic upon an agreement with
the Ministry of the Interior of the Slovak Republic shall issue methodology on
the processing of the elections results.
Provisions repealed
Repealed is the Act of the Slovak National Council No. 56/1971, Col. on
elections to the national committees in the Slovak Socialist Republic.
Effectiveness
This Act shall become effective on the day of its promulgation (28
August 1990).
The Act of the Slovak National Council No. 8/1992 Coll. on the
organisation of the Constitutional Court of the Slovak Republic and proceedings
before it became effective on the day of its promulgation (16 January 1992).
The Act of the National Council of the Slovak Republic No. 60/1993
Coll., amending and supplementing the Act of the Slovak National Council No.
346/1990 Coll. on local election, as amended by subsequent regulations, became
effective on the day of its promulgation (17 March 1993).
The Act of the National Council of the Slovak Republic No. 252/1994
Coll., amending and supplementing the Act of the Slovak National Council
No.369/1990 on the local self-government as amended by subsequent regulations
became effective on the day of its promulgation (19 September 1994).
The Act of the National Council of the Slovak Republic No.222/1996
Coll., on the organisation of the local state administration and on the amendments
and supplements to some Acts became
effective on the day of its promulgation (24 July 1996).
Act No. 233/1998 Coll., amending and supplementing the Act of the Slovak
National Council No. 346/1990 on municipal election as amended by subsequent
regulations, and on the amendments and supplements to some Acts, became
effective on the day of its promulgation (28 July 1998).
Chairman of the National Council of the Slovak Republic
Annex to the Act of the Slovak
National Council No. 346/1990 Coll.
on local elections
as amended by subsequent
regulations
A minimum required number of
signatures of electors
supporting the candidacy of independent candidates
to an election to the Municipal
(City) Council
Municipality with the population Number
of electors’ signatures on
a petition
___________________________________________________________________________
maximum 100 10
101 - 500 20
501 - 2,000 50
2,001 -
10,000 100
10,001 -
20,000 200
20,001 -
30,000 300
For each 10,000 more, also for just turned, 100 more.
1) Section 10, paragraph 1 of the Slovak National Council No. 369/1990 Coll. on the local self-government.
2) Section 11 of the National Council of the Slovak Republic Act No. 272/1994 Coll. on the protection of public health.
2a) Act No. 59/1965 Coll. on the serving of a term of imprisonment as amended by subsequent regulations.
3) Section 10 and 855 of the Civil Code.
3a) Act of the National Council of the Slovak Republic No. 369/1990 Coll. as amended by subsequent regulations.
3b) E.g. the Act of the National Council of the SR No. 40/1993 Coll. on the Slovak Republic citizenship as amended by the Act No. 70/1997 Coll., Penal Code, Code of Civil Procedure, Act of the National Council of the Slovak Republic No. 154/1994 Coll. on the Register Offices as amended by the Act of the National Council of the Slovak Republic No. 222/1996 Coll., Act No. 59/1965 Coll. on the exercise of imprisonment as amended by the Act No. 173/1968 Col, by the Act No. 100/1970 Coll., by the Act No. 47/1973 Coll., by the Act 179/1990 Coll., by the Act of the national Council of the Slovak Republic No. 296/1993 Coll. and the Act of the National Council of the Slovak Republic No. 33/1994 Coll.
3c) Section 2, paragraphs 1 a) and c) of the Act No. 135/1982 Coll. on reporting and registration of the citizens’ residence.
3d) Section 3, paragraph 2 of the Act No. 135/1982 Coll.
3e) Section 200f) of the Code of Civil Procedure
4) Section 11, paragraph 2
of the Act of the National Council of the Slovak Republic No. 369/1990 Coll. as
amended by subsequent regulations
4a) Act No. 85/1990 Coll. on the petition right
4d) Sections 12 to 16 of the Act No. 424/1991 Coll. on association in political parties and political movements as amended by subsequent regulations.
5) Section 1 paragraph 2a) of the Act of the National Council of the Slovak Republic No.1/1993 Coll. on the Collection of Laws of the Slovak Republic
5a) Section 5 paragraph 1a) of the Act No. 468/1991 Coll. on the conduct of radio and television broadcasting
5b) Section 2 paragraph 2 and 3 of the Act of the Slovak National Council No. 369/1990 Col
5c) Section 11 paragraph 1 and section 13 paragraph 1 of the Act of the Slovak National Council No. 369/1990 Coll.
6) Section 177 of the Act No. 140/1961 Coll., (Penal Code as amended by subsequent regulations).