The President
of the National
Council of the Slovak Republic
proclaims
the full wording of Act No. 80/1990 of the Slovak National Council on elections to
the Slovak National Council as resulting from changes and amendments made by
Act No. 8/1992 of the Slovak National Council of 3rd December 1991,
Act No. 104/1992 of the Slovak National Council of 26th February
1992, Act No. 518/1992 of the National
Council of the Slovak Republic of 5th November 1992, Act No.
157/1994 of the National Council of the Slovak Republic of 7th June
1994, Act No. 81/1995 of the National Council of the Slovak Republic of 7th
April 1995 and Act No. 187/1998 of 20th May 1998
The Slovak National Council has decided to pass the
following Act:
PART ONE
Basic Provisions
The elections to the National Council of the Slovak
Republic shall be held on the basis of universal, equal and direct suffrage by
secret ballot, pursuant to the principle of proportional representation.
(1) The right to vote in the National Council of
the Slovak Republic (hereinafter referred to as the ‘right to vote’) shall be
given to those citizens of the Slovak Republic who have attained the age of 18
years on the day of the elections and are present in the territory of the
Slovak Republic.
(2) Obstacles to the performance of the right to
vote shall be:
a) a limitation of personal freedom, as
governed by law, for the purposes of protection of a person’s health, 1)
b) the serving of a term of imprisonment, 1a)
c) abeyance of legal capacity. 2)
Any citizen of the Slovak
Republic who has attained the age of 21 years on the day of the elections and
has permanent residence in the territory of the Slovak Republic may be elected
as a member of the National Council of the Slovak Republic (hereinafter
referred to as a ‘member’).
PART TWO
PERMANENT ELECTORAL REGISTER
The Preparation and Maintenance of the Permanent Electoral Register
(1) The permanent Electoral Register (hereinafter
referred to as the ‘Register’) shall be prepared and maintained by the
municipality and in Bratislava and Košice by the city district (hereinafter
referred to as the ‘municipality’). 3)
(2) The municipality shall verify all facts that
may constitute reasons for a change in the Register from time to time during
the electoral term. Any changes shall be
made on the basis of:
a) own data,
b) notices from other state bodies,
c) the results of appeals.
(3) State bodies that make decisions regarding the
personal status of citizens or
keep records regarding the personal status of citizens, 3a)
shall be obliged to inform the municipalities without undue delay of any
acquisition or loss of citizenship status, voter’s death or declared voter’s
death, or change of forename or surname. The registering bureau 3b) shall inform the appropriate city
districts of the register of citizens who have attained the age of 18 years
without undue delay, as well as any changes in permanent residence of citizens
in Bratislava.
(4) The municipality shall be obliged to allow any
citizen to inspect the Register in order to ensure that he/she is included and
that the data concerning him/her is correct.
Requirements and Changes in the Register
(1) Voters shall be listed in the Register in
alphabetical order by their surname.
(2) The data about every voter must include:
a) forename and surname,
b) birth registration number,
c) permanent residence, 4)
for the purposes of this Act, this term shall mean the name of the
municipality, the name of the street in cases where a municipality is divided
into streets, and the number of the house.
(3) The municipality shall record in the Register
those persons that
a) have acquired citizenship of the Slovak
Republic,
b) have registered their permanent residence in
this municipality,
c) have attained the age of 18 years.
(4) The municipality shall remove from the Register
those persons who have
a) lost their citizenship of the Slovak Republic,
b) died or were declared dead,
c) registered their permanent residence in a
different municipality, upon receiving notice from that municipality.
(5) The municipality shall make changes in the
Register with respect to any person who has changed
a) his/her forename or surname,
b) his/her permanent residence in the
municipality.
(6) Space shall be reserved in the Register for
corrections.
Registering in the Register
(1) Citizens of the Slovak Republic with the right
to vote shall be listed in the Register according to the location of the
permanent residence. Each citizen may only be listed in one Register.
(2) Members of the armed forces, armed security
units and armed units 5) who are
accommodated collectively shall be registered in the Register of the
municipality in the territory of which their unit is located. Registration shall be carried out on the
basis of the data submitted by the unit within a period determined by the mayor
of the municipality, and such registration in the Register shall only be valid
for the period of the elections. The municipality on the territory of which the
unit is located give notice of registering in the Register without undue delay
to the municipality on the territory of which soldier or member of armed units
has permanent residence. The municipality shall insure that no electoral wards
are created that might only include members of the armed forces, armed security
units or armed units.
(3) Any persons who are additionally registered in
the Register pursuant to paragraph 2 shall, for the period of elections, be
excluded from the Register of that municipality which is their place of
permanent residence.
(4) Any citizen of the Slovak Republic who has not
permanent residence within the territory of the Slovak Republic and comes to
the polling station on the day of the elections shall be registered by Ward
Election Commission in the register of persons eligible to vote in its ward
election. The registration shall be recorded in his/her passport. This registration in the Register shall only
be valid for the period of the elections.
(5) Any citizen of the Slovak Republic who comes
to the polling station on the day of the elections according to his permanent
residence and who is not registered in the list, shall be additionally
registered by the Ward Election Commission on the basis of his/her identity
card.
Voter’s Card
(1) Upon request, the municipality shall issue a
voter’s card for those voters who are not able to vote in the election ward
where they are registered, and shall exclude them from the Register. This
exclusion shall only be valid for the period of the election.
(2) The voter’s card shall authorise registration
in the Register of another election ward; this registration shall only be valid
for the period of the election.
Appellate Proceeding
(1) Any voter may verify that he/she is registered
in the Register and may require the addition or amending of data. The municipality shall be obliged to satisfy
the requirements of the applicant within 48 hours, or notify the applicant why
his/her application cannot be satisfied.
(2) If the municipality itself does not correct the
mistakes or incompleteness in the Register itself, the affected citizen may
file a motion to a court of law with jurisdiction in the election ward to make
a ruling regarding the correction or amendment of the Register. The provision
of special law applies to such a proceeding. 5a) On the basis of the court’s ruling, the
municipality, and on the day of the elections the Ward Election Commission,
shall make an appropriate change to the Register. The proceeding before the
court shall not be subject to any court fee.
(3) The commander of a unit may verify in the
municipal office if the persons defined in section 6, paragraph 2 are listed in
the Registry and may require the addition of data or the making of amendments.
The municipality shall be obliged to satisfy the requirements of the applicant
within 48 hours, or notify the applicant why their application cannot not be
satisfied.
(1) The municipality shall deliver the Register of
eligible voters voting in its election ward to the Ward Election Commission in
two counterparts at least two hours before the start of the elections.
(2) In addition to persons pursuant to section 6,
paragraph 4,section 7, and section 8, paragraph 2, the Ward Election Commission
shall also register in the Registry of eligible voters any person who presents
a certificate of permanent residence for a location lying in the election ward.
PART THREE
Election CIrcuit and Election Wards
Electoral Circuit
(1) Elections to the National Council of the
Slovak Republic shall take place in the territory of the Slovak Republic.
(2) The territory of the Slovak Republic shall
constitute one electoral circuit.
Election Wards
(1) The mayor of the
municipality or of the city ward 6)
(hereinafter referred to as the „mayor“) shall establish election wards no
later than 30 days before the elections in order to enable the citizens to cast
their voting ballots and count the votes; the mayor shall also determine the
polling stations.
(2) Election wards
shall usually be created to include 1,000 voters; in an electoral ward with
persons registered pursuant to Section 6, paragraph 2, the number of voters can
be higher. It shall be possible to create independent election wards for remote
municipalities if there are at least 50 voters.
(3) Special election
wards may be created in health care facilities, social care institutions and
similar institutions, provided there are at least 100 voters.
(4) The possibility
to execute the right to vote on the basis of a voter’s card in the cells of police detention 7) , jails or other facilities for
serving disciplinary sentences shall be provided for by the Ward Election
Commission with jurisdiction for the respective area, in co-operation with the
commander of the relevant facility. The size of the election ward as stipulated
in paragraph 3 need not be observed. Any persons who does not have permanent
residence in this election ward shall vote on the basis of a voter’s card,
which they have requested. In cases of a persons in police custody, the
appropriate unit of the police corps shall enable for such persons in custody
to execute their right to vote.
PART FOUR
Electoral Bodies
General Provisions
(1) The Central
Election Commission, District Election Commissions and Ward Election
Commissions shall be created for the election to the National Council of the
Slovak Republic.
(2) Any citizen with
the right to vote and for whom there are no obstacles to the right to vote may
become a member of an election commission. A candidate for member (hereinafter
referred to as ‘member’) may not be a member of an election commission.
(3) The
Election Commissions shall consist of an equal number of the political parties
and political movements8) representatives (hereinafter referred to as
‘political party’) or their coalitions that submit registration forms. Each
political party and coalition shall provide the names of their representatives,
their substitutes and their exact addresses to the authority that convenes the
first session of the Election Commission. If the Registration Form is withdrawn
or not registered by any political party or coalition, the membership of the
representatives of such a political party and coalition in the Election
Commission shall cease. The term of a
member of the Election Commission shall cease upon the delivery of a written
notice from the political party or coalition that nominated him, or upon the
delivery of a member’s letter of resignation from the office to the chairman of
the Election Commission. The chairman of the Election Commission shall then
summon a substitute according to the order set out by the political party or
coalition.
(4) Members of
election commissions shall take their offices after making the following oath:
„I do solemnly oath that I shall
exercise my office dutifully and impartially and I will abide by the Law and
other legal regulations.“ The oath shall be taken by a member of an election
commission by signing the written wording of the oath.
(5) Election
commissions shall make resolutions in the presence of a simple majority of
members and by a simple majority of votes. In cases of an equal number of
votes, the proposal shall be deemed rejected.
(6) The Election Commission shall agree upon its
chairman and deputy at the first session. If no agreement can be reached, the
chairman and deputy shall be decided by a draw. The chairman and deputy must
not belong to the same political party or coalition. The draw is chaired by the
recorder of the Election Commission.
(7) The Statistical Office of the Slovak Republic
shall create for the Central Election Commission and District Election
Commissions for the purpose of the preparation for processing and the
processing of the results of the election an expert (summary) bodies of the
Election Commissions consisting of employees allocated for such a purpose by
appropriate bodies of the state statistics. Employees allocated to such expert
(summary) bodies of the Election Commissions shall take the oath as stipulated
in paragraph 4.
The Recorders of the Election
Commissions
(1) The Recorder of the Election Commission shall
provide for organisational and administrative measures relating to the
preparation and process of deliberations of the Election Commission. In
addition, he/she shall serve as expert counsellor to the Election Commission.
(2) The Recorder
a) of the Central Election Commission shall be
appointed and recalled by the government of the Slovak Republic,
b) of the District Election Commission shall be
appointed and recalled by the principal of the district office,
c) of the Ward Election Commission shall be
appointed and recalled by the mayor of the municipality.
(3) The Recorder of the Central Election
Commission shall be appointed and recalled by the government of the Slovak
Republic at least 70 days prior to the day of the elections; it is necessary to
appoint Recorders pursuant to paragraphs 2b) and c) sufficiently early so that
they can perform the tasks following from this Act. The Recorder shall have the
right of counsel during the deliberations of the Election Commission. The
Recorder shall take the oath as stipulated in section 11, paragraph 4.
Central Election Commission
(1) Each political party or coalition that submits
the Registration Form shall nominate two members and two substitutes to the
Central Election Commission at least 65 days prior to the day of the elections.
(2) The first session of the Central Election
Commission shall take place within five days following the expiry of the period
set forth in paragraph 1; the Prime Minister of the Slovak Republic shall
convene the deliberations.
(3) The Central Election Commission shall:
a) examine the Registration Forms and make
decisions regarding their registration or rejection of their registration,
b) supervise the state of readiness of lower
level Election Commissions in providing for tasks pursuant to this Act,
c) deliberate on information from the Ministry
of the Interior of the Slovak Republic concerning organisational and technical
preparations for the elections and recommend motions for the implementation of
measures,
d) deliberate on information from the
Statistical Office of the Slovak Republic concerning preparation of the project
for technical processing of the election results in the districts of the Slovak
Republic,
e) deliberate on information concerning equal
allocation of broadcasting time on television and radio broadcasting during the
election campaign,
f) ascertain and publish the results of
elections,
g) make minutes concerning the results of the
elections and deliver them to the chairman of the National Council of the
Slovak Republic,
h) issue certificates of election for the
elected candidates,
i) deliver the election documents to the
Ministry of the Interior of the Slovak Republic for archiving.
(4) The Ministry of the Interior of the Slovak
Republic shall create an expert administrative body to assist in the
performance of the tasks of the Central Election Commission.„
Repealed
District Election Commission
(1) Each political party or coalition whose
Registration Form was registered shall nominate one member and one substitute
to the District Election Commission at least 45 days prior to the elections.
(2) The first session of the District Election
Commission shall take place within 5 days following the expiry of the period
set forth in paragraph 1; the principal of the district office shall convene
the deliberations.
(3) The District Election Commission shall:
a) supervise the state of preparedness of the
Ward Election Commissions in providing for the tasks pursuant to this act,
b) deliberate on information from the district office
concerning the organisational and technical preparations for the elections and
recommend motions for the implementation of measures,
c) deliberate on information concerning the
provision of activities of its expert (summary) body,
d) supervise the processing of the results of
voting in the election wards,
e) in cases of doubt arising, have the right to
demand explanations and other information from the Ward Election Commission;
correct apparent errors after agreement with the Ward Election Commission;
otherwise it shall require the Ward Election Commission to convene and correct
the insufficiencies,
f) make minutes concerning the course and
results of elections in the district and deliver them to the Central Election
Commission,
g) deliver the election documents to the
district office for archiving.
(1) Each political party or coalition whose
Registration Form was registered may nominate one member and one substitute to
the Ward Election Commission at least 30 days prior to the day of elections.
(2) The Ward Election Commission must have at
least 5 members; Ward Election Commission whose Register includes persons
additionally registered pursuant to section 6 paragraph 2 must have at least 7
members.
(3) If the Ward Election Commission created in the
manner set out in paragraph 1 does not have enough members, the mayor of the
municipality shall inform the principal of the district office of this fact
without undue delay, who shall appoint the remaining members from among persons
who are not members of any political party or coalition.
(4) The first session of the Ward Election
Commission shall take place within 7 days following the expiry of the period
set forth in paragraph 1; the deliberations shall be convened by the mayor of
the municipality.
(5) The Ward Election Commission shall
a) supervise the correct polling of voting
ballots and taking charge of the election room,
b) provide for the additional registration of
voters and take the voter cards,
c) count the votes and make the minutes
concerning voting, which shall be submitted to the appropriate District
Election Commission without undue delay,
d) deliver all other documents relating to the
elections for archiving in the municipality.
PART FIVE
Registration Form
(1) The Registration Form shall be delivered by
the political party or coalition of political parties registered pursuant to the special act8)
to the Recorder of the Central Election Commission in two counterparts at least
65 days prior to the day of the elections via a proxy.
(2) For the purposes of this Act, the Registration
Form of a coalition shall mean a separated list of candidates political parties
that have entered into a written coalition agreement. No member of one
political party can be listed on the Registration Form of another political
party, not even within the coalition among candidates of another coalition
political party.
(3) The political party shall attach a statement
to the Registration Form confirming it has at least 10 thousand individual
members; this statement must be attached to the Registration Form by every
party of the coalition.
(4) If a political party fails to comply with the conditions
pursuant to paragraph 3, it shall attach a petition signed by such number of
voters that will replace the missing number of members of the political party
pursuant to paragraph 3. Upon signing the petition8a) , a voter shall state his/her name, birth
registration number and permanent residence; for the purposes of this Act, the
term permanent residence shall mean the name of the municipality, name of the
street in cases where the municipality is divided into streets, and the number
of the house. The signature on the petition may not be rescinded.
(5) The condition set forth in paragraph 3 or 4
shall not apply to political parties that are represented in the National
Council of the Slovak Republic on the basis of the results of the previous
elections to the National Council of the Slovak Republic and that have an
independent club in the National Council of the Slovak Republic on the day that
this Act becomes effective.
(6) The Registration Form shall contain:
a) the name of the political party,
b) forename, surname, academic title, age, birth
certificate number, occupation, permanent residence, membership of political
party or a proclamation that he/she is not a member of any political party, and
the order on the Registration Form shown in Arabic numerals with respect to all
candidates.
(7) A political party may display its graphical
symbol on the Registration Form.
(8) Each political party or coalition may nominate
a maximum of 150 candidates on the Registration Form.
(9) The Registration Form must include the
attached candidates’ statements, signed in person, that he/she consents with
the nomination and has not been nominated on any other Registration Form and is
not aware of any obstacles to electoral eligibility, and the certificate of
membership in the party or a proclamation that he/she is not a member of any
political party.
(10) Political parties may agree in
writing on the establishment of a coalition. Each political party in the
coalition must meet the requirements set
out in paragraphs 3 to 9.
(11) On an attachment to the Registration
Form, the political party shall state its proxy and two substitutes, and state
their forenames, surnames and exact permanent residences. The proxy or his/her substitutes may not be
candidates. The political party shall be bound by the actions of its proxy. If
a substitute takes over the position of the proxy, the political party shall
notify the Central Election Commission of this fact. A coalition shall
determine a common proxy and common representatives to the Election
Commissions. The acts of the proxy and representatives to the Election
Commissions shall be binding for every party in the coalition.
(12) The Recorder shall ascertain that the
submitted Registration Forms meet the stipulated criteria. If not, he/she shall
notify the proxy of the political party or coalition of this fact. The Recorder
shall certify the delivery of the Registration Form for the proxy of the
political party or coalition.
(13) The Recorder shall convey the
Registration Form to the expert (summary) body of the Central Election
Commission without undue delay for the purposes of verification and processing
the election results.
Examination of Registration Forms
(1) The Central Election Commission shall begin to
examine the submitted Registration Forms at least 55 days prior to the day of
elections.
(2) The Central Election Commission shall examine
the submitted Registration Form to ascertain if it complies with the conditions
of this Act. The Central Election Commission shall remove
a) those candidates who do not meet the
conditions set out in section 3,
b) those candidate whose statement pursuant to
section 17, paragraph 9 was not attached,
c) any candidate who is listed on the
Registration Forms of several political parties or on such a Registration Form
to which the statement pursuant to section 17, paragraph 9 has not been
attached; if the candidate signed the statement attached to several
Registration forms, he/she shall be erased from all Registration Forms,
d) those candidates listed on the Registration
Form in excess of the stipulated number pursuant to section 17, paragraph 8.
Registration of Registration Forms
(1) The Central Registration Commission shall register
those Registration Forms that comply with this Act at least 45 days prior to
the day of elections, as well as those Registration Forms amended pursuant to
section 18, paragraph 2. Registration is a prerequisite for the printing of
voting ballots. The voting ballots for a coalition shall be printed in such a
way that it is apparent that it is the voting ballot of a coalition, and each
party shall have its own ballot.
(2) The Central Election Commission shall reject
any Registration Form not complying with this Act within the period pursuant to
paragraph 1 and which it is not possible to amend pursuant to section 18,
paragraph 2.
(3) The Recorder of the Central Election
Commission shall deliver the decision of the Central Election Commission
pursuant to paragraphs 1 and 2 to the affected political party within 24 hours
of such a decision being adopted.
(4) With respect to the decision of the Central
Election Commission regarding the registration of the Registration Form, the
registration of the Registration Form with amendments pursuant to section 18,
paragraph 2 and with respect to the decision regarding the rejection of the
registration of the Registration Form, political parties may file a motion to
the Supreme Court of the Slovak Republic to issue a ruling cancelling the
registration, or a motion to issue a ruling leaving a candidate on the
Registration Form, or a motion to issue a ruling regarding the registration of
the Registration Form. The motion must be filed within three days following the
decision of the Central Election Commission. There shall be no appeal against
the ruling of the Supreme Court of the Slovak Republic. The Supreme Court of
the Slovak Republic shall make its ruling within five days.
(5) The Ministry of the Interior of the Slovak
Republic shall deliver a list of registered candidates to the municipalities
via the regional and district offices at least 25 days prior to the day of
elections. The municipalities shall ensure that a counterpart of the list is
sent to every voter not less than 20 days before the day of the elections.
Withdrawal of the Registration Form, Waiver and Termination
of Nomination
(1) Any political party or coalition may withdraw
its Registration Form in writing via its proxy within 48 hours prior to the
start of the elections.
(2) Any candidate may waive his/her nomination in
writing within 48 hours prior to the start of the elections. Within this
period, the political party or coalition that nominated him/her may terminate
his/her nomination in writing.
(3) The withdrawal of the Registration Form by any
political party or coalition and the waiver or termination of the nomination
may not rescinded. It shall be delivered to the chairman of the Central
Election Commission in two counterparts, who shall provide for its publishing
in an appropriate manner.
(4) If a candidate has waived his/her nomination
or his/her nomination has been terminated after
the registration of the Registration Form, his/her data shall remain on
the Registration Form but he/she shall not be considered during the allocation
of mandates.
Numbering of Registration Forms
The Central Election Commission
shall determine by a draw the number that shall belong to the Registration Form
of every political party or coalition at least 40 days prior to the day of
elections. The Registration Form of a political party that has been
additionally registered on the basis of a court ruling shall be allocated the
number following the highest drawn number. The Central Election Commission
shall notify all political parties and coalitions without undue delay of the
drawn numbers of the Registration Forms and provide for their publication.
Coalition parties shall be identified by a common number and the voting slip
shall be identified by the fraction of this number in the order of the
contesting parties.
Voting Ballots
(1) A voting ballot shall be printed for every
political party that has nominated its members. A separate voting ballot shall
be printed for every political party running in a coalition; the voting ballot
shall also contain the name of the appropriate coalition political party or
political movement, in addition to the requirements pursuant to paragraph 2.
(2) The Ministry of the Interior of the Slovak
Republic shall provide for a sufficient number of voting ballots on the basis
of the registered Registration Forms. The voting ballot shall contain drawn
number of the Registration Form, name of the political party or coalition, the
forename and surname of the candidate, academic title, age, occupation,
municipality of his/her permanent residence and membership in a political
party. The order of candidates on the voting ballot shall be in accordance with
the order on the Registration Form. If the Registration Form of the political
party contains the graphic symbol of the party, it shall also be shown on the
voting ballot.
(3) The voting ballots for elections to the
National Council of the Slovak Republic must be printed using the same size
fonts and character size, on paper of the same colour, quality and size. The
voting ballots shall be stamped by the seal of the Ministry of the Interior of
the Slovak Republic.
(4) The Ministry of the Interior of the Slovak
Republic shall deliver the voting ballots to the mayors of the municipalities,
who shall ensure that they are delivered to all Ward Election Commissions on
the day of the elections.
(5) The voter shall
receive the voting ballots in the polling station on the day of the elections.
(6) If a political party is cancelled or if its
activities are suspended8c) or it
withdraws its Registration Form after the registration of the Registration
Form, the voting ballots of such a political party shall not be printed and if
have already been printed, the Election Commission shall ensure that they are
not distributed to the voters in the polling stations.
Election
Campaign
(1) For the purposes of this Act, the election
campaign period shall mean the period commencing 30 days before and ending 48 hours
before the beginning of the elections. All political parties have an equal
approach to the mass media and other services of local government during the
election campaign. All political parties may conduct their election campaigns
via radio or television broadcasting only in Slovak Radio and Slovak
Television. An election campaign on the radio or television broadcasting of
license holders shall be prohibited. It shall be prohibited to use local radio
for the election campaign, with the exception of announcing election meetings.
(2) Slovak Radio9)
and Slovak Television9a) shall both reserve 21 hours of the
broadcasting time that shall be evenly distributed among the political parties
in such a way that no political party shall be put at a disadvantage; the
broadcasting times shall be determined by a draw. The political parties shall
be responsible for the content of the programs.
(3) During the election campaign it shall be
prohibited to broadcast political speeches and political programs and release
any speeches used by candidate political parties to promote themselves and
to be promoted at times other than those times reserved for political parties
pursuant to paragraph 2. It shall also be prohibited to broadcast the election
campaign at times reserved on radio and television broadcasting for
advertising, or use radio or television advertising for the election campaign.
(4) It shall be possible to display election
campaign posters at open public spaces but only at open public spaces reserved
by the municipality, provided that all the principles of equality of political
parties are observed. Places for displaying election posters shall be
determined by the municipality in a generally binding regulation.
(5) An election campaign in any manner for or against
any political party or candidate in the information media and in the buildings
of the Ward Election Commission and their immediate surrounding shall be
forbidden 48 hours prior to the beginning of the elections and on the day of
elections. It shall only be possible to publish the results of pre-election
public opinion polls until the 14th day before the day of the
elections.
(6) The members of the Election Commissions and
the staff of the expert (summary) bodies may not provide information regarding
the course and partial results of elections until the minutes of recording the
results has been executed.
(7) It shall be prohibited to publicise the
results of pre-election public opinion polls during the course of the election.
(8) The Central Election Commission shall resolve
disputes regarding equality of distribution time for the election campaign on
Slovak Radio and Slovak Television, and its ruling in this matter shall be
binding.
(9) Any violation of the rules of conducting the
election campaign pursuant to this Act shall be sanctioned pursuant to a
special law. 9b)
PART SIX
Elections
Promulgation
of Elections
The Day of the Elections
(1) The President of
the National Council of the Slovak Republic shall promulgate the day of the
elections no later than 90 days before their commencement. The promulgation of
elections shall be published in the Collection of Laws of the Slovak Republic.
(2) The elections
shall be held on the same day on the whole territory of the Slovak Republic.
However, the President of the National Council of the Slovak Republic may
determine that the elections shall be held over two days.
(3) Elections shall
be held on the determined day from 7 a.m. to 6 p.m. If local conditions so
require, the mayor of the municipality may determine an earlier hour for the
start of the elections.
(4) If elections are
held over two days, they shall commence at 2 p.m. and end at 10 p.m. on the
first day. On the second day, the elections shall commence at 7 a.m. and end at
2 p.m. If local conditions so require, the mayor of the municipality may
determine an earlier hour for the start of the elections.
Information for Voters
The municipality shall determine the time and place of the election
in the municipality not later than 25 days before the day of the elections. If
there are more election wards in the municipality, it should also be determined
which units (section 6, par. 2) or premises (section 10, par. 3) belong to the
individual wards. The municipality shall send information containing time of
election, election ward and the place of voting to each voter registered in the
Register within this time limit; it will also stress the duty of identification
of voters with their ID cards.
Method
of Voting
Preparation of the Polling Station
(1) Prior to the
start of elections, the chairman of the Ward Election Commission shall check
the ballot box and portable ballot box and seal both boxes in the presence of the
members of the commission. The chairman shall also check the furniture of the
polling station and whether the Registration Forms, a sufficient number of
voting ballots, opaque envelopes of the same size, quality and colour with the
official seal of the municipality (hereinafter referred to as the ‘envelope’)
have been prepared. The chairman shall then declare the voting open.
(2) In cases where
the elections are held over two days, the chairman of the Ward Election
Commission shall ensure that after the end of elections on the first day, the
ballot box and portable ballot box are sealed, so that no voting ballots can be
inserted into them and he/she shall deposit them, along with the election
documents, in a safe place.
Booths for Completing Voting Ballots
(1) Polling stations
shall be so arranged that the secrecy of voting is maintained. Every voter with
voting ballots is obliged to go to the special booth provided for their
completion.
(2) No one shall be
present in the voting booth concurrently with the voter, including any member
of the election commission.
Voting
(1) Voters shall
appear before the Ward Election Commission and vote in person. Representation
is not allowed. Members of the Ward Election Commission shall not be allowed to
complete voting ballots for voters.
(2) Upon entering the
polling station, every voter shall present his/her identification card and,
after being recorded in both parts of the Electoral Register, he/she shall
receive one empty envelope and the voting ballots. If the voter does not
present his identification card and no member of the Ward Election Commission
knows him/her, the Commission shall require the voter to prove his/her identity
by the testimony of two witnesses who are known to the Commission; if the voter fails to do this before the end
of voting, he/she shall not be allowed to vote.
(3) The Ward Election
Commission shall register any voter who comes to the polling station with a
voter’s card in the Electoral Register. The chairman and two members of the
commission shall sign the registration; the voter’s card shall be attached to
the first part of the Electoral Register. Afterwards the commission shall give
the voter the voting ballots and an empty envelope. The Ward Election
Commission shall act accordingly with respect to the case set forth in section
6 paragraph 4.
(4) Upon receiving
the voting ballots and empty envelope, the voter shall enter the booth
determined for such a purpose (Section 27, paragraph 1). In the voting booth,
he/she shall put one voting ballot in the envelope. On that ballot, he/she may
select a maximum of four candidates that he/she prefers by circling the
respective number of the candidate as. Any other changes to the ballot shall
not be taken into consideration.
(5) Any voter who is
unable to complete the voting ballot by him/herself due to a physical handicap
or the inability to read or write, shall have the right to take another voter
into the voting booth, who may complete and put the voting ballot in the
envelope for him/her.
(6) The voter shall
vote in such a way that upon leaving the voting booth, he/she shall place the
envelope in the ballot box in front of the election commission. The commission
shall not allow any voter who did not enter the voting booth to vote.
Concerning the conditions of voting, this applies similarly to voting in
special election wards (Section 10, paragraph 3).
(7) Any voter who
cannot come to the polling station may, on asking the Ward Election Commission,
vote in the portable ballot box. In such cases, the Ward Election Commission
shall send at least two of its members to the voter with the portable ballot
box, envelope and voting ballots; those members shall ensure that the voting is
secret.
(8) Upon the request
of any voter who is unable to place the envelope in the ballot box due to a
physical handicap, another voter may do so in his/her presence; however, this
person may not be a member of the election commission.
Order in the Polling Station
(1) The chairman of the
Ward Election Commission, or in his absence the deputy, shall be responsible
for orderliness in the polling station.
(2) The instructions
of the chairman of the Ward Election Commission or his deputy concerning
orderliness in the polling station and the dignified course of voting shall be
binding for all persons present.
(3) No electoral
agitation shall be allowed in the polling station.
Interruptions to Voting
If any circumstances occur that make it impossible to
start, continue or end voting, the Ward Election Commission may adjourn the
start of the voting or prolong the period of voting. The total period of voting
(Section 24) may not be shortened by this measure. The Ward Election Commission
shall inform the citizens of such a measure in the manner common in that area.
If voting is interrupted, the Ward Election Commission shall seal the election
documents and ballot boxes. When voting resumes, the chairman shall check the
integrity of the seals in the presence of the commission, and record the facts
in the minutes on the course and result of voting in the election ward.
Completion of Voting
Only those persons already present inside the polling
station or in front of it shall be allowed to vote after the time determined
for the end of voting. The polling station shall be subsequently closed and the
chairman of the Ward Election Commission shall declare the voting finished.
Determination
and announcement of the election results
Persons Present in the Ward Election Commission during the
Counting of Votes
Only members of the election commissions, commissions of a
higher level, staff from the expert (summary) bodies, and persons given
permission by the Central Election Commission shall have the right to be
present in the room where the Ward Election Commission counts the votes.
Counting the Votes in the Ward Election Commission
(1) When the voting
has been completed, the chairman of the Ward Election Commission shall ensure
that the remaining unused voting ballots and envelopes are sealed, and shall
then open the ballot box. In cases where the Ward Election Commission have also
used a portable ballot box upon the request of citizens, the commission shall
mix the contents of both boxes.
(2) The Ward Election
Commission shall remove the envelopes with the voting ballots from the ballot
box, count the envelopes and compare their number with the records in the
electoral register. The commission shall exclude all non-official envelopes.
(3) After all the
voting ballots have been removed from the envelopes, the commission shall
divide and count the voting ballots cast for individual political parties,
excluding invalid voting ballots, and ascertain how many voters have used their
right for a preference vote. The commission shall then count the preference
votes given to individual candidates on the voting ballots.
(4) Any member of the
Ward Election Commission may inspect the voting ballots. The chairman of the
Ward Election Commission shall verify the correctness of the vote counting.
Judging the Voting Ballots
(1)
Any voting ballots in which the names of
the candidates are either crossed out, changed, or written on shall be
considered as cast for a political party. Any adjustment shall not be taken into
consideration. In cases where a voter gave his/her preference vote to more than
four candidates, such a voting ballot shall be counted for the benefit of the
respective political party but the preference votes shall not be taken into
consideration.
(2) Any voting ballot that is not on the
prescribed form and voting ballots of political parties pursuant to section 22,
paragraph 6 shall be invalid. If an envelope contains several voting ballots
for several parties, all such votes shall be invalid. If there are several
ballots for the same political party, they shall be counted as one vote; in
cases where preference votes where given on these voting ballots, the
commission shall take into consideration the voting ballot with the most
preference votes; if the same number of preference votes have been given but
these are not for the same candidates, the preference votes shall not be taken
into consideration.
(3) If any doubts
arise concerning the validity of either an envelope, voting ballot or
preference vote, the Ward Election Commission shall make the final decision.
Minutes on the Course and Results of Voting in the Election
Ward
(1) The Ward Election
Commission shall make the minutes on the course and results of voting in the
election ward in two counterparts. The chairman and all the members of the
commission shall sign the minutes. If any member of the commission does not
sign the minutes, the reason shall be stated in the minutes.
(2) The minutes on
the course and results of voting in the election ward shall include:
a) the time of commencing and finishing voting
or, if applicable, its interruption,
b) the total number of persons registered on
the electoral register in the election ward,
c) the number of voters to whom envelopes were
issued,
d) the number of envelopes cast,
e) the number of valid votes given for each
political party,
f) the number of voters for a political party
who used their right for a preference vote,
g) the number of valid preference votes cast
for individual candidates split by
political parties,
h) a review of decisions adopted by the
commission and their brief reasoning.
(3) The Ward Election Commission shall give a
counterpart of the minutes concerning voting signed by the chairman of the
Election Commission to the member of the commission.
Cessation
of the Activities of the Ward Election Commission
(1) After counting
the votes and signing the minutes on the course and results of voting in the
election ward, the chairman of the Ward Election Commission shall announce the
results of voting and deliver one counterpart of the minutes to the District
Election Commission without undue delay; the chairman shall await the
instructions of the District Election Commission for ending activities.
(2) In cases where the
chairman of the Ward Election Commission fails to observe the instructions of
the District Election Commission pursuant to paragraph 1, within 24 hours
following the completion of voting, the District Election Commission may
deliver the results of voting in the other election wards to the Central
Election Commission.
(3) The Ward Election
Commission shall seal the cast voting ballots, envelopes and electoral register
and deliver them along with the other election documents to the municipality
for archiving.
Collection of the Results of Voting in the District
Election Commission
The District Election Commission shall collect the results
of voting from the individual Ward Election Commissions and through its expert (summary)
body shall check the completeness of the minutes of the Ward Election
Commissions concerning the course and results of voting in the election wards.
Only members of the election commissions, the staff of expert (summary) bodies
and persons granted permission by the Central Election Commission shall have
the right to be present during this activity.
Repealed
The Minutes of the District Election Commission Concerning the
Course and Results of Voting in
the District
(1) The District Election Commission shall prepare
the minutes concerning the course and results of voting in the district; the
minutes shall be executed by the chairman and the rest of the members of the
commission. If any of the members do not approve the minutes, they shall
include their reasons.
(2) The minutes concerning the course and results
of voting shall contain:
a) the number of election wards in the district
and the number of election ward commissions that delivered the results of
voting,
b) the number of persons registered in the
Register in the district,
c) the number of voters to whom envelopes have
been given,
d) the number of given envelopes,
e) the number of valid votes cast for each
political party,
f) the number of voters for a political party that
have used the right for a preference vote,
g) the number of valid preference votes cast
for individual candidates split by political parties,
h) a review of the resolutions adopted by the
commission and their brief reasoning.
(3) Upon the execution of both counterparts of the
minutes concerning the course and results of voting in the district, the
chairman shall deliver one counterpart of the minutes to the Central Election
Commission without undue delay. The remaining election documents shall be delivered
for archiving at the district office.
(4) The District Election Commission shall give
the minutes concerning the course and results of voting in the district signed
by the chairman of the commission to the member of the commission.
Repealed
Conditions of Mandate Allocation
(1) The Central Election Commission shall
ascertain how many valid votes have been cast for every political party. The
number of valid votes for a coalition of political parties shall be found in cases
where paragraph 3 does not apply to the coalition.
(2) The Central Election Commission shall further
ascertain which political party or political movement has received less than
five percent of the entire number of valid votes.
(3) In further findings of election results and
allocation of mandates, any political party as stipulated in paragraph 2, as
well as the votes cast for them, shall not be taken into consideration. If such
a political party is a member of a coalition, all other political parties or
political movements are considered as if they submitted the Registration Form
separately.
(4) If the Central Election Commission finds that
any political party or political movement has not met the condition pursuant to
paragraph 2, it shall decrease the limit from five to four percent.
Allocation of Mandates
(1) The total of valid votes cast for proceeding
political parties shall be divided by the number 151 (the number of mandates
plus one). The number resulting from this division and rounded to a whole
number shall be the republic election number.
(2) The entire number of valid votes received by a
political party shall be divided by the republic election number and the party
shall be allocated as many mandates as many times is the republic election
number contained in the total of valid votes received by the party.
(3) If one more mandate than allowed is allocated
in such a manner, the redundant mandate shall be deducted from that political
party which had the lowest fraction of the division. If the remainder is the
same, the mandate shall be deducted from that political party which received
the lower number of votes. If the number of votes is the same, it shall be
determined by a draw.
(4) In case that not all the mandates were
allocated in this way or in case that the number of registered candidates
of a political party shall be lower than the number of mandates
that are to be allocated to this political party, then the Central Election
Commission shall successively allocate those mandates to those political
parties which had the lowest fraction of the division. If the remainder is the
same, then the mandate shall be allocated to that political party which
received the higher number of votes. If the number of votes is the same, as well,
it shall be determined by a draw.
(5) Candidates within
individual political parties shall be allocated mandates in the order in which
they are stipulated on the voting slip. However, if at least one tenth of the total
number of voters that cast a valid vote for this political party have used
their right for a preference vote, the mandate shall be given first to the
candidate who received at least 10 percent of the total number of votes cast
for the political party. If a party is allocated more mandates because more
candidates have fulfilled the above-mentioned condition, the mandates shall be
given to the candidates according to the highest number of received preference
votes. If the number of preference votes is equal, the determining factor shall
be the order on the voting slip.
(6) Candidates who have not been given a mandate
shall become substitutes.
Repealed
Minutes of the Central Election Commission and Publication of the
Election Results
(1) After the
allocation of mandates, the Central Election Commission shall prepare the
minutes on the election results, which shall be signed by the chairman and all
the members of the commission. If any member of the commission does not sign
the minutes, the reasons shall be stated in the minutes.
(2) The minutes on
the election results shall include:
a) the total number of persons registered in the
electoral register,
b) the number of voters to whom envelopes have
been issued,
c) the number of valid votes cast for each
political party and for each coalition of political parties in which each
political party received at least five percent of the total number of valid
votes, or four percent of the total number of valid votes if proceeding in accordance
with Section 41, paragraph 4,
d) the names of candidates who were elected,
together with the data of the preference
voting results, as well as the candidates who became substitutes.
(3) The Central Election Commission shall
publicise the overall election results after the execution of the minutes
concerning the election results. It may publicise the overall results
containing the data pursuant to paragraph 2a) to c). At the same time it shall
notify the parties of the results of the final order of the candidates after
its modification according to the results of preference voting.
Certificate of Election
The Central Election Commission shall issue a certificate
of election to all elected candidates.
Repealed
New Elections
(1) If the Constitutional Court of the Slovak
Republic rules the elections invalid or cancels them, the President of National
Council of the Slovak Republic will announce a new election in the National
Council of the Slovak Republic; he will announce the new elections within 30
days following the publication of the ruling of the Constitutional Court in the
Law Series.
Substitutes
(1) If a mandate is vacated during the electoral
term of the National Council of the Slovak Republic, the substitute of the same
political party shall take the position, whereby the substitute shall be
determined by the political party.
(2) If there is no
substitute from the same political party, the mandate shall remain vacant until
the end of electoral term.
(3) If any political
party is cancelled10) , a
substitute shall not take their place and the mandate shall remain vacant until
the end of electoral term.
(4) If the activity
of a political party is suspended11) , a
substitute shall not take the place and the mandate shall remain vacant during
the period of suspension.
(5) If the mandate of
a member is not exercised because the member has been appointed a member of the
government of the Slovak Republic11a) , a
substitute shall take his/her place.
(6) The President of
the National Council of the Slovak Republic shall promulgate the entry of the
substitute 15 days after the mandate of the member of the National Council of the
Slovak Republic has ceased or an event in accordance with paragraph 5 has
occurred. The substitute shall be issued a certificate stating that he/she
became a member from the respective date; in accordance with paragraph 5, the
substitute’s certificate shall also include a statement that his/her mandate
shall only be valid during the term of office of the member of the government
of the Slovak Republic whose vacant mandate of the member has been taken by the
substitute (paragraph 5). Upon the termination of the substitute’s mandate
(paragraph 5), the substitute shall remain on the same Registration Form in the
original order.
PART SEVEN
Provisions for Ensuring Elections
Auxiliary Means
(1) All auxiliary
means for the Ward Election Commissions, mainly polling stations and their
furniture as well as auxiliary staff shall be provided by the municipalities of
the territory in which the respective Ward Election Commission has been
established.
(2) All
means of assistance for the District Election Commission shall be provided by
the district offices, and all means of assistance for the Central Election
Commission shall be provided by the Ministry of the Interior of the Slovak
Republic.
Co-operation of State Bodies and Municipalities
State bodies and municipalities
shall be obliged to co-operate in the execution of this Act.
Claims of Members of Election Commissions
(1) The function of
members of election commissions shall be honorary. No member of an election
commission may be limited in his/her rights and claims following from their
employment or similar working relationship; primarily, he/she shall have the
right to time off and reimbursement of salary12)
or in the case of an independently earning person, reimbursement of a proportional
part of the average monthly salary of a person in the national economy.
(2) Any employer who
has reimbursed a salary pursuant to paragraph 1 shall have the right to receive
compensation. The method of reimbursement for members of election commissions
shall be stipulated by regulations of the Ministry of Finance of the Slovak
Republic after agreement with the Ministry of the Interior of the Slovak
Republic.
Claims of Candidates
(1) Any candidate
shall have the right to time off which shall be provided by the person
employing the candidate (hereinafter referred to as ‘employer’) from the time
following the registration of the Registration Form which includes the
candidate.
(2) The employer
shall reimburse the salary on candidate’s request.
(3) The employer
shall be entitled to compensation from the political party for the amount that
was paid as reimbursement for a candidate registered on the Registration Form
of such a political party.
(4) Any candidate who
is not employed or in a similar working relationship shall be entitled to
reimbursement of salary from the political party that registered the candidate
on its Registration Form.
(5) The reimbursement
of candidates’ salaries shall be calculated in the same way as the
reimbursement of the members of election commissions.
(6) The fact that
someone is a candidate cannot effect his/her employment or working relationship
negatively. The period of time pursuant to paragraph 1 shall be considered as
the period of performing work.
Reimbursement of Electoral Costs
(1) Expenses,
including the expenses of municipalities, connected with elections to the
National Council of the Slovak Republic shall be paid from the state budget of
the Slovak Republic.
(2) Expenses pursuant
to paragraph 1 shall not be the expenses of political parties connected with
the election campaign.
(3) After
verification of the election of members by the National Council of the Slovak
Republic, the President of the National Council of the Slovak Republic shall
inform the Ministry of Finance of the Slovak Republic about the number of valid
votes cast for every political party. Any political party that has received
more than three percent of the total number of votes cast in the elections in
the Slovak Republic shall be paid 60 SKK for each such vote from the state
budget.
PART EIGHT
Transitional
and Final Provisions
Provisions of Authorisation
(1) The
Ministry of the Interior of the Slovak Republic shall:
a)
regulate the details concerning the role
of municipalities and local bodies of state administration in a special
ordinance with respect to:
1. the
creation of election wards,
2. the provision and furniture of
polling stations,
3. the archiving of election
documents.
b) publish the models of election forms and
provide for a sufficient number of copies of election forms.
(2) The Statistical Bureau of the Slovak Republic
after agreement with the Ministry of the Interior of the Slovak Republic shall
publicize methodology of voting results processing.
Any measures taken by relevant bodies of the state
administration and municipalities concerning the preparation of the execution
of this Act before the day of its entry into force, shall be regarded as if
they were taken after this day.
Provision of Termination
Act No. 55/1971 of the Slovak National Council on elections to the Slovak National Council shall cease to be in force.
Entry into Force of the Act
The Act shall enter into force as of the day of
its promulgation (March 16, 1990).
Act No. 8/1992 of the Slovak National Council on
organisation of the Constitutional Court of the Slovak Republic and procedure
before him has entered into force on the day of promulgation (January 16,
1992).
Act No. 104/1992 of the Slovak National Council on changes
and amendments of Act No. 80/1990 of Slovak National Council on elections to
the Slovak National Council has entered into force on the day of promulgation
(March 12, 1992).
Act No. 518/1992 of the Slovak National Council on changes
and amendments of Act No. 80/1990 of Slovak National Council on elections to the Slovak National Council as
amended by subsequent regulations has entered into force on the day of
promulgation (November 13, 1992).
Act No. 157/1994 of the National Council of the Slovak
Republic on changes and amendments of
Act No. 80/1990 of Slovak National Council on
elections to the Slovak National Council as amended by subsequent regulations
has entered into force on the day of promulgation (June 28, 1994).
Act No. 187/1998 of the National Council of the Slovak
Republic on changes and amendments of
Act No. 80/1990 of Slovak National Council on
elections to the Slovak National Council as amended by subsequent
regulations and on changes and amendments of other acts has entered into force
on the day of promulgation (June 18, 1998).
1) Section 11 of Act No. 272/1994 of the National Council of the
Slovak Republic, on the protection of a person’s health.
Section 14 of Act No. 277/1994 of the National Council of the Slovak Republic, on the health service.
1a) Act No. 59/1965 of the National Council of the Slovak Republic on jail terms, as amended by subsequent regulations.
2) Section 10, paragraphs 1 and 2 and section 855 of the Civil Code.
3) Act No. 369/1990 of the Slovak National Council on the local self-government, as amended by subsequent regulations.
3a) E.g., Act No. 40/1993 of the National Council of the Slovak Republic on citizenship, the Code of Criminal Procedure, the Code of Civil Procedure, Act No. 154/1994 of the National Council of the Slovak Republic on register offices in the wording of Act No. 222/1996 of the National Council of the Slovak Republic.
3b) Section 2, paragraph 1 (a) and 1 (c) of Act No. 135/1982 on reporting and recording of the residence of citizens.
4) Section 3 paragraph 2 of Act No. 135/1982.
5) Defence Act No. 351/1997, Act No. 171/1993 of the National Council of the Slovak Republic on the police force, as amended by subsequent regulations, Act No. 79/1992 on the warder and justice force as amended by subsequent regulations, Act No. 61/1993 on The Railways Police Force in the wording of Act No. 83/1994.
5a) Section 200(f) of the Code of Civil Procedure.
6) Section
13 and Section 24, paragraph 2 of Act No. 369/1990 of the Slovak National
Council.
Section 17 of Act No.
377/1992 of the Slovak National Council.
Section 15 of Act No. 401/1990 of the Slovak National Council.
7) Section
36 of Act No. 401/1990 of the Slovak National Council.
8) Act
No. 424/1991 on association in the
political parties and political movements as amended by subsequent regulations.
8a) Act No. 85/1990 on petition rights.
8c) Sections 12 to 15 of Act No. 424/1991 on association in political parties and political movements in the wording of Act No. 47/1993 of the National Council of the Slovak Republic.
9) Act No. 255/1991 of the Slovak National Council on Slovak Radio as amended by subsequent regulations.
9a) Act No. 254/1991 of the Slovak National Council on the Slovak television as amended by subsequent regulations.
9b) Section 5 paragraph g) of
Act No. 468/1991 on operation of radio and television broadcasting in the
wording of Act No. 166/1993 of the National Council of the Slovak Republic and
Act No. 187/1998.
10) Section 13 of Act No. 424/1991 in the wording of Act No. 47/1993 of National Council of the Slovak Republic.
11) Section 14 of Act No. 424/1991.
11a) Article
77 of the Constitution of the Slovak Republic.
12) Decree of the Federal Ministry of Work and Social Affairs No. 18/1991 on other acts in general interests.