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

 

Section 1

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.

 

Section 2

(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)

 

Section 3

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

Section 4

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.

 

Section 5

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.

 

Section 6

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.

 

Section 7

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.

 

Section 8

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.

 

 

 

 

Section 8a

(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

 

Section 9

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.

 

Section 10

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 voters 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

 

Section 11

(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.

 

Section 12

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.

 

Section 13

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.„

 

Section 14

Repealed

 

Section 15

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.

 

Section 16

Ward Election Commission

(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

Nomination and Registration of the Registration Form

 

Section 17

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.

 

Section 18

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.

 

Section 19

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.

 

Section 20

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.

 

Section 21

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.

 

Section 22

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.

 

Section 23

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

 

Section 24

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.

 

Section 25

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

Section 26

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.

 

Section 27

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.

 

 

Section 28

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.

 

Section 29

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.

 

Section 30

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.

 

Section 31

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

 

Section 32

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.

 

Section 33

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.

 

Section 34

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.

 

Section 35

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.

 

Section 36

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.

 

Section 37

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.

 

Section 38

Repealed

 

Section 39

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.

 

Section 40

Repealed

 

Section 41

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.

 

Section 42

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.

 

Section 43

Repealed

 

Section 44

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.

 

Section 45

Certificate of Election

The Central Election Commission shall issue a certificate of election to all elected candidates.

 

Section 46

Repealed

 

 

 

 

 

Section 47

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.

 

Section 48

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

 

Section 49

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.

 

Section 50

Co-operation of State Bodies and Municipalities

State bodies and municipalities shall be obliged to co-operate in the execution of this Act.

 

Section 51

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.

 

Section 52

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 candidates 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.

 

Section 53

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

 

Section 54

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.

 

Section 55

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.

 

Section 56

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.

 

Section 57

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.