First instance body dealing with electoral disputes
Czechia
Article 7 ElectoralBodies
(1) Electoral bodies defined by this act of law:
a) the State ElectoralCommission,
b) the Ministry of the Interior,
c) the Ministry of Foreign Affairs,
d) the Czech Statistical Office,
e) regional authorities and the MetropolitanAuthority of the City of Prague (hereinafter only “regional authorities”) inthe case of elections to the Chamber of Deputies,
f) designated local authorities at the seat ofthe election district, district authorities of the City of Prague at the seatof the election district as defined in Appendix 3 to this act of law anddistrict or local municipal authorities of Brno, Ostrava and Pilsen(hereinafter only “designated local authorities at the seat of the electiondistrict”) in the case of elections to the Senate,
g) designated local authorities5b),district authorities of the City of Prague, the District Authorities of Prague1 for the purpose of safekeeping of voting results received from abroad,district local or municipal authorities of Brno, Ostrava and Pilsen(hereinafter only “designated local authorities),
h) local authorities,
i) mayors of municipalities, mayors ofterritorially undivided chartered towns and mayors of districts ormunicipalities of territorially subdivided chartered towns or the City ofPrague (hereinafter only “mayors”),
j) embassies,
k) district election commissions,
l) special district election commissions in thecase of elections to the Chamber of Deputies (hereinafter only “specialdistrict election commissions”).
(2) All activities of the aforementioned electoralbodies are regarded as public administration.
Part of these electoral bodies deal withcomplaints:
Article 9 […] (2) The Ministry of the Interior: b)deals with all complaints concerning organisational and technical aspects ofthe elections on a district level. […]
Article 11 […] (2) The Czech Statistical Office shall also:k) deal with all complaints concerning the technical facilities and softwareused to process election results.
Article 12 […] (3) In connection with the elections tothe Chamber of Deputies and the Senate each regional authority: a) deals withall complaints concerning organisational and technical aspects of the electionson a local level […]
Article14b Municipal authorities: d) deals with all complaints concerningorganisational and technical aspects of the elections on the level of electiondistricts […]
Article 86 Anypolitical party, movement or coalition or independent candidate whose candidatelist or registration application has been rejected, whose candidate has beendeleted from its candidate list or whose candidate list or registrationapplication has been registered may appeal against such decision at a court of justice in compliancewith special legal regulations13) [refers to Article200m from the Rules of Civil Procedure integrated in the election law inArticle 90] within 2 days after receiving it. The same provision applies to anydeleted independent candidate.
Article 88 (1)The proceedings specified in Article 86 shall be carried out by a regional court of justicecompetent for the territory of the relevant regional authority or designatedlocal authority in the seat of election district. […]
Article 90. Article200m
(1) If any election body competent to issue a finaldecision in compliance with special legal regulations34d) [refersto this particular Act 274/1995 on elections to the Parliament of the CzechRepublic]
a) reject any candidate list for the elections tothe Chamber of Deputies, the political party, movement or coalition presentingsuch candidate list shall be entitled to ask a court of justice to issue aresolution ordering its registration,
b) delete any candidate from any candidate list forthe elections to the Chamber of Deputies, the political party, movement orcoalition presenting such candidate list shall be entitled to ask a court ofjustice to issue a resolution ordering the candidate’s inclusion in thecandidate list,
c) reject any application for registration of acandidate for the elections to the senate, the subject presenting suchapplication shall be entitled to ask a court of justice to issue a resolutionordering the candidate’s registration.
(2) The parties concerned are the subjectpresenting the aforementioned request and the relevant election body.
(3) The competent court of justice shall issue a resolution withoutproceedings within three days.
(4) Thecourt’s resolution cannot be challenged.
Electoral Law: Act ofLaw No. 247/1995 Coll. of September 27th, 1995, on elections to the Parliamentof the Czech Republic and on change and amendment of other selected acts oflaw, amendmended by 212/1996 Coll., 243/1999 Coll., 204/2000 Coll., 64/2001Coll., 491/2001 Coll., 204/2000 Coll. (part), 37/2002 Coll.,171/2002 Coll., 230/2002 Coll. (part), 230/2002 Coll., 62/2003 Coll., 418/2004Coll., 323/2006 Coll., 480/2006 Coll
