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Courtesy of the Venice Commission for Democracy Through Law
www.venice.coe.int


ACT
of the National Council


No. 346/1990 Coll.
on elections to municipalities’ self-government authorities
as amended by the Act No. 401/1990 Coll., Act No. 8/1992 Coll., Act No. 60/1993 Coll.,
Act No. 252/1994 Coll., Act No. 222/1996 Coll., Act No. 233/1998 Coll.,
finding of the Constitutional Court of the Slovak Republic No. 318/1998 Coll., Act No. 331/1998 Coll., Act No. 389/1999 Coll., Act No. 302/2000 Coll., Act No. 36/2002 Coll.,
Act No. 515/2003 Coll. and Act No. 335/2007 Coll.

 

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

PART ONE
BASIC PROVISIONS

Section 1
Elections to the municipalities’ self-government authorities1) shall be held on the basis of a universal, equal and direct franchise by secret ballot.

Section 2
(1) The right to elect members of the municipalities’ self-government authorities shall be conferred to citizens of the Slovak Republic who have permanent residence in a municipality, borough of the capital of the Slovak Republic Bratislava or in a borough of the Košice city and who will have completed 18 years of age as of the election day (hereinafter the “elector”).
(2) The following shall be deemed an impediment to the exercise of the right to vote
a) limitation of personal freedom stipulated by law due to protection of people’s health,2)
b) serving of a prison sentence,2a)
c) serving of a military service, compensatory military service or improving military service, if so required within the framework of fulfilment of tasks under separate regulations and2b)
d) deprivation or limitation of legal capacity. 3)
Section 3
An elector who does not face any impediment in the exercise of his/her right to vote under Section 2 § 2 (b) and (d) can be elected a deputy of a municipal board (local authority), or a deputy of a municipal council in the capital of the Slovak Republic Bratislava and in the Košice city (hereinafter the “municipal board (local authority)”).
Section 4
An elector who does not face any impediment in the exercise of his/her right to vote under Section 2 § 2 (b) and (d) and who will have completed 25 years of age as of the election day can be elected a mayor of a municipality (of a city), or a mayor of a city borough in the capital of the Slovak Republic Bratislava and in the Košice city (hereinafter the “mayor of a municipality (of a city)”).


PART TWO
LIST OF ELECTORS QUALIFIED TO VOTE IN ELECTION PRECINCT

Section 5
Title repealed as of 5 November, 1998
(1) Lists of electors qualified to vote in individual election precincts (hereinafter the “list of electors”) shall be issued by municipalities, and in the capital of the Slovak Republic Bratislava and in the Košice city it shall be issued by city boroughs (hereinafter the “municipality”) based on the permanent list of electors.3a) The municipality shall include foreigners who meet the requirements under Section 2 § 1 in the list of electors.
(2) A municipality shall submit two counterparts of the list of electors under § 1 to the precinct election committees no later than two hours before commencement of the poll.
(3) On the election day, the precinct election committee shall put an elector on the list of electors
a) based on a judicial decision,3b)
b) provided that he/she proves, by a valid identity card,4) to have permanent residence at the place, which falls under the election precinct.

Section 6
Repealed as of 5 November 1998

Section 6a
Repealed as of 5 November 1998

Section 7
Repealed as of 5 November 1998

Section 8
Repealed as of 5 November 1998


PART THREE
ELECTION DISTRICTS AND ELECTION PRECINCTS

Section 9
Election Districts
(1) For the purposes of the elections to municipal boards (local authorities), there shall be established multi-mandate wards in each municipality, in which deputies of a municipal board (local authority) shall be elected according to the number of municipality citizens, however maximally 12 deputies per one ward; in cities with city boroughs, there can also be established one-mandate wards, provided that only one deputy comes to the number of citizens in the city borough.
(2) Only one ward can be established in a municipality, where 12 or less deputies are to be elected.
(3) The wards and the number of deputies in the wards pursuant to § 1 or § 2 shall be determined by a municipal board (local authority) and published no later than 65 days before the election day.
(4) In a municipality with city boroughs, boundaries of the wards must not exceed boundaries of the city boroughs.
(5) For the purposes of the election of a mayor of a municipality (of a city), each municipality shall constitute a one-mandate ward.
Section 10
Election Precincts
(1) Election precincts shall be established for the purposes of casting of ballots and counting of votes.
(2) Election precincts and polling stations in them shall be determined by a mayor of a municipality no later than 40 days before the election day.
(3) An election precinct shall be established in such way that it usually includes 1,000 electors. Separate election precincts can be established for remote parts of the municipality, provided that there is at least 50 electors. Election precincts must not exceed boundaries of the ward. 

PART FOUR
ELECTION AUTHORITIES

Section 11
General Provisions
(1) Elections to the municipalities’ self-government authorities shall be managed by the Central Election Committee. In districts, elections shall be managed by the district election committees, in cities, elections shall be managed by the municipal election committees and in other municipalities, elections shall be managed by the local election committees.
(2) Precincts election committees shall be established in the election precincts.
(3) An elector can become a member of an election committee. A candidate for a deputy of a municipal board (local authority) or for a mayor of a municipality (of a city) cannot become a member of an election committee.
(4) Election committees shall be composed of the same number of representatives of political parties and political movements and coalitions of political parties and political movements (hereinafter the “political parties”) under conditions stipulated in Section 12 § 1, Section 13 § 1, Section 14 § 1 and Section 15 § 1. The political parties shall submit the names, surnames and addresses of the representatives and their substitutes to the person convoking the first meeting of the election committee. Should an election committee member fall ill, resign, be repeatedly absent, or should his/her office terminate, the chairman of the election committee shall call a substitute. Withdrawal of a list of candidates by a political party shall result in cessation of membership of representatives of the political party in the respective election committee. The office of a member of an election committee shall also terminate on the day of delivery of a written notice of the political party, which delegated him/her or on the day of the member’s notification of resignation submitted to the chairman of the election committee.
(5) Members of an election committee shall undertake their office upon taking the following oath: “On my honour I pledge to discharge my office conscientiously and impartially and to observe the Constitution of the Slovak Republic and laws”. A member of an election committee shall take the oath to the person that convoked its meeting. A member of an election committee shall confirm the taking of the oath by his/her signature.
(6) An election committee shall have the quorum if a majority of its members is present. Its decision shall be deemed valid, if a majority of the present members voted for it. If the number of votes is equal, the proposal shall be deemed refused. The election committee shall issue minutes on the course of the meeting.
(7) At its first meeting, the election committee shall appoint its chairman and vice-chairman by an agreement. If no agreement is reached, its chairman and vice-chairman shall be determined by a lot. Drawing of lots shall be conducted by the oldest member of the election committee.
(8) For the purposes of preparation of the processing and for the processing of the election results, the Statistical Office of the Slovak Republic shall establish professional (reporting) units for the Central Election Committee and for the district election committees; it shall establish professional (reporting) units for the municipal election committees if they determine election results of more than 50 election precincts. The employees allocated to professional (reporting) units of election committees shall take an oath with the wording and in the manner stipulated in Paragraph 5.
(9) Election committees and their units shall be established for the entire election period.
Section 11a
Registrar of Election Committee
(1) The registrar of an election committee shall secure organisational and administrative matters related to preparation and course of meetings of the election committee. He/she shall simultaneously discharge the office of a consultant of the election committee.
(2) The registrar
a) of the Central Election Committee shall be appointed and recalled by the Government of the Slovak Republic,
b) of the district election committee shall be appointed and recalled by the head of the District Office from among employees of the District Office,
c) of the municipal election committee shall be appointed and recalled by the mayor of a municipality (of a city) usually from among employees of the municipality,
d) of the precinct election committee shall be appointed and recalled by the mayor of a municipality usually from among employees of the municipality.
(3) The registrar of the Central Election Committee shall be appointed by the Government of the Slovak Republic no later than 70 days before the election day; registrars under Paragraph 2 (b) - (d) must be appointed well in advance, so that they can fulfil the tasks under this Act. At meetings of the election committees, the registrar shall constitute a non-voting member. The registrar shall take an oath in the manner and with the wording under Section 11 § 5.
Section 12
Central Election Committee
(1) Each political party submitting lists of candidates for municipal boards (local authorities) at least in one fifth of districts in the Slovak Republic, shall delegate, no later than 30 days before the election day, one member and one substitute member to the Central Election Committee.
(2) The first meeting of the Central Election Committee shall take place within five days from the lapse of the time limit under Paragraph 1; the meeting shall be convoked by the Prime Minister of the Slovak Republic.
(3) The Central Election Committee shall
a) oversee preparedness of subordinate election committees for fulfilment of the tasks under this Act, as well as representation of political parties in the district election committees,
b) discuss information provided by the Ministry of Interior of the Slovak Republic about organisational and technical preparation of the elections and it shall propose taking of measures,
c) discuss information provided by the Statistical Office of the Slovak Republic about preparation of the project of the technical processing of the election results,
d) find out and publish the election results,
e) issue minutes on the election results,
f) put the election documents in custody of the Ministry of Interior of the Slovak Republic.
(4) The Ministry of Interior of the Slovak Republic shall establish a professional and administrative unit that will assist in fulfilment of the tasks of the Central Election Committee.
Section 13
District Election Committee
(1) Each political party submitting lists of candidates for municipal boards (local authorities) in at least one third of municipalities within the ward of a district election committee, shall delegate, no later than 35 days before the election day, one member and one substitute member to the district election committee.
(2) A district election committee must have at least five members. Should a district election committee not have the determined number of members and be established in a manner stipulated in Paragraph 1, the missing members shall be appointed by the head of the District Office.
(3) The first meeting of the district election committee shall take place within five days from the lapse of the time limit under Paragraph 1; the meeting shall be convoked by the head of the District Office.
(4) The district election committee shall
a) oversee preparedness of the local and municipal election committees (hereinafter the “municipal election committee”) and the precinct election committees for fulfilment of the tasks under this Act, as well as representation of political parties in the precinct election committees,
b) discuss information provided by the District Office about the organisational and technical preparation of elections and it shall propose taking of measures,
c) discuss information about securing of activities of its professional (reporting) unit,
d) issue minutes on the course and result of the voting and submit them to the Central Election Committee,
e) put the election documents in custody of the District Office.
(5) The ward of the district election committee shall be the same like the ward of the District Office. 

Section 14
Municipal Election Committee
(1) Each political party submitting lists of candidates for municipal boards (local authorities) shall delegate, no later than 55 days before the election day, one member and one substitute member to the municipal election committee.
(2) The municipal election committee must have at least five members. Should the municipal election committee not have the determined number of members and be established in a manner stipulated in Paragraph 1, the missing members shall be appointed by the mayor of a municipality (of a city).
(3) The first meeting of the municipal election committee shall take place within five days from the lapse of the time limit under Paragraph 1; the meeting shall be convoked by the mayor of a municipality (of a city).
(4) The municipal election committee shall 
a) review the lists of candidates and decide on registration or refuse registration of candidates,
b) oversee preparedness of precinct election committees for fulfilment of the tasks under this Act,
c) issue minutes on results of the elections to the municipal board (local authority) and on results of the elections of a mayor of a municipality (of a city), which must be signed by members of the committee; each member of the committee shall obtain the minutes with authentic signatures of committee members,
d) issue a certificate of election to the elected candidates,
e) put the election documents in custody of a municipality.
Section 14a
Special Provisions for Bratislava and Košice
(1) In Bratislava and Košice, there shall be established a city election committee, which shall fulfil tasks of a municipal election committee for the purposes of elections of a municipal board and a mayor of a municipality.
(2) The municipal election committees in Bratislava and Košice shall submit the minutes on the result of the elections under Paragraph 1 to the Central Election Committee.
(3) The municipal election committees in Bratislava and Košice must have at least five members. Should a municipal election committee in Bratislava or Košice not be established under Section 14 § 1, the missing members shall be appointed by the mayor of the municipality.
Section 15
Precinct Election Committee
(1) Each political party, whose list of candidates was registered in the elections to a municipal board (local authority) shall delegate, no later than 20 days before the election day, one member and one substitute member to the precinct election committee.
(2) The precinct election committee must have at least five members. Should the precinct election committee not have the determined number of members and be established in a manner stipulated in Paragraph 1, the missing members shall be appointed by the mayor of a municipality (of a city).
(3) The first meeting of the precinct election committee shall take place within five days from the lapse of the time limit under Paragraph 1; the meeting shall be convoked by the mayor of a municipality (of a city).
(4) The precinct election committee shall
a) secure the course of the poll, above all it shall overview correct casting of ballot papers and secure tidiness of polling station,
b) count votes and issue minutes on the poll, which shall be obtained by each member of the committee; the first counterpart of the minutes shall be immediately submitted to the municipal election committee,
c) put the election documents in custody of a municipality.
(5) The precinct election committee shall not be established in a municipality with only one election precinct; its tasks shall be fulfilled by the municipal election committee.


PART FIVE
PROPOSING AND REGISTRATION OF CANDIDATES
TO MUNICIPAL BOARDS (LOCAL AUTHORITIES)

Section 16
Lists of Candidates
(1) Political parties and independent candidates shall submit the lists of candidates for elections to the municipal board (local authority) separately for each ward.
(2) Two counterparts of each list of candidates shall be submitted to the registrar of the municipal election committee no later than 55 days before the election day. The political parties shall submit the lists of candidates by proxy.
(3) The list of candidates shall state
a) the name of the political party,
b) the name, surname, degree, age, profession and permanent residence of candidates and their order on the list of candidates expressed by an Arabic numeral,
c) the name, surname and address of a proxy of the political party and his/her substitute; the candidate cannot constitute a proxy or a substitute,
d) the name, surname, office and signature of a person entitled to act on behalf of the political party.
(4) A list of candidates of an independent candidate shall state the candidate’s name, surname, degree, age, profession, permanent residence and signature.
(5) On the list of candidates, a political party can state maximally as many candidates as should be elected in the respective ward as deputies of a municipal board (local authority).
(6) If a political party submits a list of candidates in one ward independently, it cannot submit the list of candidates in another ward for the purposes of elections to the same municipal board (local authority) within a coalition; if it submits a list of candidates within a coalition, it can submit the list of candidates in another ward for the purposes of elections to the same municipal board (local authority) only within the same coalition.
(7) A candidate in the elections to the same municipal board (local authority) can stand as a candidate only in one ward. 
(8) The list of candidates must include a candidate’s declaration signed by the candidate, in which he/she shall state that he/she agrees with his/her candidature and disagrees with being stated on another list of candidates and is not aware of any impediment to his/her eligibility.
(9) A petition4a) signed by electors supporting his/her candidature shall also constitute a part of the list of candidates of an independent candidate. The necessary number of signatures according to the size of the municipality is stated in the Annex to this Act. In the petition, there shall be stated the elector’s name, surname and permanent residence next to each signature, while the permanent residence shall mean the name of the municipality, the name of the street, provided that the municipality is divided in streets, and the house number. The municipality shall publish the number of its inhabitants in a manner usual for the municipality no later than 85 days before the election day.
(10) A candidate for a deputy of a municipal board (local authority) must have permanent residence in the municipality, where he/she stands as a candidate.
(11) A candidate for a mayor of a municipality (of a city) can also stand as a candidate for a deputy of a municipal board (local authority).
Section 17
Registration of Candidates
(1) The municipal election committee shall review the submitted lists of candidates and refuse to register a candidate
a) who fails to fulfil the requirements under Section 3,
b) whose proposal does not include a declaration under Section 16 § 8,
c) who is stated on the lists of candidates of several political parties or on the lists of candidates of several wards; such refusal shall apply to the list of candidates, to which a declaration under Section 16 § 8 is not attached; if the candidate signed declarations to several lists of candidates, he/she shall be crossed out from all lists of candidates,
d) who exceeds the maximum number stipulated in Section 16 § 5,
e) who does not have permanent residence in the municipality, where he/she stands as a candidate,
f) if the petition under Section 16 § 9 is missing or incomplete,
g) who is stated on the list of candidates, which does not meet the requirements under this Act.
(2) The municipal election committee shall register candidates no later than 45 days before the election day and it shall make a note of the candidate’s registration on the list of candidates. Registration of candidates constitutes a precondition for issuance of ballots.
(3) The local election committee shall invite proxies of political parties and independent candidates to take over, within 24 hours, a decision on registration or on refusal of registration of the lists of candidates. Should a proxy or independent candidates fail to take over the decision in the above time limit, it shall be deemed delivered.
(4) The political parties and independent candidates can file a petition with the court for issuance of a decision on cancellation of a candidate’s registration or a petition for a candidate’s registration against a decision of the municipal election committee on a candidate’s registration or refusal of registration. The petition must be filed within three days from issuance of a decision of the municipal election committee. No appeal against the judicial decision shall be admissible.
(5) Should a court decide on a candidate’s registration or cancellation of a candidate’s registration, the municipal election committee shall enforce the judicial decision within 24 hours from its delivery.
Section 18
Announcement of Candidature
No later than 35 days before the election day, the municipal election committee shall publish a list of registered candidates in a manner usual for the municipality. The list of candidates must state the candidate’s name, surname, degree, age, profession, permanent residence and the name of the political party, which proposed the candidate or information that he/she is an independent candidate.
Section 19
Resignation and Withdrawal of Candidature
(1) A candidate can resign his/her candidature in writing at the latest 3 days before the election day. The political party or the coalition, which proposed him/her can also withdraw his/her candidature in writing in the above time limit.
(2) A declaration on resignation or withdrawal of candidature cannot be withdrawn. Two counterparts of such declaration shall be delivered to the chairman of the municipal election committee who shall immediately secure its publication in a manner usual for the municipality.
(3) If the declaration on resignation or withdrawal of candidature was issued after registration of candidates or if a political party is dissolved or its activities are suspended4d) after registration of candidates, their data shall remain on the ballot, however they shall not be taken into account at allocation of mandates.
Section 20
Ballot Papers
(1) The chairman of the municipal election committee shall secure the necessary number of copies of ballot papers by means of the District Office. 
(2) One common ballot paper for all registered candidates shall be issued for each ward. All registered candidates shall be stated on one page of the ballot paper.
(3) The candidates shall be stated on the ballot paper in alphabetical order and there must be stated their number, name, surname, degree, age, profession and the name or abbreviation of the political party, which proposed the candidate, or there shall be stated that he/she is an independent candidate, as well as the number of members of the municipal board (local authority) that are to be elected in the respective ward.
(4) The ballot papers shall be marked by an official stamp of the municipality.
(5) The municipality shall secure submittal of ballot papers to precinct election committees at the latest on the election day.
(6) An elector shall receive ballot papers in a polling station on the election day. 


PART SIX
PROPOSING AND REGISTRATION OF CANDIDATES
FOR THE OFFICE OF A MAYOR OF A MUNICIPALITY (OF A CITY)

Section 21
Lists of Candidates
(1) Lists of candidates for the election of a mayor of a municipality (of a city) can be submitted by political parties. Each political party can state only one candidate on the list of candidates. Political parties can submit a list of candidates with a common candidate. Two counterparts of the lists of candidates shall be submitted to the registrar of the municipal election committee no later than 55 days before the election day. Political parties shall submit the lists of candidates by proxies.
(2) Independent candidates can also stand as candidates for a mayor of a municipality (of a city). An independent candidate shall submit two counterparts of his/her list of candidates to the registrar of the municipal election committee no later than 55 days before the election day. A petition4a) signed by electors supporting the candidate’s candidature shall constitute a part of the list of candidates of an independent candidate. The necessary number of electors according to the size of the municipality is stated in the Annex to this Act. In the petition, there shall be stated the elector’s name, surname and permanent residence next to each signature, while the permanent residence shall mean the name of the municipality, the name of the street, provided that the municipality is divided in streets, and the house number.
(3) A list of candidates shall state the candidate’s name, surname, degree, age, profession, permanent residence and the name of the political party, which proposed him/her or information that he/she is an independent candidate. A declaration under Section 16 § 8 shall be attached to the list of candidates.
(4) A candidate for a mayor of a municipality (of a city) must have permanent residence in the municipality, where he/she stands as a candidate.
(5) A candidate for a deputy of a municipal board (local authority) can also stand as a candidate for a mayor of a municipality (of a city).

 

Section 22
Registration of Candidates
(1) The municipal election committee shall review the submitted lists of candidates and it shall refuse to register a candidate
a) who fails to fulfil the requirements under Section 4,
b) whose proposal does not include a declaration under Section 16 § 8,
c) if the petition under Section 21 § 2 is missing or incomplete,
d) who is stated on the list of candidates, which does not meet the requirements under this Act.
(2) Provisions of Section 17 § 2 – 5 shall apply accordingly.
Section 23
Declaration, Resignation and Withdrawal of Candidature
Provisions of Section 18 § 1 and Section 19 shall also apply to the election of a mayor of a municipality (of a city).
Section 24
Ballot papers
(1) The chairman of the municipal election committee shall secure the necessary number of copies of ballot papers by means of the District Office.
(2) For the election of a mayor of a municipality (of a city) there shall be issued a ballot paper, which shall state the registered candidates in an alphabetical order. There must be stated the candidate’s number, name, surname, degree, age, profession, and name of the political party, which submitted the list of candidates or information that he/she is an independent candidate.
(3) Provisions of Section 20 §§ 4 – 6 shall apply accordingly.

PART SEVEN
PREPARATION OF ELECTIONS

Section 25
Announcement of Elections
(1) Elections to municipal boards (local authorities) and elections of mayors of municipalities (of cities) shall be held during the last fourteen days of their term. They shall be announced by the chairman of the National Council of the Slovak Republic.
(2) Elections to the municipalities’ self-government authorities shall be held on the same day on the entire territory of the Slovak Republic. The chairman of the National Council of the Slovak Republic can determine that the election shall be held for two days.
(3) The chairman of the National Council of the Slovak Republic shall announce the elections to the municipalities’ self-government authorities and determine the election day at the latest 90 days before their holding. The decision of the chairman of the National Council of the Slovak Republic shall be published in the Collection of Laws of the Slovak Republic.5)
Section 26
Election Day
(1) The election shall be held on a determined day from 7:00 a.m. until 8:00 p.m.. If required by local conditions, the municipality may determine an earlier start of the election.
(2) If the election is held for two days, on the first day, the poll shall start at 2:00 p.m. and finish at 10:00 p.m.. On the second day, the poll shall start at 7:00 a.m. and finish at 2:00 p.m.. If required by local conditions, the municipality may determine an earlier start of the poll, both on the first and on the second day.

Section 27
Informing of Electors
No later than 25 days before the election day, a municipality shall send a notification to each elector registered on the list of electors,3a) in which it shall state the election hours, the election precinct and the polling station, in which the elector can vote; it shall also point out in the notification the elector’s obligation to prove his/her identity before voting by his/her identity card and it shall provide a brief description how to mark the ballot paper.
Section 28
Preparation of Polling Station
(1) Before commencement of the poll, the chairman of the precinct election committee shall control and seal up a ballot box and a mobile ballot box in the presence of the committee. He/she shall also control equipment of the polling station, and whether there is prepared a list of candidates and a sufficient number of ballot papers and empty opaque envelopes marked with an official stamp of the municipality (hereinafter the “envelope”).
(2) Should the election be held for two days, the chairman of the precinct election committee shall secure sealing up of the ballot box and mobile ballot box after termination of the first day in order to preclude further casting of ballot papers, and he/she shall put them to a safe place together with other election documents. 
Section 29
Polling Booths Designated for Marking of Ballot Papers
In the polling stations, there are designated polling booths for marking of ballot papers in order to observe secrecy of the voting. The number of the polling boots shall be determined by a municipality, while it shall take into account the number of electors in the election precinct. Nobody may be present in a polling booth together with an elector, not even a member of the precinct election committee.
Section 30
Election Campaign
(1) An election campaign (hereinafter the “campaign”) shall mean an activity of a political party, independent candidate, or other entities, aimed at support of, or serving for supporting of, a political party or an independent candidate, including advertisements or advertising by means of a radio and television broadcasting under Paragraph 4, mass media5a), posters or other information carriers.
(2) The campaign shall start 17 days and terminate 48 hours before the elections. Conducting of campaigns outside the determined time shall be prohibited.
(3) During the campaign, each political party and independent candidate shall have the same access to the mass media and to services of the territorial self-government focused on support or benefit of their election campaign.
(4) The Slovak Radio,5b) the Slovak Television5ba) and a broadcasting station authorised for broadcasting based on a licence (hereinafter the “licence holder”),5bb) can reserve maximally 30 minutes of the broadcasting time per political party or independent candidate and maximally 5 hours of the broadcasting time in total. The political parties and independent candidates shall be liable for the contents of the programmes broadcasted within the campaign during the determined time. The Slovak Radio, the Slovak Television and a licence holder shall secure a clear marking and separation of this broadcasting from other programmes by informing that this is a paid political advertising. 5bc)
(5) The costs of the campaign in the radio and television broadcasting of the Slovak Radio, Slovak Television and licence holders shall be paid by political parties and independent candidates. The Slovak Radio, Slovak Television and licence holders shall be obliged to secure to all political parties and independent candidates the same conditions of purchase of the broadcasting time and the same prices and terms of payment.
(6) It shall be prohibited to broadcast the campaign in the times, which are reserved in the radio and television for advertising, or to use the radio and television advertising for the campaign.
(7) Broadcasting of the reporting and political programmes shall not be deemed a campaign, provided that they are broadcasted in a manner and under the circumstances like outside the campaign time, and are in compliance with the programme service.5bd) The Slovak Radio, Slovak Television and licence holders shall be obliged to secure that the reporting and political programmes broadcasted during the campaign are balanced and impartial. 
(8) Broadcasting of other programmes, except for the reporting and political programmes under Paragraph 7 and the programmes dedicated to the campaign under Paragraph 4, which could influence the voting of electors to the benefit or detriment of a political party or independent candidate, shall be prohibited during the campaign.
(9) A political party or an independent candidate who is subjected, during the campaign, to false or misinterpreted information and statements in the radio and television broadcasting or in the mass media, shall be entitled to react to them during the campaign. He/she/it shall exercise this right with a programme operator5be) or editor-in-chief of the mass medium, which broadcasted or published such information or statement. The programme operator or editor-in-chief of the mass medium shall be obliged to provide the political party or independent candidate with an equally valuable broadcasting time like the broadcasting time, during which the information or statement in question was broadcasted, or with an equally valuable space, like the space, which was provided for publication of the information or statement in question, and this shall be done in the course of the campaign.
(10) During the campaign, posters and other information carriers can be placed only at public places designated by the municipality. The designated area must correspond to principals of equality of political parties and independent candidates. The municipality shall designate the areas for placing of posters or other information carriers by a generally binding legal regulation.
(11) 48 hours before commencement of the elections and during the elections, it shall be prohibited to publish or broadcast information about political parties or independent candidates to their benefit or detriment in the radio and television broadcasting, in the mass media, and in the buildings, where precinct election committees are seated and in their surroundings, whether in oral, written, audio or visual form.
(12) Results of pre-election public opinion polls may be published no later than seven days before the election day.
(13) Members of the election committees and professional units must not provide information about the course and partial results of the elections before signing the minutes on the result of the voting.
(14) In the course of the elections, it shall be prohibited to publish results of the election surveys.
(15) A breach of the rules on conducting of an election campaign under this Act shall be sanctioned pursuant to separate regulations.5bf)


PART EIGHT
COURSE OF VOTING

Voting
Section 31
(1) An elector shall vote personally. He/she may not be represented. Members of the precinct election committee must not mark ballot papers on behalf of electors. Electors shall appear before the election precinct committee in the same order as they came to the polling station.
(2) After coming to a polling station, an elector shall prove his/her identity and after his/her registration in the list of electors, he/she shall obtain an envelope and ballot papers from the committee. Should the elector fail to submit his/her identity card and should none of the members of the precinct election committee know him/her, the committee shall request him/her to prove his/her identity by testimony of two persons known to the committee. Should the elector fail to do so before the close of the poll, he/she shall not be allowed to vote.

(3) Upon request of an elector, the precinct election committee shall provide him/her with new ballot papers in return for incorrectly marked ballot papers.
(4) After the elector obtained an empty envelope and ballot papers, he/she shall enter the polling booth designated for marking of ballot papers. In the polling booth, he/she shall put in the envelope one ballot paper for the election of the municipal board (local authority) and one ballot paper for the election of a mayor of a municipality (of a city). On the ballot paper for the election of the municipal board (local authority), he/she shall mark the candidates, for whom he/she wishes to vote by circling their numbers. The elector may circle maximally as many candidates, as should be elected in the respective ward. On the ballot paper for the election of a mayor of a municipality (of a city), he/she shall mark a candidate, for whom he/she wishes to vote by circling the candidate’s number.
(5) The elector shall vote by casting the envelope to a ballot box after leaving the polling booth designated for marking of ballot papers. The committee shall not allow voting of an elector, who did not enter the polling booth.
(6) For serious reasons, above all for reasons of health, an elector can request the precinct election committee to be enabled to vote outside the polling station, however only within the ward of the election precinct, for which the precinct election committee was established. In such case, the precinct election committee shall send two of its members with a mobile ballot box, ballot papers and an envelope to the elector. The elector shall vote in a manner maintaining secrecy of the voting.
Section 32
An elector who is unable to mark the ballot paper personally due to being disabled or due to being unable to read or write, shall be entitled to take another elector to the polling booth designated for marking of ballot papers so that such person can mark the ballot paper on his/her behalf and put it in an envelope. 
Section 33
Tidiness of Polling Station and Its Surroundings
The chairman of the precinct election committee shall be liable for tidiness of the polling station and its surroundings. His/her instructions aimed at keeping tidiness in the polling station and dignified course of the voting shall be binding for all persons present.
Section 34
Suspension of Voting
Should there arise circumstances that will preclude commencement, continuation or termination of the voting, the precinct election committee can postpone commencement of the voting to a later hour or prolong the voting hours. However, the total time of the voting (Section 26) must not be shortened. The precinct election committee shall notify the electors of such measure in a manner usual for the municipality. In case that the voting is suspended, the precinct election committee shall seal up the election files, the ballot box and the mobile ballot box. At resumption of the voting, the chairman shall verify entirety of the seals, in presence of members of the precinct election committee, and make a note about it in the minutes on the voting.
Section 35
Termination of voting
After the lapse of the hour at which the voting is to be terminated, only those persons can vote, who are in the polling station or in front of its door. After their voting, the polling station shall be closed and the chairman of the precinct election committee shall declare the voting terminated. 

 

PART NINE
FINDING OUT OF ELECTION RESULTS

Section 36
Presence during Counting of Votes
In the room, where the precinct election committee counts votes, the following are entitled to be present: members of superior election committees and members of their professional (reporting) units, as well as the persons authorised by the precinct election committee. 
Section 37
Counting of Votes by Precinct Election Committee
(1) After the close of the poll, the chairman of the precinct election committee shall order sealing up of unused ballot papers and envelopes and opening of the ballot box. Should the precinct election committee have also used, upon request of individual citizens, a mobile ballot box, it shall mix the contents of both ballot boxes.
(2) The precinct election committee shall take the envelopes with ballot papers out of the ballot box, count the envelopes and compare the number of envelopes with records on the list of electors. The committee shall exclude all unofficial envelopes.
(3) After taking the ballot papers out of the envelopes, the precinct election committee shall separate the ballot papers for the election of a municipal board (local authority) from the ballot papers for the election of a mayor of a municipality (of a city). Subsequently, it shall determine the number of valid votes cast in support of individual candidates. It shall write the results in the minutes on the voting.
(4) Each member of the precinct election committee can see the ballot papers. The chairman of the precinct election committee shall control the counting of votes. 
Section 38
Assessing of Ballot Papers
(1) A ballot paper shall be deemed invalid if
a) it is not printed on a prescribed form,
b) it is not marked pursuant to Section 31 § 4,
c) an elector did not mark any candidate on the ballot paper by circling his/her number or if he/she marked more candidates than should be elected to the municipal board (local authority) in the respective ward, or if he/she did not mark any candidate for the office of a mayor of a municipality (of a city), or if he/she marked more than one candidate for this office.
(2) Should there be more than one ballot paper in an envelope, the precinct election committee shall exclude ballot papers, on which no candidate is marked. Should there be more than one ballot paper in an envelope for the election of deputies, on which the same candidates are correctly marked, the precinct election committee shall count only one ballot paper. Otherwise, all ballot papers shall be deemed invalid. Assessing of ballot papers for the election of a mayor of a municipality (of a city) shall be the same.
 (3) Damaging of a ballot paper shall not effect its validity. Crossed out or added names shall not be taken into account.
(4) In disputable cases, a final decision on validity of a ballot paper shall be issued by the precinct election committee. 

Section 39
Minutes of Precinct Election Committee on Voting
(1) The precinct election committee shall issue two counterparts of the minutes on the voting, which shall be signed by the chairman and other members of the committee and by its registrar. Reasons for a refusal to sign shall be noted.
(2) The minutes of the precinct election committee on the voting shall state
a) the time of commencement and close of the poll, or its suspension, if such is the case,
b) the total number of persons in the election precinct registered on the list of electors,
c) the number of electors who obtained envelopes,
d) the number of cast envelopes,
e) the number of valid votes cast in support of individual candidates for the municipal board (local authority),
f) the number of valid votes cast in support of individual candidates for the office of a mayor of a municipality (of a city),
g) an overview of adopted decisions and their brief justification.
Section 40
Termination of Activities of Precinct Election Committee
(1) After counting the votes and signing the minutes on the voting, the chairman of the precinct election committee shall announce the result of the voting and immediately send one counterpart of the minutes to the municipal election committee and he/she shall wait for its instruction for termination of activities.
(2) The precinct election committee shall seal up the ballot papers, envelopes and the lists of electors and put them, together with other election documents, in custody of a municipality.

Section 41
Counting of Votes by Municipal Election Committee
(1) The municipal election committee shall count the votes and find out the overall result of the voting in the municipality based on the minutes on the voting sent by the precinct election committees. Should there araise any doubts, it shall be entitled to request the precinct election committees for the ballot papers and other election documents, or for an explanation and other information.
(2) In the room, where the municipal election committee counts votes, the following are entitled to be present: members of superior election committees and members of their professional (reporting) units, as well as the persons authorised by the Central Election Committee. 
Section 42
Minutes of Municipal Election Committee on Result of Elections in Ward
(1) The municipal election committee shall issue two counterparts of the minutes on the result of the elections independently for each ward. The minutes shall be signed by the chairman and other members of the committee and by its registrar. Reasons for a refusal to sign shall be noted.

 

(2) The minutes of the municipal election committee on the result of the elections in the ward shall state
a) the number of the election precincts and the number of the precinct election committees, which sent the result of the voting,
b) the number of persons registered on the lists of electors,
c) the number of electors who obtained envelopes,
d) the number of cast envelopes,
e) the number of valid votes cast in support of individual candidates for the election of a municipal board (local authority),
f) the names and surnames of candidates who were elected to the municipal board (local authority), the name of the political party, which proposed them, or information that they are independent candidates,
g) the names and surnames of substitutes, the name of their political party or information that they are independent candidates,
h) the number of valid votes cast in support of individual candidates for the office of a mayor of a municipality (local authority),
i) an overview of adopted decisions and their brief justification.
(3) In municipalities, where only one ward was established (Section 9 § 2), the minutes under Paragraph 1 shall not be issued.
Section 43
Minutes of Municipal Election Committee on Result of Election in Municipality
(1) The municipal election committee shall issue two counterparts of the minutes on the result of the elections in the municipality. The minutes shall be signed by the chairman and other members of the committee and by its registrar. Reasons for a refusal to sign shall be noted.
(2) The minutes of the municipal election committee on the result of the elections in the municipality shall state
a) the number of wards,
b) the number of the election precincts and the number of the precinct election committees, which sent the result of the voting,
c) the number of persons registered on the lists of electors,
d) the number of electors who obtained envelopes,
e) the number of cast envelopes,
f) the number of votes cast in support of individual candidates for the municipal board (local authority),
g) the names and surnames of candidates who were elected to the municipal board (local authority), the name of the political party, which proposed them or information that they are independent candidates,
h) the names and surnames of substitutes, the name of their political party or information that they are independent candidates,
i) the number of valid votes cast in support of individual candidates for a mayor of a municipality (of a city),
j) the name of the elected mayor of a municipality (of a city), the name of the political party, which proposed him/her or information that he/she is an independent candidate,
k) an overview of adopted decisions and their brief description.
(3) After signing both counterparts of the minutes on the result of the elections in the municipality, the chairman of the municipal election committee shall immediately send one counterpart of the minutes to the district election committee. It shall put other election documents in custody of a municipality.
Section 44
Election Results
(1) The candidates who obtained a majority of votes in the ward shall be elected as deputies of a municipal board (local authority).
(2) Should two or more candidates of the same political party obtain the same number of valid votes in the ward, the first candidate according to the order on the lists of candidates of the respective political party shall be elected as a deputy.
(3) Should it not be possible to determine who was elected as a deputy of the municipal board (local authority) under Paragraph 2 because the candidates are from different political parties or they are independent candidates, the municipal election committee shall determine the deputy by a lot.
(4) The candidate who obtained a majority of valid votes shall be elected a mayor of a municipality (of a city). In case of equality of votes, new elections shall be held (Section 48).
Section 45
Publishing of Election Results
Immediately after signing the minutes on the results of the elections in the municipality, the municipal election committee shall publish the results of the elections to a municipal board (local authority) and the results of the elections of the mayor of the municipality (of the city) in a manner usual for the municipality. 
Section 46
Minutes of District Election Committee
(1) The district election committee shall find out the results of the poll based on the minutes of the municipal election committees on the election results in the municipality.
(2) The district election committee shall issue two counterparts of the minutes on the election results. The minutes shall be signed by the chairman and other members of the committee and by its registrar.  Reasons for a refusal to sign shall be noted.
(3) The minutes of the district election committee shall state
a) the number of persons registered in the lists of electors,
b) the number of electors who obtained envelopes,
c) the number of deputies elected to a municipal board (local authority) according to individual political parties and independent candidates,
d) the number of municipalities, in which municipal board (local authority) was elected,
e) the number of elected mayors of municipalities (of cities) according to individual political parties and individual candidates.
(4) After signing both counterparts of the minutes on the election results, the chairman shall immediately send one counterpart of the minutes to the Central Election Committee. He/she shall put the other election documents in custody of the District Office.

 

Section 47
Minutes of the Central Election Committee and Publishing of Election Results
(1) The Central Election Committee shall find out the results of the elections to the municipal boards (local authorities) and the results of the elections of mayors of municipalities  (of cities) on the territory of the Slovak Republic.
(2) The Central Election Committee shall issue the minutes on the result of the elections in the Slovak Republic, which shall be signed by the chairman, members of the committee and by its registrar. Reasons for a refusal to sign shall be noted.
(3) The minutes on the election result shall state
a) the number of persons registered on the list of electors in the Slovak Republic,
b) the total number of electors who obtained envelopes,
c) the total number of deputies elected to the municipal boards (local authorities) according to individual political parties and independent candidates,
d) the number of municipalities, in which a municipal board (local authority) was elected,
e) the number of elected mayors of municipalities (of cities) according to individual political parties and independent candidates.
(4) The Central Election Committee shall publish overall results of the elections to municipal boards (local authorities) and of the elections of mayors of municipalities (of cities) immediately after signing the minutes on the election results.
Section 48
New Elections
(1) The chairman of the National Council of the Slovak Republic shall announce new elections if
a) elections under this Act were not held in any municipality for any reason,
b) the Constitutional Court declares the elections invalid or cancels the election result,
c) in the elections of a mayor of a municipality (of a city), the candidates obtained the same number of votes (Section 44 § 4),
d) the mandate in a municipal board (local authority) was vacated and there is no substitute for this position (Section 51 § 1) or if the position of a mayor of a municipality (of a city) was vacated,
e) repealed as of 31 December 1999.
(2) Should there arise a circumstance under Paragraph 1 (a), the chairman of the National Council of the Slovak Republic shall announce new elections within 14 days from publishing of the election results by the Central Election Committee.
(3) The tasks imposed by this Act on a municipality or a mayor of a municipality (of a city) shall be fulfilled, on behalf of a newly established municipality or newly established municipalities, by the municipal board (local authority) of a divided municipality or by municipal boards (local authorities) of joined municipalities.
(4) Municipalities shall submit requests for announcement of new elections to municipalities’ self-government authorities under Paragraph 1 (d) to the chairman of the National Council of the Slovak Republic by means of the Ministry of Interior of the Slovak Republic.
(5) Time limits for new elections shall be determined by the chairman of the National Council of the Slovak Republic in an annex to a decision on announcement of the new elections.
(6) The new elections shall not be announced in the last six months of the term5c) of self-government authorities.1)
Section 49
Certificate of Election
The municipal election committee shall issue a certificate of election to candidates elected as deputies of a municipal board (local authority) and to a candidate elected as a mayor of a municipality (of a city).
Section 50
Repealed as of 16 January 1992

Section 51
Substitutes
(1) Should there be vacated a mandate in a municipal board (local authority), a deputy of a municipal board (local authority) shall be substituted by a candidate who obtained the highest number of votes in the ward, where the mandate was vacated, but was not elected as a deputy. In case of equality of votes, Section 44 §§ 2 and 3 shall apply accordingly.
(2) Appointment of a substitute shall be announced by the municipal board (local authority) within 15 days after vacation of the mandate and it shall provide him/her with a certificate confirming that he/she became a deputy. The certificate shall be signed by the mayor of the municipality (of a city).
(3) repealed as of 28 July 1998.
PART TEN
MEASURES FOR SECURING ELECTIONS

Section 52
Securing Auxiliary Means
(1) All auxiliary means, above all polling stations and their equipment, envelopes and auxiliary staff shall be secured for the precinct election committees by the municipalities, in whose ward they were established.
(2) All auxiliary means for the municipal election committees shall be secured by municipalities.
(3) All auxiliary means for the district election committees shall be secured by the District Office.
Section 53
Cooperation of Public Authorities
Public authorities shall be obliged to cooperate in enforcement of this Act.


Section 54
Securing Processing of Election Results by Information Technology
(1) The programming, organisational and technical preconditions necessary for processing of the election results by information technology shall be secured by statistical authorities of the Slovak Republic.
(2) The Ministry of Interior of the Slovak Republic and other authorities shall be obliged to send in time a written notice to the respective statistical authority of the Slovak Republic about any fact that could affect securing of preconditions for the processing of the election results by information technology.
Title repealed as of 17 March 1993
Section 55
Demands of Election Committee Members
(1) The office of a member of an election committee shall be an honorary office. Due to discharge of his/her office, a member of an election committee must not be limited in exercise of his/her rights and demands resulting from his/her employment or similar labour relation; above all, he/she shall be entitled to a paid holiday, or, in case of a sole trader, he/she shall be entitled to a compensation in the amount of a proportionate part of a minimum wage of an employee rewarded by a monthly wage.
(2) An employer who paid compensation under Paragraph 1 shall be entitled to reimbursement of the paid amount.
(3) The manner of reimbursement or compensation under Paragraphs 1 and 2 shall be determined by a generally binding legal regulation issued by the Ministry of Finance of the Slovak Republic upon agreement with the Ministry of Interior of the Slovak Republic.
(4) A member of the municipal election committee and the precinct election committee shall be entitled to compensation for discharge of the office at times, when he/she is not entitled to the payment of wage under Paragraph 1. The amount of compensation and the manner of payment shall be regulated by a separate generally binding legal regulation issued by the Ministry of Finance of the Slovak Republic upon agreement of the Ministry of Interior of the Slovak Republic.
Section 56
The fact that somebody is a candidate must not be to the detriment of his/her employment or similar labour relation. 
Section 57
Payment of Election Costs
(1) The cost incurred by the elections to municipal boards (local authorities) and the costs incurred by the elections of mayors of municipalities (of cities) shall be covered from the State budget.
(2) Each political party and each independent candidate shall cover the costs of their electioneering.
Section 57a
Should a municipality or its authorities not fulfil the tasks under Section 9 §§ 1 and 3, Section 10 § 2, Section 11a § 2 (c) and (d), Section 14 §§ 2 and 3, Section 14a § 3, Section 15 §§ 2 and 3, Section 16 § 9 last sentence, Section 20 § 5, Section 24 § 3, Section 52 §§ 1 and 2, their fulfilment shall be immediately secured by the head of the District Office,


PART ELEVENT
FINAL PROVISIONS

Section 58
Repealed as of 28 July 1998

Section 59
The measures taken by the respective State administration authorities in order to prepare enforcement of this Act before announcement of the elections shall be deemed as measures taken during the Act’s effectiveness, unless they are contrary to law.
Title repealed as of 17 March 1993
Section 60
Sanctions
Obstruction of preparation and course of the elections to municipalities’ self-government authorities shall be prosecuted pursuant to separate regulations.6)
Section 61
(1) The Ministry of Interior of the Slovak Republic shall
a) regulate details concerning the tasks of municipalities and the local State administration authorities at
1. establishment of the election precincts,
2. drawing up of the lists of electors,
3. securing and equipping the polling stations,
4. custody of ballot papers and other election documents;
b) issue specimen of ballot papers, list of electors, certificate of election and specimen of other election documents;
c) regulate details concerning organisation of work and cooperation between the election committees and professional reporting units no later than 50 days before the election and upon agreement with the Statistical Office of the Slovak Republic;
d) determine essentials of proposals of municipalities for announcement of new elections.
(2) Upon agreement with the Ministry of Interior of the Slovak Republic, the Statistical Office of the Slovak Republic shall publish a methodology of the processing of the election results.
Section 62
Repealing Provision
The Act of the National Council of the Slovak Republic No. 56/1971 Coll. on Election to People’s Councils in the Slovak Socialist Republic shall be repealed.

Section 63
Effectiveness
This Act shall become effective upon its promulgation.
Act No. 401/1990 Coll. became effective on 1 October 1990.
Act No. 8/1992 Coll. became effective on 16 January 1992.
Act No. 60/1993 Coll. became effective on 17 March 1993.
Act No. 252/1994 Coll. became effective on 19 September 1994.
Act No. 222/1996 Coll. became effective on 24 July 1996.
Act No. 233/1998 Coll. became effective on 28 July 1998.
Finding No. 318/1998 Coll. became effective on 23 October 1998.
Act No. 331/1998 Coll. became effective on 5 November 1998.
Act No. 389/1999 Coll. became effective on 31 December 1999.
Act No. 302/2000 Coll. became effective on 4 October 2000.
Act No. 36/2002 Coll. became effective on 1 March 2002.
Act No. 515/2003 Coll. became effective on 1 January 2004.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Art. 1
(Introduced by the Act No. 401/1990 Coll.)

Provisions of the Act of the National Council of the Slovak Republic No. 346/1990 Coll. on Elections to Municipalities’ Self-Government Authorities shall apply to holding of the elections to self-government authorities of the Košice city and city boroughs in 1990 with the following amendments:

1. The time limit under Section 9 § 3 shall be shortened to 55 days.
2. The time limit under Section 14 § 1 shall be shortened to 50 days.
3. The time limit under Section 16 § 3 shall be shortened to 45 days.
4. The time limit under Section 17 § 3 shall be shortened to 40 days.
5. The time limit under Section 21 §§ 1 and 2 shall be shortened to 45 days.
6. The time limit under Section 22 § 2 shall be shortened to 40 days.

 

 

ANNEX
The minimum number of signatures of electors supporting candidature of independent candidates in the elections to municipal board (local authority) and in the elections of a mayor of a municipality (of a city)

Number of Citizens Number of Signatures on Petition
up to 50 10
51 - 100 20
101 - 500 40
501 - 2 000 100
2 001 - 20 000 200
20 001 - 100 000 400
over 100 000 600