Название | The Constitution of the Czechoslovak Republic |
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Автор произведения | Vaclav Joachim |
Жанр | Документальная литература |
Серия | |
Издательство | Документальная литература |
Год выпуска | 0 |
isbn | 4064066064211 |
All the candidates who have failed to obtain election at the 1st, 2nd or 3rd scrutiny are “reserves”. That is to say, if a seat becomes vacant, no bye-election takes place, but a “reserve” candidate of the same party as the late member automatically succeeds to his seat. The “reserve” man must have stood as a candidate for the same constituency in which the vacancy occurs and the order of the names on the list of candidates is followed. If no such candidate is available the “reserve” man is taken in the due order from the list of candidates presented for the second scrutiny.
ELECTIONS TO THE SENATE
(Act of Parliament of 29. Feb. 1920. No. 134 in the Code of Laws and Regulations.)
All persons are entitled to vote whose names are duly entered on the Standing List of Voters, and who, at the date of the first publication of the same have attained the age of 26 years.
Eligibility for membership commences at the age of 45 years.
There are 13 constituencies each of which, in general, is composed of two such constituencies as send members to the Chamber of Deputies. The smallest constituency sends up 4 members, the largest (that of Prague) 23.
The franchise rules governing elections to the Chamber of Deputies apply also to the Senatorial elections (see above).
If elections to the two chambers take place within 4 weeks of each other, no person may stand as candidate for both houses. The election of a candidate in defiance of this provision is invalid.
In cases other than that just mentioned, if a deputy be elected senator, or vice versa a senator be elected deputy, he shall take his seat in that chamber to which he was last elected.
THE STANDING LISTS OF VOTERS.
(Act of Parliament of 19. Dec. 1919 No 663 in the Code at Laws and Regulations, supplemented by the Act of 23 Jan. 1920 No. 44.)
Not only parliamentary elections but also all municipal and local elections take place on the basis of the Standing Lists of Voters (for the Senate with the restriction of age-26 years).
All citizens of the Czechoslovak Republic, irrespective of sex, who on the date of the publication of the lists have attained the age of 21 years and have resided in one polling district for the preceding three months and who have not been deprived of the franchise by a judgment of the courts or condemnation for some crime, have their names entered on the Standing List of Voters.
The lists are compiled and carefully kept up-to-date by a local election Committee which is set up for every polling district and is composed of the burgomaster, or a deputy nominated by him, as chairman, together with 4 to 8 assessors. These assessors (or deputy assessors if necessary) are appointed for a term of three years by the political Bureau of Control (a State office). In nominating the members of the Committee (or their deputies should it be necessary to appoint such in the course of the three years) care is taken that as far as possible all political parties shall be equally represented and regard paid to nomination proposals emanating from the political parties themselves.
Communities with less than 5000 inhabitants form a single electoral district and a separate list of voters is drawn up for it. Houses are entered thereon according to the order in which they are numbered in the community, commencing at the lowest number, and then the occupants of each house in alphabetical order.
Communities with more than 5000 inhabitants are divided by the above-mentioned Committee into several electoral districts. Voters have to supply particulars of their surname, Christian name, the date of their birth and their occupation.
The burgomaster has to submit the lists to public scrutiny for a period of eight week days twice in the year commencing on the 15th of June and the 15th of December respectively.
Every person has the right to look through the list, and to make copies and extracts so long as he does not hinder others from exercising the same right.
In communities where the population exceeds 5000 the lists, on the demand of any one citizen and at his cost, must be printed in good time and in sufficient numbers and issued not later than the first day of the term appointed for sending in claims and objections.
During the period in which the lists are on view objections may be presented in writing at the burgomaster’s office. Persons unable to write may make their objections orally. If the objection concerns the inclusion of a name entered on the list, the objection must be at once communicated to the voter affected who is allowed three days in which to file his answer at the burgomaster’s office.
The uttimate decision with regard to objections lies with the Revising Committee attached to the Bureau of Control, the chairman of which is an official of that Bureau while the members are 8 to 12 assessors nominated by the Chairman for 3 years from the ranks of the various political parties. The revised lists are exposed to public scrutiny for 8 days at the end of January and at the end of July.
Against the decisions of the Revising Committee an appeal lies to the Electoral Court [see below].The judgment of this latter Court, however, does not affect the matter at issue unless it be communicated to the burgomaster’s office either officially or by the party affected, at least ten days before the election takes place.
Elections take place—on the basis of the revised lists published at the end of January—between February 1 and July 31: on the basis of the revised lists published at the end of July, between August 1 and January 31.
THE ELECTORAL COURT.
(Act of Parliament of 29. Feb. 1920 No. 123 in the Code of Laws and Regulations.)
The Electoral Court is composed of a president, 12 assessors and the requisite number of permanent officials.
The premier president for the time being of the Supreme Administrative Court acts as president. The permanent officials are appointed by the president and taken from the staff of the Supreme Administrative Court. The assessors are elected by the Chamber of Deputies (the original idea of allowing the Senate to elect a part of the assessors was abandoned, for the small number of the assessors made it impossible properly to apply the principle of proportional representation). All citizens of the Czechoslovak Republic who are versed in law, who have attained the age of 40 years, who have been Czechoslovak citizens for at least ten years and have not lost their right to vote are eligible for this post. Members of the Electoral Court may not become members of parliament nor members of any County Council (Council of a župa).
The Electoral Court is the exclusively competent authority:
1. to decide appeals against the decision of the Revising Committee in accordance with the law dealing with the Standing List of voters.
2. to examine into and confirm the validity of elections of members of the National Assembly and County Councils (Councils of the župy)
3. to decide appeals respecting elections to the National Assembly, County Councils and County Commissions and committees;
4. to decide whether a member of the National Assembly or County Council has forfeited his seat for
a) having lost the right to be elected; b) having lost his membership of the party whose candidate he was and that for some disreputable and