Document 12 - Amendment to the Act on Elections to Municipal Councils – RJ
Summary
This bill brings significant changes in the area of elections to municipal councils, which have practical implications for the organization of elections, rules for candidates and the stability of councils.
By-elections are newly introduced, which are held if the number of members of the municipal council falls below 5, but not below half. This mechanism increases the stability of councils, especially in smaller municipalities, and eliminates the possibility of misuse of resignations to trigger new elections.
The law abolishes the possibility of creating constituencies in municipalities, which is intended to prevent electoral engineering and the marginalization of smaller electoral parties. Each municipality will now form one constituency.
The threshold for a candidate to advance on the list of candidates is reduced from 10% to 5%, which increases the chances of individual candidates winning a mandate based on individual electoral success.
In the case of by-elections, the number of seats to be filled will be indicated on the ballot paper and the voter will only be able to vote for as many candidates as are filled. Candidates who do not receive a mandate will become substitutes.
If by-elections do not take place due to a lack of candidates or further resignations, new elections will be called. The costs associated with the preparation of the elections will be covered from the state budget.
The law is set to take effect on 1 January 2026, while the new rules will be applied for the first time during the national elections to municipal councils in autumn 2026.
The law does not have negative impacts on the state budget, the environment, personal data protection or gender equality. On the contrary, it is expected that financial resources will be saved by reducing the number of extraordinary elections and increasing the stability of municipal councils.
The rules for allocating mandates are being modified. The Czech Statistical Office reduces the percentage threshold for the advancement of electoral parties if the condition of at least two advancing parties or an absolute majority of seats is not met. The threshold is gradually reduced by 1% until the conditions are met.
Mandates are allocated on the basis of shares calculated from the votes of the electoral parties. In the event of an equal share, the number of votes is decisive, and if it is the same, the lot decides.
Substitutes take up vacant seats according to the order on the candidate list. If there is no substitute, the mandate remains vacant unless there are reasons for by-elections.
New elections are held if the number of council members falls below half or below 5, or when a new municipality or city district is established. By-elections are held if the number of council members falls below 5, but there are no reasons for new elections.
The number of signatures on petitions for independent candidates and associations of independent candidates varies according to the size of the municipality. For example, municipalities with up to 500 voters need 5% of signatures for independent candidates and 7% for associations of independent candidates, while municipalities with more than 150,000 voters need 0.5% of signatures for independent candidates and 7% for associations.
Expenses related to the by-elections that have not been held are covered by the state. New and by-elections are not held in the last 6 months of the term of office of municipal councils.
Read detailed overview
[1/2] This bill introduces several significant changes in the area of elections to municipal councils, which have practical implications for the organization of elections, rules for candidates and the stability of municipal councils.
The institute of by-elections is newly introduced, which will be held if the number of members of the municipal council falls below 5, but not below half. By-elections will allow the council to be replenished without the need to hold new elections, which should contribute to the stability of councils, especially in smaller municipalities. This mechanism eliminates the possibility of misuse of the resignations of council members to trigger new elections.
The law abolishes the possibility of creating constituencies in municipalities, which is intended to prevent electoral engineering and the marginalization of smaller electoral parties. Each municipality will now form one constituency.
The threshold for a candidate to advance on the list of candidates is reduced from 10% to 5%, which increases the chances of individual candidates winning a mandate based on individual electoral success.
In the case of by-elections, the number of seats to be filled will be indicated on the ballot paper and the voter will only be able to vote for as many candidates as are filled. Candidates who do not receive a mandate will become substitutes.
If by-elections do not take place due to a lack of candidates or further resignations, new elections will be called. The costs associated with the preparation of the elections will be covered from the state budget.
The law is set to take effect on 1 January 2026, while the new rules will be applied for the first time during the national elections to municipal councils in autumn 2026.
The law does not have negative impacts on the state budget, the environment, personal data protection or gender equality. On the contrary, it is expected that financial resources will be saved by reducing the number of extraordinary elections and increasing the stability of municipal councils.
[2/2] This section of the legal document focuses on the rules for elections to municipal councils, the allocation of mandates, the appointment of substitutes, new and by-elections, and petition requirements for candidates. Below are the key points:
The Czech Statistical Office adjusts the percentage threshold for the advancement of electoral parties if the condition of at least two advancing parties or an absolute majority of mandates is not met. The threshold is gradually reduced by 1% until the conditions are met.
Mandates are allocated on the basis of shares calculated from the votes of the electoral parties. In the event of an equal share, the number of votes is decisive, and if it is the same, the lot decides.
Substitutes take up vacant seats according to the order on the candidate list. If there is no substitute, the mandate remains vacant unless there are reasons for by-elections.
New elections are held if the number of council members falls below half or below 5, or when a new municipality or city district is established. By-elections are held if the number of council members falls below 5, but there are no reasons for new elections.
By-elections only fill the missing mandates. Candidate lists may contain a maximum of the number of elected members increased by 2. A candidate cannot be a person who is already in office.
If by-elections do not ensure that at least 5 seats are filled, they will not be held and new elections may be called. The expenses associated with the preparation of the by-elections that have not been held are covered by the state.
In new and by-elections, members of councils are elected only for the remaining part of the term of office.
The number of signatures on petitions for independent candidates and associations of independent candidates varies according to the size of the municipality. For example, municipalities with up to 500 voters need 5% of signatures for independent candidates and 7% for associations of independent candidates, while municipalities with more than 150,000 voters need 0.5% of signatures for independent candidates and 7% for associations.
Practical impacts:
- Electoral parties must monitor the rules for allocating seats and any changes in the order of candidates.
- Municipalities must ensure that new or by-elections are correctly announced in the event of vacancies.
- Independent candidates and associations must ensure a sufficient number of signatures on petitions according to the size of the municipality.
New fees, penalties or savings:
- Expenses related to the unheld by-elections are covered by the state.
Temporary measures:
- New and by-elections are not held in the last 6 months of the term of office of municipal councils.