Information about referendums
I am a citizen of non-European union country. Can I vote in a referendum?
No. The right to vote in referendums is linked to the right to vote in elections. No Czech elections provide the right for third country citizens, therefore no referendum does either.
I am a citizen of another EU Member State. Can I vote in a referendum?
Yes, but only in the municipal referendum. The right to participate stems from the right to vote in the municipal assembly elections.
Apart from the local referendums, regional and nation-wide referendums could be held but only Czech citizens are permitted to vote in them.
What can be voted on in a municipal referendum?
All matters of self-government can be subject to a vote, with the exceptions being:
municipal budget and fees (i. e. dog fees, municipal waste management fees),
forming and dissolving of municipal bodies and their organisation (i. e. the departments of the municipal office),
voting on the matter of electing or dismissing the mayor, deputy mayor, municipal board members or other assembly members both elected and appointed (the referendum must not substitute the elections),
when a referendum question is or a decision reached in such referendum could be conflicting the existing legislation (the referendum result can only be promoted in lawful ways),
when a referendum topic is being decided in a proceeding set by a special law (the vote may still be permitted as a consultation, see below),
concluding of a public law contract on the exercise of delegated competence (on matters of which the state administration exercise has been entrusted by law to a local authority),
adopting, amending or repealing of generally binding ordinances of the municipality (no vote can be held on a precise text of these ordinances),
holding a vote on a proposal submitted less than 24 months after a valid vote in a municipal referendum on the same matter.
If a vote is held on a matter not decided directly by the municipality, it is considered a consultative vote. The result is seen as the expression of preference. The municipal bodies are then merely obligated to act accordingly and to attempt to impact the decision-making process (i. e. by filing suggestions, complaints to state or regional bodies).
How can a municipal referendum be called?
Act on Municipal Referendum provides for two options. A municipal assembly or an assembly of a city district can voluntarily decide to call a referendum upon approval of a majority of all assembly members. It is obligated to call a referendum when a preparation committee submits a flawless proposal for holding a referendum.
Most often, referendums are held within the entire town (city) or a city district (only in Prague, Brno, Ostrava, Plzeň, Ústí nad Labem, Pardubice and in parts of Opava and Liberec). Only in special circumstances can it take place in a different section of the town. This can happen when
a part of the town with more than 1,000 inhabitants that also borders 2 other towns or at least 1 town and a different country considers breaking away from the town and becoming its own municipality (the same population and borders rules must also be met by the remaining part of the town),
a city district of Prague with more than 500 inhabitants that also borders 1 other town considers breaking away from Prague and becoming its own municipality,
an assembly of a statutory city decides on creating, abolishing or merging a city district and a preparation committee submits a proposal for a referendum within 30 days.
When does the municipal referendum take place?
The vote is usually held within 90 days after being called, though the municipal assembly might opt for a later date. When it calls a referendum on its own (without a preparation committee proposal) it cannot set the referendum to be held during the future term.
The referendum is held over one day with the day and the specific hours chosen by the assembly unless it is merged with elections. In the latter case it is held on Friday from 2pm to 10pm and on Saturday from 8am to 2pm, or on Saturday from 7am to 10pm in case of one-day elections.
Can I be a part of the preparation committee?
Yes, any person with a right to vote in a referendum might take part in the preparation committee. It must comprise of at least 3 people. The committee collects signatures in the area in which it wishes for a referendum to be held. Its proposal can be submitted when it is signed by
30% of eligible voters where the population is no more than 3,000 people,
20% of eligible voters where the population is no more than 20,000 people,
10% of eligible voters where the population is no more than 200,000 people,
6% of eligible voters where the population is at least 200,000 people.
How can I vote in a referendum?
A voter may be anyone who meets the requirements for voting in municipal assembly elections, which are:
being a citizen of an EU Member State,
being at least 18 years of age on at least the second day of the referendum,
having residence in the Czech Republic on the referendum day (having a permanent residence permit or certificate of temporary residence / registration certificate),
having residence in the municipality in which he/she intends to vote.
If you meet all conditions, you can apply for registration in the voter list (specifically in its annex) at the municipal office in your place of residence. In municipalities that are divided into city districts (Prague, Brno, Ostrava, Plzeň, Ústí nad Labem, Pardubice, Opava and Liberec), you can apply at the city district office.
If you failed to apply prior to the referendum, you still retain the right to vote. On referendum day, upon arrival at the polling station, you prove the referendum commission that you are eligible to vote. They might check with the municipal authority. Upon confirmation it writes your identification into the annex and lets you vote.
Although a person may be an eligible voter and be registered to vote, some facts may prevent him or her from voting. The following are legal impediments:
statutory restriction of personal liberty due to detention or imprisonment,
restriction of the right to exercise the right to vote (a court has explicitly ruled that you are not able to vote),
statutory restriction on personal liberty for reasons of public health protection (you are, for example, in quarantine or in the infectious disease department of a hospital at the time of the referendum).
How does the voting take place?
Similarly to the municipal assembly elections, voters cast their vote through putting a cross in a box. Every referendum question must be possible to answer either “Yes” or “No”. A voter marks a box related to his/hers desired response with an “X” or “+” cross. Not marking either box is an abstention. Marking both boxes leads to an invalid vote. Unlike in elections, the ballots are not distributed to households prior to the referendum. The law does not include such requirement for it could prove a costly burden on small municipalities that wish to hold a referendum. Voters receive the ballot, as well as the voting envelope, at a polling station.
Although every eligible voter can be a member of referendum commissions, the knowledge of Czech language is essential in such role.
Is the referendum result binding?
When the conditions set by law are met, the result binds all the municipal bodies (i. e. the assembly, the board) to promote the result as they exercise the self-government. They can use any tool provided to them by existing legislation.
For a referendum to be valid, the turnout must reach 35%. You are counted as present for the vote when you receive the ballot and voting envelope from the referendum commission, regardless of whether you actually vote validly in the booth afterwards.
A question is answered in a binding way if the referendum is valid and both of the following conditions are met. The winning response (YES/NO) must be supported by
an absolute majority of those who turned out to vote,
at least 25% of all eligible voters.
Voters are also allowed to cast a blank ballot which is considered valid.
Can I question the legality of the referendum process?
Yes, the protection is provided by administrative courts (regional courts in the first instance and the Supreme Administrative Court in case of a cassation complaint).
Prior to the referendum, the preparation committee might submit a petition in order for the court to
determine that the committee’s proposal is not deficient (when the municipal office pointed out mistakes and refused to validate the proposal); such petition must be submitted within 10 days after being notified of the deficiencies,
call a referendum (when the municipal assembly did not call it despite being obligated to); such petition must be submitted within 20 days of the assembly meeting.
After the referendum, any eligible voter, as well as the preparation committee, might submit a petition in order for the court to
invalidate the voting (in case of unlawful conduct that could have impacted the referendum result),
invalidate the decision taken (in case the holding of a referendum itself was unlawful).
Petitions questioning the referendum already held must be submitted within 10 days of publication of its results.
All aforementioned petitions must be submitted no later than at 4pm on the last day of the time limit (even if the last day falls on a weekend or a bank holiday). Failure to meet the time limit cannot be excused.