First instance body dealing with electoral disputes

? 66 Protection inthe case presidential election

(1) An application for annulment of the presidential election result may seek may file beforethe courts under other legislation ¹² )every citizen registered in the permanent list, a special listmaintained by the embassy, ??suggesting MPs, senators proposing or suggestingcitizen (hereinafter 'petitioner'). Theproposal must be submitted no later than seven days after the publication ofthe overall results of the elections of the President of the State ElectoralCommission.

(2)The application for annulment of the presidential election may be made ??bythe petitioner, if he considers it a breach of the provisions of the Act in away that could affect the outcome of the presidential election.

? 68 Jurisdictionof the courts

The proceedings under ? 65 and 66 is by the Supreme Administrative Court. The proceedings under ? 67 of thecompetent Municipal Court in Prague.

Regulation No. 275/2012Coll. Law on the election of the President of the Czech Republic and amendmentsof certain laws

http://www.zakonyprolidi.cz/cs/2012-275#p65

?A registered voter canfile a motion with the SupremeAdministrative Court to declare the election invalid. The motion must befiled within seven days of the announcement of the final election results bythe SEC. The plaintiff must demonstrate that the law has been breached in a waythat might have affected the election results and the court will assess whetherthe violation had a direct and real impact on the results. The court is to issue itsdecision within 20 days after the petition was submitted.

OSCE/ ODIHR Election Assessment Mission FinalReport The Czech Republic Presidential Election 11-12 January, 2013 (Warsaw 30April 2013) 

http://www.osce.org/odihr/elections/101126

Invalidity of elections andvoting

 Article 90 (1) Under conditions provided for by special laws20) 20) a citizen,political party or independent candidate or association of independentcandidates and association of political parties and political movements andindependent candidates may by a petition seek a court decision on theinvalidity of elections, or invalidity of voting, or the invalidity of the votefor a candidate.

(2) The parties are thepetitioner, the respective electoral body and the person whose vote is beingcontested.

(3) The court shall decideby a resolution within twenty days after the petition has reached the court.Proceedings need not be ordered.

ActNo. 150/2002 Coll.,?Code of Administrative Justice of the Czech REPUBLIC as amendedby Act. No. 192/2003 Coll., Act. No. 22/2004 Coll., Act No. 235/2004Coll., with effect from May 1, 2004

http://www.nssoud.cz/docs/caj2002.pdf

*Within the Act of Law on elections of members of Parliament, in Article 90, Articles 200m and 200n from the Act No. 99/1963 Coll. the Rules of Civil Procedure are included, in order to account for Election related proceedings in the Rules of Civil Procedure. Hence, these two articles become integrative part of the Act of Law No. 247/1995 Coll. of September 27th, 1995, on elections to the Parliament of the Czech Republic under Article 90.