Everything you want to know about the presidential election

What laws underpin the presidential election

Presidential elections represent one of the most important moments in the Czech political system. The President of the Republic is the highest constitutional official and his election is regulated by detailed legislation. Since 2012, elections have been held by direct popular vote on the basis of the Act on the Election of the President of the Republic. This has fundamentally changed the way in which the head of state is determined and has also brought new obligations for citizens, candidates and state authorities. The electoral process is now a combination of constitutional principles, statutory provisions and practical rules defined by an implementing decree.

The basic legal provision is the aforementioned Law on the Election of the President of the Republic, which sets out in detail the conditions for the election of the President. This law defines that the President is elected by direct election, by secret ballot and on the basis of universal, equal and direct suffrage. The term of office of the President is five years and the same person may be elected no more than twice in succession.

The implementing decree then sets out the details – for example, specimens of ballot papers, nomination lists and records of the conduct and result of the vote. This decree also regulates the handling, archiving and disposal of electoral documentation after the statutory deadline. These details ensure that the electoral process is not only constitutionally enshrined but also practically implementable and auditable.

This legal framework ensures the legitimacy of the elections, the protection of the electorate’s vote and the fairness of the process.

When are the presidential elections and who calls them

The question “when is the presidential election” is one of the most frequent questions from the public. The law clearly stipulates that the election is announced by the President of the Senate of the Parliament of the Czech Republic and that it takes place no later than 90 days before the expiry of the term of office of the incumbent President.

Should the office of the President cease to exist in any other way (e.g. by abdication or death), the President of the Senate is obliged to announce the election within 10 days and the election must take place within 90 days of the announcement.

This mechanism ensures continuity of the presidency and minimizes the possibility of a constitutional crisis. In practice, this means that citizens always know when the presidential election will take place – either regularly after five years or earlier if there is an emergency.

The President of the Senate also sets the exact days of the vote. As a rule, voting takes place on Fridays from 14:00 to 22:00 and on Saturdays from 8:00 to 14:00, which corresponds to the regulation in the decree.

Citizens abroad may vote at the embassies.

Who can run for President

The conditions for running for the presidency are clearly defined by law. A candidate must be a citizen of the Czech Republic, fully capable of exercising his/her legal capacity and at least 40 years of age. Candidacy can be submitted either on the basis of a petition signed by at least 50 000 citizens or through the support of at least 20 MPs or 10 senators.

A petition of candidates with signatures of citizens is not just a formality. The signature must be legible and include the voter’s name, surname, address and date of birth. The Ministry of the Interior then checks a sample of signatures and assesses their validity. If a large number of invalid entries are found, a candidate may have part of the signatures deducted and, in extreme cases, may be rejected. This process ensures that only those who have genuine public support run.

Candidate lists are accepted by the Ministry of the Interior, which decides on their registration. If a list is rejected, an appeal can be made to the Supreme Administrative Court. Once registration is complete, the State Election Commission draws lots for the candidate numbers that appear on the ballot papers. This process is important because the order of the candidates on the ballot has a psychological impact on voters and its transparent setting is one of the pillars of fair competition.

How voting works

The voting itself is also strictly regulated. The voter presents his/her ID or passport and receives an official envelope and ballot papers. The ballot paper is placed in the envelope and then in the ballot box. The Decree lays down the exact specimens of the ballot papers and the records of the voting process.

If a voter is unable to vote in person, he or she may request a portable box, which the precinct commission will deliver to his or her home. Special arrangements also exist for voters abroad who vote at embassies.

Voting is secret – the polling station is equipped with barriers and checks are carried out by precinct commissions. Transparency is also ensured by the commission’s minutes and the possibility of checks by the Czech Statistical Office.

Who counts the votes and who supervises everything

As soon as the polling stations close, the counting of votes begins. Each precinct compiles its results and draws up a report which it passes on. The Czech Statistical Office then compiles all the data and publishes interim and final results. The Ministry of the Interior then officially announces the winners. The presence of precinct commissions composed of representatives of different political parties and the multi-level control makes the process as transparent as possible and minimises the possibility of errors or manipulation.

The presidential election is one of the most attractive elections for voters. In the second round in 2023, turnout reached 70.25%, one of the highest ever.

Results, review and re-run of elections

If no candidate obtains a majority, a second round shall be held between the two most successful candidates.

Voters or candidates have the right to petition the Supreme Administrative Court to annul the election or the vote. In the event of a violation of constitutional rights, a constitutional complaint may also be filed. If the court finds a serious violation of the law, it may decide to repeat the election in a specific district or even nationwide. These guarantees protect the fairness of elections and strengthen citizens’ confidence in the democratic process.

The decree then regulates how long election documentation is kept and when it can be shredded. For example, used ballot papers or official envelopes must not be shredded immediately, but must wait at least 30 days. This period starts from the moment when the possibility to contest the election in court or to file a constitutional complaint expires. Only when it is certain that the result will not be reviewed can they be destroyed as a matter of protocol. On the other hand, important documents such as nomination papers, petitions with signatures or minutes of the result of the vote are stored for 10 years. Other less important election documentation is then archived for 5 years.

How did we vote in previous years?

Since 2013, the citizens of the Czech Republic have directly elected the President. Until then, the head of state was elected by Parliament. Direct election has brought not only greater public participation to the Czech political system, but also record turnout and strong social emotions.

The first direct presidential election was held in 2013. Miloš Zeman and Karel Schwarzenberg advanced to the second round. This was the first time ever that the president was not decided by MPs and senators, but by all citizens with the right to vote. Zeman eventually won the second round and became the first directly elected president of the Czech Republic.

The second direct election took place in 2018. The first round took place on 12 and 13 January, and the second on 26 and 27 January. The turnout was high – 61.9% in the first round and even 66.6% in the second, the highest since the 1998 parliamentary elections. The two contestants for the post of head of state were the current President Miloš Zeman and former President of the Academy of Sciences Jiří Drahoš. The difference between them was close: Zeman defended his mandate with 51.37%, while Drahoš won 48.63%.

The last election so far took place in January 2023 and brought a completely new president. In the first round, the contest was very close – retired general Petr Pavel won 35.39% of the vote, while former Prime Minister Andrej Babiš won 35.00%. The second round then became one of the most watched moments in post-Soviet history. Turnout reached 70.25%, one of the highest ever. In the end, Petr Pavel won by a clear margin – 58.32% against 41.67% for Andrej Babiš. He took office on 9 March 2023.

Thus, statistics from recent years show that presidential elections are among the most electorally attractive votes. Thanks to the direct election, they have become a real national issue that significantly influences public debate and people’s interest in politics.

Summary

Presidential elections in the Czech Republic are held every five years and are announced by the President of the Senate at least 90 days before the end of the term of the incumbent head of state. The President is elected by direct suffrage, by secret ballot and on the basis of equal and universal suffrage. A citizen of the Czech Republic over 40 years of age who obtains the support of at least 50 000 signatures of citizens or a group of deputies or senators may stand as a candidate; registration of candidates is assessed by the Ministry of the Interior and disputes are settled by the Supreme Administrative Court. The voting itself usually takes place on Fridays and Saturdays; citizens vote at their place of residence, or with a voter ID card, or through a representative office abroad. Votes are counted by precinct commissions, the Czech Statistical Office oversees the whole process and the results are announced by the Ministry of the Interior. If no one gets a majority in the first round, there is a second round. The results can be challenged in court, and election documentation is kept for a specified period of time – ballot papers can only be shredded after the review periods have expired, key documents are kept for ten years and others for five years.