The Code of Electoral Procedure for the Academic Senate of the Second Faculty of Medicine of Charles University

Validity: 23 June 2017
Effective from: 23 June 2017 (continues)

 

THE CODE OF ELECTORAL PROCEDURE FOR THE ACADEMIC SENATE OF THE SECOND FACULTY OF MEDICINE OF CHARLES UNIVERSITY

Under section 27 (1) (b) of Act No. 111/1998 Sb., to regulate higher education institutions and to change and amend other laws (“the Higher Education Act”), as amended, the Academic Senate of the Second Faculty of Medicine has adopted the following Code of Electoral Procedure for the Academic Senate of  the Second Faculty of Medicine of Charles University (“the Code”) as its internal regulation:

Part I

Elections to the Academic Senate of the Faculty

Article 1

Date of the Elections

  1. The Academic Senate of the Second Faculty of Medicine of Charles University (“the Senate”) calls an election and sets the first round no earlier than 30 days after the calling of the election; the second round of the election must be held 15 days before the end of the term of office of Senators at the latest.* 
  2. The Senate sets the venue and time of the elections in accordance with the internal regulation of Charles University (“the University”).[2]

Article 2

Election Committee

  1. The Senate establishes an Election Committee when it calls elections. The Committee consists of at least three students and three members of the academic staff. The Committee elects a chairperson from its members.
  2. Membership in the Election Committee is incompatible with running as candidate in the election.
  3. The Dean’s Office provides the Election Committee with organisational and administrative support which consists mainly of preparation of the list of members of the Academic Community and ballot papers.
  4. The Election Committee terminates its activities 14 days after the publishing of the election results report; the Election Committee may not terminate its activities before all objections to the course of the election have been ruled on.

Article 3

Preparation of Elections

  1. The Senate sets the number and composition of communities from which members of the student chamber are elected when it calls elections.
  2. The Election Committee marks on the ballot papers those members of the Academic Community who may not hold the office of the Senate member due to the incompatibility of offices.[3] The names of the members of the Election Committee are not printed on the ballot papers.

Article 4

Course of Elections

  1. The first and second rounds of the election are on the dates set by the Senate. Election campaigning may not be done on election days.
  2. A student enrolled in the Faculty (“the student”) may vote for candidates to the student chamber. A member of academic staff assigned to the Faculty (“academic staff member”) may vote for candidates to the academic staff chamber. Members of the Academic Community must vote in person.

3.    The first round of election to both chambers is carried out electronically unless the Senate provides otherwise. A voter proves his identity and votes upon logging into the election system; its internet address is published in the publicly accessible section of the Faculty website.

4.    In the second round the voter proves his identity to the Election Committee and then receives a ballot paper according to the chamber for which he is voting. In the polling station or other places reserved for elections, there must be a possibility to mark the ballot papers so that a secret ballot is preserved. If the Senate decides that the first round will not be carried out electronically, this provision applies to the first round by analogy.

5.    Each voter may vote and be elected only in one chamber. If a member of the Academic Community is eligible to vote or to be elected to both chambers under paragraph (2), the Election Committee sets the deadline by which the member must choose one of the chambers. Should he fail to do so within the given time, he will be placed in the academic staff chamber.

  1. Should a voter mark on the ballot paper more candidates than is permissible in the given round of the election or should there be any uncertainty with respect to the marking, the vote is invalid.

Article 5

Method of Election in the Student Chamber

  1. All students are deemed to be candidates in the first round of the election.
  2. In the first round of the election, the voter gives one vote to at least two candidates from his community and then he distributes up to ten votes among all other candidates regardless of the communities they belong to. The voter may give each candidate not more than one vote. Should the voter fail to give one vote to at least two candidates from his community, his vote is invalid.
  3. Four candidates from each community who receive the highest number of votes proceed to the second round. If there is an equal number of votes for the relevant position, all candidates who received the same number of votes proceed. The following ten candidates who received the highest number of votes, and all the candidates who received the same number of votes as the candidate in tenth position, also proceed to the second round.
  4. The Chairperson of the Election Committee sets a reasonable deadline by which candidates proceeding to the second round of the election express approval of their candidacy. Should the candidate fail to express his approval by the deadline, he is deemed to have expressed his disapproval.
  5. In the second round of the election the voter gives one vote to at least two candidates from his community and then he distributes up to ten votes among all other candidates regardless of the communities they belong to. The voter may give each candidate not more than one vote. Should the voter fail to give one vote to at least two candidates from his community, his vote is invalid.
  6. If there are fewer than two candidates in the community in the second round of the election, the voter may give, in his community, as many votes as there are candidates in the community, and then up to ten votes to other candidates regardless of their communities.
  7. Subsequently, the Election Committee draws up a list of the candidates according to the number of votes received. If two or more candidates have an equal number of votes, the Committee decides the succession according to their results in the first round. If this is not possible, the Committee decides the succession by drawing lots.
  8. The Candidate who received the highest number of votes in the given community acquires the mandate. The remaining mandates are given to candidates according to their place in the list under paragraph (7) regardless of the community they belong to.
  9. The remaining candidates become alternate members according to their place in the list.

Article 6

Method of Election in the Academic Staff Chamber

  1. All academic staff members are deemed to be candidates in the first round of the election.
  2. In the first round of the election, the voter distributes up to 12 votes among the candidates who are running in the academic staff chamber. Each candidate may be given not more than one vote.
  3. The 24 candidates who receive the highest number of votes and all the candidates who received the same number of votes as the candidate in 24th position proceed to the second round.
  4. The Chairperson of the Election Committee sets a reasonable deadline by which candidates proceeding to the second round of the election must express approval of their candidacy. Should the candidate fail to express his approval by the deadline, he is deemed to have expressed his disapproval.
  5. In the second round of the election, the voter distributes up to 12 votes among the candidates who proceeded to the second round. Each candidate may be given not more than one vote.
  6. Subsequently, the Election Committee draws up a list of the candidates according to the number of votes received. If two or more candidates have an equal number of votes, the Committee decides the succession according to their results in the first round. If this is not possible, the Committee decides the succession by drawing lots.
  7. Mandates are given to candidates according to their place in the list.
  8. The remaining candidates become alternate members according to their place in the list.

Article 7

Report on Election Results

  1. The Election Committee prepares a report on the election results which provides:
    1. the date on which the report was made;
    2. the date of the elections;
    3. the number of eligible voters according to chambers or communities;
    4. the number of voters who participated in the elections according to chambers or communities;
    5. the number of valid and invalid ballots in individual chambers or communities;
    6. the number of valid votes which individual candidates received in the first round;
    7. the number of valid votes which individual candidates received in the second round;
    8. the list and succession of candidates marking the cases where the succession was decided by drawing lots;
    9. the list of elected candidates according to chambers or communities;
    10. the list of members of the relevant Election Committee;
    11. objections to the course of elections received by the Election Committee during the elections providing the name of the objector, or similar facts which the Election Committee found out in the execution of its duties;
    12. the signature of the Chairperson of the Election Committee and at least one other member of the Committee.
  2. The report on election results is signed by the President of the Senate and published in the publicly accessible section of the Faculty website without undue delay.

Article 8

Re-run Elections

  1. If, in the course of its activities or upon an application, the Election Committee discovers a fact that may have affected the result of elections, the Committee mentions such discovery and an account of the fact in the report on the election results.
  2. Any member of the Academic Community may file written objections to the course of elections with the Election Committee within seven days of publishing the report on the election results. The Election Committee rules on the objections without undue delay and provides their subject matter together with the decision of the Committee in an appendix to the report on the election results.  
  3. If, on the basis of its own findings or an application under paragraphs (1) or (2), the Election Committee makes a resolution that there was a mistake or a violation of the due course of election or internal regulations which may have affected the result of the election, the Committee decides to repeat one or both rounds of the election in one or both chambers.  
  4. The President of the Senate usually sets the date of the election re-run in such manner that all elected members of the Senate may assume their mandates at the same time.
  5. The provisions on elections apply to re-run elections with the necessary modifications.

Article 9

Cessation of Membership in the Senate

  1. Membership in the Senate terminates:
    1. upon expiry of the term of office;
    2. on the day on which a written statement in which the member resigns his membership in the Senate is delivered to the President of the Senate;
    3. along with the termination of membership in a respective academic community into whose chamber the given person was elected;
    4. on the day following the date of a Senate resolution to deprive the member of his mandate.
  2. A member of the Senate may be removed from office by a Senate resolution if he was absent three times from Senate meetings without an excuse. The member of the Senate who is to be deprived of his mandate for this reason must be specially invited in writing to a debate of this issue.

Article 10

Vacancy in the Senate

  1. If a Senator ceases to be a member in the Senate, the President of the Senate calls an alternate member in the given chamber to become a member of the Senate. If the first alternate member refuses the call, the President invites other alternate members in the given chamber according to their place in the list of alternate members. An alternate member who refuses a call remains an alternate member. 
  2. If a community is no longer represented due to a termination of membership in the Senate, the President firstly calls an alternate member who is a member of the given community. If all alternate members from the given community refuse their calls, the President calls alternate members according to the list regardless of their membership in a community.
  3. The alternate member assumes the office of a Senator until the end of the term of office of the Senator whom he substituted.
  4. A member of the Senate who was elected as a student and who has duly completed a Bachelor's programme of study and applied for enrolment into the subsequent Master’s programme of study at the faculty, or who has duly completed the Master's programme of study and applied for enrolment in a doctoral study program at the faculty, may declare in writing that he intends to remain an alternate member. The statement must be delivered to the President of the Senate within 7 days of the date of completion of study. In such case the first alternate member in the list will be called to the Senate only after the enrolment of such applicant for study, or the next alternate member in the list will be called to the Senate after the legal effect of a decision on non-admission of the applicant to the study, however, no later than four months after the date of delivery of the statement; if the applicant is not admitted to study within said period of time, he will cease to be an alternate member.[4]
  5. If no alternate member accepts his call or there is no alternate member, the Senate calls by-elections. By-elections do not need to be called if there are fewer than six months left until the end of the term of office of the Senate. Provisions on elections apply to by-elections with the necessary modifications.

 PART II

Transitional and Final Provisions

Article 11

Transitional Provisions

Elections called prior to the effective date of this Code are governed by the previous internal regulation of the Faculty.                                                                           

Article 12

Final Provisions

  1. With the exception of Parts I, III and IV, the Code of Electoral Procedure for and the Code of Procedure of the Academic Senate of the Second Faculty of Medicine of Charles University approved by the Academic Senate of Charles University on 10 October 2008 is hereby repealed.
  2. This Code comes into force on the date of its approval by the Academic Senate of the University. [5]

3.    This Code becomes effective on the date of its approval by the Academic Senate of the University.

 

The Academic Senate of the Faculty approved this Code on ………………………………

The Academic Senate of the University approved this Code on ……………………………

 

            Doc. MUDr. Ondřej Hrušák, Ph.D.                       Prof. MUDr. Vladimír Komárek, CSc.
           President of the Academic Senate                                                   Dean
      of the Second Faculty of Medicine of CU                of the Second Faculty of Medicine of CU

                                            PhDr. Tomáš Nigrin, Ph.D.
                                  President of the Academic Senate of CU

 

* Translator’s note: Words importing the masculine include the feminine, and unless the context otherwise requires, words in the singular include the plural and words in the plural include the singular.

[2] Article 2 (3) of the Code of Electoral Procedure for the Academic Senate of Charles University.

[3] Article 6 (3) of the Constitution of the Second Faculty of Medicine.

[4] Article 14 (2) of the Code of Electoral Procedure for the Academic Senate of Charles University.

[5]S. 9 (1) (b) of the Higher Education Act.

Published: 3. 8. 2017 / Last update: 26. 9. 2019 / Responsible person: Mgr. Petr Andreas, Ph.D.