OFFENCES AND ADMINISTRATIVE OFFENCES YOU MAY COMMIT WHEN VOTING

#93Offences and administrative offences you may commit when voting

Due to the fact that the Chairman of the National Council of the Slovak Republic, by Decision No.204/2023 Coll., announced the elections to the National Council of the Slovak Republic and set the date of their holding on Saturday 30 September 2023, the elections are held from 07.00 to 22.00, we are listing the offences that can be committed not only by a voter but also by a political party as a candidate.

Therefore, this Saturday, be aware of the following which may qualify as offences and may result in a fine.

What can be considered a misdemeanor or an administrative offence?

According to Act No. 372/1990 on offences, as amended, an offence is a culpable act that violates or threatens the interest of society and is expressly designated as an offence in the Misdemeanours Act or another law.

What, on the other hand, is not a misdemeanor or an administrative offense?

An offence is not an act whereby someone reasonably averts a directly threatened attack on an interest protected by law or averts a danger directly threatening an interest protected by law, if that conduct did not cause a consequence which was likely to be as serious as that which threatened and that danger could not have been eliminated otherwise in the situation.

What offences can you commit at a polling station?

1. you do not deposit unused or incorrectly modified ballot papers in the mailbox provided for that purpose after voting; or
2. You will disobey instructions to maintain order in the polling station so that the voting process is dignified.

For the above violations of Act No. 180/2014 on the conditions for exercising the right to vote, as amended, you may be fined € 33,-by the District Office.

What other offences can you commit?

1. apply for elections to the European Parliament for registration on the electoral roll in another Member State of the European Union and at the same time apply for registration on the electoral roll in the Slovak Republic, or
2. makes a false statement in the affidavit to the list of candidates.

For the above violations of Act No. 180/2014 on the conditions for exercising the right to vote, as amended, you may be fined € 100,-€ by the District Office.

We point out that not only voters as natural individuals can commit offences, but also political parties as candidates, who face several times higher fines for violations than voters.

Administrative offenses that can be committed by political parties, for violation of which the State Commission imposes a fine in the amount of € 30,000 to € 300,000

1. Violation of the moratorium.

The moratorium is that an election campaign cannot be conducted 48 hours before the start of the election  and on election day until the end of voting

2. It will publish the results of the opinion poll by the end of the vote.

This means that polls cannot be published 14 days before election day,  and it is forbidden to publish poll results on election day until voting is closed

Administrative offenses that can be committed by political parties, for violation of which the Ministry of Interior is fined in the amount of € 10,000 to € 100,000

1. Use funds other than those held in a separate payment account;
2. A political party does not have a separate payment account for each campaign;
3. Funds have been deposited into a political party's special account other than by transfer of funds from another account;
4. A political party violates the obligation to keep account statements for more than 5 years,
5. A political party will not provide or deliver to the Ministry the requested information about the election campaign.
6. It fails to deliver the final report to the Ministry after the elections have been conducted;
7. Violates the transparency of the election campaign;
8. Violates the obligation to return a monetary donation that was deposited in cash to a political party's special account within 60 days; 
9. Violates the obligation to deposit funds into a political party's special account within 48 hours before election day;
10. Violates the obligation not to dispose of funds for the election campaign 90 days after the announcement of election results,
11. Violates the obligation to keep records of the use of funds, if funds were withdrawn in cash from a special account.

For this reason, beware of the above actions that meet the facts of an offence or administrative offence so that you are not fined.