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Presidential election 2008

How the process works: Voting could involve unprecedented secrecy

February 6th, 2008 issue

By Ondřej Bouda

Staff Writer
The lengthy and complicated process of electing a new president of the Czech Republic has been in place since the Constitution’s 1992 adoption, but was only fully exercised during the first contested presidential election in 2003. Considering the way this year is shaping up between President Václav Klaus and challenger Jan Švejnar, the full extent of the three-round electoral proceedings could well get another workout.  
Article 58 of the Constitution states that in order to win the first round the candidate must have the majority of all possible votes in the two chambers of Parliament, which vote separately. This means winning 101 votes out of a possible 200 in the Chamber of Deputies, and 41 out of 81 in the Senate.
If there is no winner, the two leading candidates from each house advance to the second round. To win at this stage, a candidate must receive the majority of votes of members present in each chamber, which again vote separately.
If there is still no winner, the process moves to the third round. In order to win at this point, a candidate must obtain the majority of votes of total members present in both houses, which now vote together. That means 141 votes out of 281 provided that all members are in attendance.
The Constitution allows for a period of up to 14 days between each round, but traditionally they all take place in one day. If no one wins during the three rounds, the whole election process is repeated until a winner emerges.
During the last election in 2003, it took three full elections for Klaus to claim victory. In the first election, he beat off three other candidates, including the then head of Senate Petr Pithart, but failed to secure the required number of votes. In the first round of the second election, Klaus had to fight off arch rival Miloš Zeman, which he did with surprising ease. In his ensuing duel against Senator Jaroslava Moserová, he strengthened his position but failed to win yet again. Only in the third election, in which the government coalition fielded Jan Sokol against him, did Klaus finally win. He received 142 votes out of 281 while Sokol had only 124.
Klaus’ victory — after about a month of voting — was not entirely unexpected, but still somewhat surprising. He was the opposition candidate and mathematically should have lost. In the end, he received votes from all parties including the Communists and Social Democrats (ČSSD).
This time around, Klaus is the favorite and expected to win. But, as in 2003, the governing coalition is not united behind a single candidate. If it were, Klaus would theoretically win the first round of the first election because the current coalition of Civic Democrats (ODS), Christian Democrats (KDU-ČSL) and Greens would total the required 141 votes. However, the Greens are backing Švejnar, and a Jan. 4 Mladá fronta Dnes poll indicates a tighter race, with Klaus able to count on 126 supporters, while Švejnar has 102 (a total of 30 deputies and senators from all parties declined to comment, and 23 Communists said they do not wish to vote for either candidate).
Under wraps
It is as yet unclear if the 2008 vote will be secret or public. Traditionally the ballot has been secret, but the decision regarding this year’s proceedings will be made at the start of voting procedures. However, it seems that a majority supports a secret ballot. A joint election commission of the two chambers of the Parliament agreed that in order to ensure a secret ballot, each MP should enter the voting room alone. This unprecedented level of secrecy would mean that the voting procedures could take much longer than usual, with the third round not ending until late Friday evening.
Švejnar is the candidate who stands to gain votes in a secret ballot. Despite orders from party leadership, several MPs from the ODS and the KDU-ČSL do not wish to vote for Klaus, according to the poll.
In terms of the possibility of a stalemate inherent in such an electoral process, such deadlocks could be avoided if the president were chosen directly by the people. Calls for a direct election have been heard since 2003 but the proposal never made it onto the floor of Parliament. Both camps appear highly confident before the election and refuse to contemplate the possibility of failure. However, if this year’s election proves as difficult as the last one, it is possible that the Constitution could get an overhaul to ensure a smoother process in the future.
Ondřej Bouda can be reached at news@praguepost.com


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