Voting rights and a local referendum in a small municipality
The municipality of Horní Lhota has 1,150 inhabitants and about 860 registered voters. The council wants to hold a local referendum on leasing municipal land for a solar farm. A petition has been circulating, and the mayor says the result will settle the matter. Tomás, a Peruvian national, has lived in the village for 12 years and holds a permanent residence permit. He is an active volunteer firefighter and wants to vote and run for the municipal council. His neighbour, a German citizen, has lived in the village for three years on a temporary EU residence permit and says she can vote in both the municipal and European Parliament elections. The municipal office is checking the voter list. The mayor asks: who is entitled to vote in the local referendum, can the German neighbour vote in both elections, and what makes the referendum result binding. The petition already has 240 signatures.
1. Is Tomás entitled to vote in the municipal elections and the local referendum? Can he stand for the municipal council?
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Tomás is not entitled to vote in Czech municipal elections. The municipal electorate consists of Czech citizens and citizens of other EU member states who have permanent residence in the municipality; a third-country national with permanent residence does not fall within that electorate. The local referendum uses the same circle of eligible voters, so his permanent residence and 12 years in the village do not create a vote. For the same reason he cannot stand for the municipal council. His community work is relevant to integration and local associations, but it does not substitute for the legal voter status. The municipal office should explain the distinction between permanent residence as an immigration status and EU citizenship as the basis for municipal voting by non-Czech EU nationals.
2. Can the German neighbour vote in the municipal elections and in the European Parliament elections in Czechia?
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The German neighbour is an EU citizen, but that alone does not make her a municipal voter in Czechia. For municipal elections, an EU citizen must meet the Czech-law residence condition, which is permanent residence in the municipality; three years on a temporary EU residence permit is not enough. She therefore cannot vote in the municipal elections or in the local referendum. European Parliament elections follow a different logic: an EU citizen residing in Czechia may register and vote there, but she must choose one member state and must not vote twice in the same election. She can therefore potentially vote in the European Parliament elections in Czechia if the registration conditions are met, while still being unable to vote in the municipal poll. The office should check her registration separately for each election.
3. What must the mayor check about the petition and the binding effect of the referendum?
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The mayor must first check whether the petition meets the statutory support threshold for a local referendum. In a municipality of this size, the requirement is generally at least 30% of eligible voters; with about 860 voters, that is roughly 258 signatures. The petition has 240, so it appears short and the council cannot treat the referendum as duly initiated on that petition alone. Second, even a valid local referendum is binding only if it is valid: participation must reach the statutory quorum, generally 35% of eligible voters. If the quorum is not met, the result is not binding and the council decides within its legal powers. The mayor should also ensure that the question is lawful and sufficiently clear, because a local referendum cannot decide matters reserved to other authorities or violate the law.