Act LXIV of THE YEAR 1990
on the Election of Local Municipal Government Representatives and Mayors
Chapter I
Suffrage
Article 1
Suffrage shall be general and equal, and voting shall be direct and secret.
(1) Every adult Hungarian citizen who has a permanent place of residence or staying address in Hungary shall have the right to vote and to be elected during municipal government elections. Suffrage shall be extended to non-Hungarian citizens - who are majors according to Hungarian law - who have immigrated to Hungary. (hereafter together referred to as the voter).
(2) Any person who
(a) is under guardianship limiting or excluding his capacity for action;
(b) has been barred by a final legal judgement from participating in public affairs;
(c) is serving a prison sentence;
(d) has been committed in criminal proceedings to compulsory medical treatment shall be disqualified from the franchise.
(3) Voters shall exercise their right to vote of their free will and - with the exceptions provided for in this Act - in their permanent place of residence.
(4) Voters who have registered a staying address beside their permanent place of residence by no later than the day preceding the day of the calling of election, may exercise their right to vote in their staying address by certificate.
Non-Hungarian citizens shall not be entitled to be elected as a member of the municipal governmental assembly (representative henceforth) or mayor.
Chapter II
Registration of Voters
Articles 4 to 7
Annulled
Chapter III
Constituencies and Polling Stations
A settlement with 10 000 or a smaller number of inhabitants - in the small-list election system (Article 42.) - shall comprise one constituency, in which the number of representatives shall be
a) 3 up to 100 inhabitants,
b) 5 up to 600 inhabitants,
c) 7 up to 1 300 inhabitants,
d) 9 up to 3 000 inhabitants,
e) 11 up to 5 000 inhabitants,
f) 13 up to 10 000 inhabitants.
(1) In a settlement with more than 10 000 inhabitants and in the capital districts the representatives shall be elected in the mixed election system (Articles 43 to 45.).
(2) The number of individual constituencies and the compensation list mandates shall be:
a) 10 individual constituencies and 7 list mandates up to 25 000 inhabitants;
b) 14 individual constituencies and 9 list mandates up to 50 000 inhabitants;
c) 15 individual constituencies and 10 list mandates up to 60 000 inhabitants;
d) 16 individual constituencies and 11 list mandates up to 70 000 inhabitants.
(3) The number of representatives elected in individual constituencies shall increase by one for each additional 10 000 inhabitants and those elected on the compensation list shall increase by one for each additional 15 000 inhabitants.
Article 10
Annulled.
(1) Voters shall elect the 66 members of the Budapest capital Assembly directly from a list. In this instance the capital Budapest shall comprise one individual constituency.
(2) With respect to the election of County Assemblies there shall be two constituencies each in every county, one separately for settlements with 10 000 or less inhabitants and one separately for settlements with more than 10 000 inhabitants.
Article 12
Annulled.
Chapter IV
Election Organs
Articles 13 to 22
Annulled.
Chapter V.
The Election Campaign
Articles 23 to 24
Annulled.
Chapter VI.
Nomination
(1) Annulled.
(2) Voters may only propose one candidate or one list per nomination type.
(3) The voter may only accept one settlement small-list, or one individual constituency and one compensation list, one mayoral, and furthermore one County Assembly and one local minority self-government nomination in one constituency, in Budapest the voter may accept one individual constituency, one capital district compensation list, one mayoral, one capital list, one Lord Mayoral, as well as one local minority self-governmental nomination.
(4) Annulled.
(1) Organisations proposing common candidates or common lists shall be deemed single nominating organisations. Should more than one party, social or minority organisation propose a candidate or list, they shall be considered - from the perspective of the election - henceforth to be a single nominating organisation. A minority organisation may not propose a candidate - eligible for a preferential mandate - together with parties or social organisations.
(2) to (5) Annulled.
(1) Anyone who has been proposed by at least 1 % of the voters in the given constituency shall become a small-list, or individual constituency candidate. A nominating organisation, which has collected the proposal of at least 0.3 % of the voters in the settlements of the county, may propose a list in the county constituency.
(2) The mayoral candidate shall be proposed for candidacy
a) by at least 3 % of the voters in settlements with 10 000 inhabitants or less,
b) by 2 % of the voters, but at least 300 voters in settlements with 100 000 inhabitants or less,
c) by 1 % of the voters, but at least 2 000 voters in settlements with more than 100 000 inhabitants.
(3) The Lord Mayoral candidate shall be proposed by 0.5 % of the voters of the capital city.
During the application of paragraphs (1) to (3) a voter shall be a person who is included in the register of voters of the given constituency at the time of its putting on public display.
Article 28
Annulled.
(1) A compensation list may be proposed in a settlement with more than 10 000 inhabitants by a nominating organisation which has proposed candidates in at least one quarter (Appendix No. 3.) of the individual constituencies. The number of candidates shall include:
a) candidates proposed by the given nominating organisation alone;
b) of the common candidates the ratio of candidates belonging to the given nominating organisation, which shall be established according to common candidates, in proportion to the nominating organisations proposing the candidate. Candidate ratio shall not be created from the common candidates on whom the proposal of the common list is based.
(2) During the election of the members of the Capital Assembly a list may be proposed in Budapest by the nominating organisation which has proposed a compensation list in at least six capital districts.
(1) Nominating organisations which
a) have proposed common individual candidates in at least one quarter of the individual constituencies may propose a common compensation list,
b) have proposed in the capital city a common compensation list in at least six capital districts may propose a capital common list,
c) have collected in the county constituency at least as many common proposals as determined by paragraph (1) of Article 27. may propose a county common list.
(2) to (3) Annulled.
(4) The right to propose lists shall not be affected by an announced individual constituency candidate withdrawal.
(5) Annulled.
Chapter VII
Voting
Articles 31 to 41
Annulled.
Chapter VIII
The System of the Election and Determination of the Result
Small List Election
(1) In settlements with 10 000 or less inhabitants the representatives shall be elected on the small-list. In the case there is a smaller number of candidates than the number which may be elected on the basis of Article 8. the election may not be held and by-elections shall be organised.
(2) Voters may cast their votes on a number of candidates on the ballot paper no greater than the possible number of members in the representatives assembly.
(3) Annulled.
(4) Candidates receiving the greatest number of votes according to the possible number of representatives who may be elected (Article 8.) shall become representatives.
(5) In the case of an equality of votes lots shall be drawn to decide which of the candidates receiving an equal number of votes shall receive the mandate.
(6) Should a lesser number of representatives be elected at the election than the law determines then by-elections shall be held to fill the representative mandates which remained vacant.
(7) If the small-list candidate shall also be elected as mayor then s/he shall be struck from the small-list and the candidate receiving the greatest number of votes shall take his or her place.
(8) Annulled.
Mixed Election System
(1) In the capital districts and in settlements with more than 10 000 inhabitants a part of the representatives shall be elected in individual constituencies, and the rest shall receive their mandates off the compensation list.
(2) Voters shall cast their votes on individual constituency candidates using the individual ballot paper.
(1) In the individual constituency the candidate receiving the greatest number of valid votes shall become a representative.
(2) If in the individual constituency the election could not be held because there were no candidates, furthermore if the greatest number of votes was reached by two or more candidates with an equality of votes, by-elections shall be held.
(3) Each of the compensation lists shall receive mandates in proportion to the surplus votes aggregated in the settlement’s individual constituencies. A surplus vote shall be determined in an individual constituency as a vote - cast on a candidate of the nominating organisation - by means of which a mandate was not obtained. In case nominating organisations of common candidates are not in possession of common compensation list and the common candidate has not become a representative, then surplus votes are distributed between the individual lists of the nominating organisations in proportion to the number of nominating organisations putting forward common candidates. The independent compensation list shall receive the whole number part of the calculated vote proportion when distributing surplus votes. If a nominating organisation involved does not possess an individual compensation list, then part of surplus votes falling on the given organisation shall be forfeit.
(1) The list shall receive mandates in proportion to the number of votes - on the basis of the calculation specified in paragraph (4).
(2) Candidates on the compensation list shall receive mandates in the order of their announcement. If a candidate is withdrawn from the list, his or her place shall be taken by the candidate succeeding him or her on the list. If a candidate on a list was elected as mayor or as an individual constituency representative, then s/he shall be stricken off from the list.
(3) In the case of a candidate in Budapest receiving a mandate from both a capital district list and a capital list, then s/he shall declare which mandate s/he shall accept. His or her name shall be stricken off from the list whose mandate s/he did not accept.
(4) The method of calculation shall be:
a) A table shall be compiled, on which a column of numbers shall be created under the name of each list. The first number in the column of numbers shall be the number of votes cast on the given list divided by 1.5, the following numbers a third, a fifth, a seventh, etc. thereof.
b) Mandates shall be distributed by means of this table. The greatest number occurring in the table shall be sought, and the list under which it was found shall receive a mandate. Then the next greatest number shall be sought and the list in the column of which the number can be found - shall be given a mandate. This procedure shall be carried out until every mandate shall be distributed. In the case of the equality of the greatest number occurring in the table, then the list that up to that time has not received a mandate, or has not received as many mandates, and finally the list that was allocated a smaller ordinal number during the drawing lots, shall receive a mandate.
(5) If a compensation list shall receive a greater number of votes than the number of persons appearing on the list, then the mandate shall remain vacant.
Chapter IX
Election of the Members of the Capital Assembly
(1) The 66 members (Article 11.) of the Budapest Capital Assembly shall be elected by voters directly, from lists.
(2) Capital lists shall receive mandates according to the mode of calculation specified in paragraph (4) of Article 45. - in proportion to the votes.
(3) The candidates on the list shall receive mandates in the order of their announcement. The place of a withdrawn candidate shall be taken by the candidate succeeding him or her on the list.
(4) In the case of a list receiving a greater number of votes than the number of candidates contained on that list, then the mandate shall remain vacant.
(5) Annulled.
(6) A list on which the number of votes validly cast did not exceed 4 % of the votes validly cast on capital lists shall not receive a mandate.
Chapter IX/A
Election of the Members of the County Assembly
Article 46/A
(1) The members of the County Assembly shall be elected by the voters - the voters of towns with county jurisdiction exclusive - directly, from a list. The nominating organisation may present two lists in the same county for the election of the members of the County Assemblies, one for settlements with a population of 10 000 or less and one for settlements with a population of more than 10 000. There shall be separate ballot papers for the election of members of the County Assembly in settlements with a population of 10 000 or less, and in settlements with a population of more than 10 000. Appendix 4 shall contain the number of the members of the County Assemblies.
(2) Lists - calculated separately in settlements with a population of 10 000 or less and in settlements with a population of more than 10 000 - shall receive mandates according to paragraph (4) of Article 45 in proportion to the votes cast.
(3) A list on which the number of votes cast did not exceed 4 % of all the votes validly cast in the constituency shall not receive a mandate. This limit shall be reached separately with regard to each of the constituencies.
Chapter X
Election of the Mayor and the Lord Mayor
(1) The mayor and the Lord Mayor shall be elected directly by the voters of the settlements.
(2) Annulled.
(3) Every Hungarian citizen who has the franchise and does not hold a post that is incompatible with the mayoral mandate may be elected a mayor.
(4) The candidate receiving the greatest number of the votes validly cast shall become mayor or Lord Mayor.
(5) If the election could not be held because there were no candidates or because the number of votes were received by two or more candidates in an equality of votes then by-elections shall be called for.
Chapter XI
Protection of the Rights of National and Ethnic Minorities
(1) The provisions of the Minorities Act with the alterations and amendments contained in this part shall be applied for the nomination and election of national and ethnic minority self-government representatives.
(2) to (3) Annulled.
(1) If no candidate of the same minority shall receive a mandate as a result of the settlement small-list election voting, then the number of votes, which is equal to the half of the number of votes that were validly cast on the candidate receiving mandate by the smallest number of votes, shall be calculated. Every minority candidate who did not receive a mandate shall receive it in the case that the number of votes cast on them shall be greater than the number determined in the above way; should there be more than one such minority candidate, then the one with the greatest number of received votes. If there are two or more such candidates who have an equality of received votes, then the mandate shall be decided according to the drawing of lots specified in paragraph (4) of Article 28.
(2) The number of representatives, as set forth in Article 8., of the settlement assembly shall be increased by the mandate received in the manner determined in paragraph (1).
(1) In the mixed election system according to minorities separate compensation lists shall be used to register each candidate proposed in an individual constituency, whether they were proposed as an independent minority candidate or a minority nominating organisation candidate. The minority nominating organisations, along with the minority candidates may also put forward a common compensation list.
(2) The reaching of the one quarter limit determined in Article 29. is not necessary for presenting of a minority compensation list, but a capital list shall not be put forward on the basis of a minority compensation list.
(3) The individual constituency minority candidate may decline the minority compensation list candidacy in writing.
(4) Candidates on the minority compensation list shall be listed in alphabetical order.
(5) The minority compensation list shall receive mandates according to paragraph (4) of Article 45. Out of the candidates standing for election on the list the one receiving the greatest number of votes in the individual constituency shall become a representative. In the case of an equality of votes candidates shall receive mandates according to paragraph (4) of Article 28.1
(6) If as a result of the election the minority compensation list does not receive a mandate, then
a) the smallest number, which is still eligible for a mandate shall be sought [Article 45. paragraph (4)] and one quarter thereof determined;
b) a compensation list that has received more votes than the number determined according to subparagraph a) shall receive a mandate.
(7) If a candidate on the minority compensation list is elected as a representative in an individual constituency then his or her name shall be stricken off from the list, and his or her place shall be taken by the candidate succeeding him or her.
(8) The number of representatives of the settlement as set forth under Article 9. shall increase by the mandate received in the manner determined by paragraph (6).
Article 50/A
(1) Annulled.
(2) The local minority self-governmental election must be called for if this was so requested by at least five voters declaring themselves to be of the same minority and holding a permanent place of residence in the settlement.
(3) Annulled.
(4) Any minority in a given settlement may only create one local minority self-government.
(5) The election shall be held only if there are at least as many candidates as there are number of mandates for minority representatives.
Article 50/B
(1) Anyone who was proposed - according to the general rules of nomination - as a minority candidate by at least five voters in the constituency shall become a candidate for representative of the local minority self-government.
(2) Any voter who shall accept the representation of the minority specified in the Minorities Act may be proposed for the local minority self-government.
Article 50/C
(1) Everyone who is eligible to vote in the election of the representatives of the settlement self-government may participate in the election of the local minority self-government.
(2) The election of the local minority self-government shall be one round. The election shall be valid with respect to the local minority self-governments for which at least 50 voters included in the electoral register of settlements with a population of 10 000 or less, or at least 100 voters contained in the electoral register of settlements with a population exceeding 10 000, as well as in the capital districts, shall cast valid votes.
(3) Candidates who shall receive the greatest number of votes according to the number of representatives to be elected shall become representatives in the local minority self-government. Voters may only cast their votes on a number of candidates on the ballot paper as there may be members in the minority self-government.
(4) Candidates who shall receive an equal number of votes shall receive a mandate on the basis of a drawing of lots.
(5) A candidate who fails to attract any votes may not become a representative.
(6) If the voters shall elect a smaller number of representatives than the number of representatives of the assembly of the local minority self-government, then the assembly may function with less members until the next election. The number of members shall not be smaller than three.
(7) Should the local minority self-government fail to be created, then upon the initiative of five voters, declaring themselves to be of the same minority and holding a permanent place of residence in the settlement, the election of the local minority self-government may only be held on the third Sunday of November of the year following the year of the general election of municipal governments. Such an initiative may only be made until the 60th day preceding the election.
(8) If the mandate of a representative of the local minority self-government created in a direct manner terminates, then his or her place shall be filled by the candidate who had received the second greatest number of votes. The mandate shall remain vacant until the next election if there shall be no such candidate.
(9) If the number of members of the indirectly formed local minority self-government shall fall below the number specified in Appendix No. 5, then the local minority self-government formed in this way shall be dissolved.
Chapter XII
Legal Remedy
Articles 51 to 52
Annulled.
Chapter XIII
By-elections
(1) By-elections shall be held if the mandate of an individual constituency representative or the mayor is ceased, and in cases provided for under paragraphs (1) and (6) of Article 42., paragraph (2) of Article 44., paragraphs (4) and (5) of Article 53. and paragraphs (2) and (4) of Article 54.
(2) Annulled.
(3) In cases where the mandate of a representative elected on the settlement small-list or minority small-list has ceased, it shall be obtained by the candidate who had received the second greatest number of votes. In case where the representative elected from the county, compensation, or capital list is withdrawn, his or her place shall be taken by a candidate included on the list originally announced by the nominating organisation. Should the nominating organisation fail to give notice of this within the deadline set above1the vacant mandate shall be fulfilled by the candidate next in line on the list. If there are no more candidates on the small-list or the list, then no by-election shall be called for and the mandate shall remain vacant until the next general election.
(4) Should the number of representatives elected from the small-list fall below the number of representatives necessary for the functioning of the assembly, by-elections shall be organised to fill the vacant mandates.
(5) In the case of the municipal assembly having been dissolved or dispersed by itself by-elections shall be held.
Chapter XIV
Change In Size of the Constituency and the Effect This Has on the Rights of the Representative
(1) In the case of the creation of a new village the settlement representatives shall retain their mandate as members of the assembly of their respective place of residence if a functioning - that is one that has at least five members - assembly is formed thereof. In this instance the number of representatives may be different from that of specified in this Act for the duration of the mandate.
(2) By-elections shall be held upon the creation of a new village if a functioning assembly according to paragraph (1) cannot be formed.
(3) If the new village is quitted from a settlement with a population of more than 10 000, or from a capital district, and in the settlement or district the assembly can function then the mandate of the settlement or capital district mayor shall be retained.
(4) If the new village is created from a settlement with a population smaller than 10 000, or if a unification of villages is ceased, then the mayor shall be elected on the new village; and in the remaining part of the settlement, if the number of its population shall become less than two-thirds of the previous settlement.
Chapter XV
Explanatory and Final Provisions
Article 54/A
During the application of this Act
a) the number necessary for the functioning of the assembly: more than fifty percent of assembly members may be elected according to this Act;
b) to c) annulled;
d) independent candidate: a candidate proposed not by a nominating organisation, but rather a certain number of voters;
e) to j) annulled;
k) nominating organisation: a party registered according to Act XXXIII of 1989. on the Operation and Economy of Parties, as well as a social or minority organisation registered according to Act II. of 1989. on the Right to Assemble;
l) representative: a member of the settlement municipal government, a member of the County Assembly, a member of the Capital Assembly, a member of the local minority self-government;
m) minority candidate: an independent candidate who accepts the representation of a national or ethnic minority, or a candidate of a minority organisation;
n) minority organisation: a social organisation that represents a national or ethnic minority according to its court registration;
o) annulled;
p) national and ethnic minority: minorities listed under paragraph (1) of Article 61. of the Minorities Act;
r) to t) annulled;
u) mayor: the mayor of a settlement, the Lord Mayor of Budapest;
v) settlement: a village, a town, a town with county jurisdiction or a capital district;
w) annulled.
x) constituency: with respect to the election of the members of the County Assembly: the group of settlements with a population of 10 000 or less, also the group of settlements with a population of more than 10 000 - towns with county jurisdiction exclusive; with respect to the election of the Lord Mayor and the members of the Capital Assembly: the capital city; with respect to the election of the mayor, the municipal government representatives of a settlement with a population of less than 10 000, and also to that of the election of the representatives of the local minority self-government: the settlement; with respect to the individual constituency election of representatives of municipal governments of settlements with a population greater than 10 000 the constituencies created for this purpose.
y) to z) annulled.
The election shall be called for on a day that shall not be a national holiday, nor on the day preceding and falling after such.
Article 56
Annulled.
The Appendices to this Act shall determine:
a) to b) annulled;
c) the number of individual constituency candidates necessary for the proposing of a list;
d) the number of representatives may be elected to the County Assembly;
e) the number of settlement municipal government representatives necessary for the creation of the indirectly formed local minority self-government;
f) annulled.
Article 58
Annulled.
(1) Annulled.
(2) To determine the number of members of the settlement and local minority self-government the population count shall be established on the 60thday preceding the day of voting on the basis of data contained in the local personal data and address register.
Articles 60. to 62
Annulled.
(1) This Act shall come into force on the day of its promulgation.
(2) The provisions of Act III of the year 1983 on the Election of Parliamentary Representatives and Members of Councils effective to this day shall be annulled.
Appendix No. 1. to paragraph a) of Article 57.
Annulled.
Appendix No. 2. to paragraph b) of Article 57.
Annulled.
Appendix No. 3. to Act LXIV. of 1990.
Number of Individual Constituency Nominations Required For Proposing of a List
|
Number of individual constituencies in the settlement |
Number of constituencies in the settlement in which the presentation of individual candidates is a condition for the presentation of lists |
|
|
|
|
10 |
2 |
|
14 |
3 |
|
15 |
3 |
|
16 |
4 |
If the population is above 70 000, an increase in the population by 10 000 inhabitants shall increase the number of representatives elected in an individual constituency by one, and an increase in the population by 15 000 inhabitants shall have the same effect on the number of list representatives. In the determination of the number of individual constituency nominations necessary for the presentation of a list, fractions shall always be rounded downwards.
Appendix No. 4. to Act LXIV. of 1990.
The Number of Members of the County Assemblies
|
Name of County |
Number of Assembly Members |
Number of representatives for settlements with a population more than 10 000 |
Number of representatives for settlements with a population less than 10 000 |
|
Baranya |
40 |
11 |
29 |
|
Bács-Kiskun |
46 |
19 |
27 |
|
Békés |
40 |
18 |
22 |
|
Borsod-Abaúj-Zemplén |
59 |
19 |
40 |
|
Csongrád |
40 |
15 |
25 |
|
Fejér |
40 |
6 |
34 |
|
Győr-Moson-Sopron |
41 |
9 |
32 |
|
Hajdú-Bihar |
40 |
16 |
24 |
|
Heves |
40 |
10 |
30 |
|
Jász-Nagykun-Szolnok |
40 |
18 |
22 |
|
Komárom-Esztergom |
40 |
18 |
22 |
|
Nógrád |
40 |
10 |
30 |
|
Pest |
80 |
42 |
38 |
|
Somogy |
40 |
9 |
31 |
|
Szabolcs-Szatmár-Bereg |
48 |
9 |
39 |
|
Tolna |
41 |
15 |
26 |
|
Vas |
40 |
11 |
29 |
|
Veszprém |
40 |
16 |
24 |
|
Zala |
40 |
5 |
35 |
Appendix No. 5. to Act LXIV. of 1990.
The Number of Settlement Municipal Government Representatives - Elected As Candidates of the Same Minority - Necessary for the Creation in an Indirect Manner of Local Minority Self-government
|
The number of members of the settlement municipal government assembly |
The number of the members of the local minority self-government created in an indirect manner |
|
|
|
|
5–13 |
3 |
|
14–17 |
4 |
|
18–22 |
5 |
|
23–24 |
6 |
|
25–26 |
7 |
|
27 |
8 |
If the population is above 70 000, an increase in the population by 10 000 inhabitants shall increase the number of representatives elected in an individual constituency by one, and an increase in the population by 15 000 inhabitants shall have the same effect on the number of list representatives. In the determination of the number of minority representatives, that is necessary for establishing of a local minority self-government created in an indirect way, fractions shall always be rounded downwards.
Appendix No. 6. to Act LXIV. of 1990.
Annulled.