Act C of 1997
on Electoral Procedure
Pursuant to the Constitution of the Republic of Hungary, suffrage is universal and equal; voting is direct and secret. To ensure that the exercise of the right to vote, the process of elections, referendums and popular initiatives shall be democratic and based on proper guarantees, the Parliament shall make the following law:
PART ONE GENERAL PROVISIONS
CHAPTER
I
FUNDAMENTAL RULES
The aim of the Act
§ 1 The aim of this Act is that voters, candidates and nominating organisations as well as election bodies may exercise their election related rights on the grounds of uniform, clearly arranged and simple rules of procedure, as laid down by law.
The scope of legitimate application
§ 2 This Act shall be applied with regard to
a. the election of the Members of Parliament;
b. the election of the Members of the European Parliament;
c. the election of the representatives and mayors of local governments
d. the election of minority municipalities;
e. national referendums;
f. local referendums;
g. national popular initiatives;
h. local popular initiatives; and
i. electoral procedures regarding which the law orders that this Act shall be
applied to [the provisions set forth in clauses a)-i) shall be referred to
jointly as "the election"].
The basic principles of electoral procedure
§ 3 When applying the rules of electoral procedure, the
participants involved in the election shall assert the following basic principles:
a. to safeguard the fairness of elections, to prevent electoral frauds;
b. voluntary participation in the nomination, election campaign, voting;
c. equality of chances among candidates and nominating organisations;
d. exercise of rights in good faith, according to rules;
e. option and impartial adjudging of legal remedy;
f. fast and authentic determination of the results of the elections.
General rules
§ 4 (1) The election shall be called the latest 72 days before
the polling day. The election shall be called in such fashion that the polling
day should not fall on national holidays or on public holidays, or on the day
preceding and following them.
(2) If the election committee or the court have the election repeated, the
election committee shall set a date for the repeated election within 30 days
from the seventh day after the date of the election caused to be repeated.
(3) The terms determined under this Act shall be terms of preclusion; they
expire, in the absence of any statutory provision to the contrary, at 4:00 p.m. on the last day of the
term.
(4) The terms defined in days shall be calculated in calendar days.
§ 5 The expenses of implementing the state's responsibilities related to preparing and conducting the elections shall be provided, to the extent defined by the Parliament, from the central budget. With regard to the use of these monetary assets, the State Audit Office shall inform the Parliament.
CHAPTER II
THE PUBLICITY OF THE ELECTORAL PROCEDURE
§ 6 (1) The operation and activity of election committees as
well as the data available to election committees, except for the statutory
exception, shall be public. The publicity of the electoral procedure may not
infringe the secrecy of the election, personal rights and rights related to the
protection of personal data.
(2) The computerised data of the election may be required by anybody under the
same conditions, against payment of a fee.
(3) On useful information regarding the election (such as the time and venue of
voting, candidates, the posting of the register, the method of voting, the
results of the election) the competent election office shall issue an
announcement.
(4) The names of the members of the election committee and the head of the
election office, the address of the office of the election bodies shall be
published the way it is customary locally; the name of the members of the
parliamentary single mandate constituency and the regional election committees
in the official journal of the metropolitan, county general assembly, the
details of the National Election Committee in the Official Gazette of Hungary.
(5) The election offices shall arrange for the voters to receive general
information about the details of the elections and replies to their questions.
(6) On polling day, prior to the termination of voting, election offices may
provide information on the number and proportion of voters.
§ 7 The representatives of the media may be present while the
election committees are working but may not disturb their activity.
§
7/A (1)
Each nominating organisation putting forward candidates for foreign
representations, and each independent candidate may delegate one person to act
as observer to each foreign representation.
(2) Only Hungarian citizens having right to vote may be observers.
(3) Observers shall be notified to the National Election Committee by providing
their name and personal identification number until the 9th day before the
voting in Hungary. The National Election
Committee will check the observer's right to vote, and will register the
observer. The National Election Office will send the name and personal
identification number of the observer delegated to foreign representation to
the head of the election office at the foreign representation.
(4) The observer registered by the National Election Committee may be present
while the election office at the foreign representation carries out its work.
The observer
a) may follow the work of the election office at the foreign representation,
the process of voting with attention,
b) may record their comments in the minutes made out on the closing of voting,
c) may lodge a reserve,
d), shall not influence or disturb the voting, or the work of the election
office at the foreign representation either actively or through behaviour from
which an inference may be drawn,
e) may sign the sealed ballot-box after closing the voting,
f) is obliged to wear a pass in the polling station.
(5) The costs related to the observer's delegation and activity shall be borne
by the delegator.
§ 8 (1) From the eighth day prior to voting to the termination
of voting, the results of public opinion polls regarding the elections may not
be published.
(2) On polling day, public opinion researches may be made subject to the
following conditions:
a. the public opinion poll shall be anonymous, and based on voluntary
participation;
b. the public opinion researchers may not enter the building where the
polling-station is located, may not in any way harass voters, and may ask only
those stepping out of the polling station.
CHAPTER III
CONSTITUENCIES, ELECTORAL DISTRICTS
§ 9 (1) Constituencies shall be established in such fashion
that the number of the population per constituency should be approximately the
same.
(2) When setting up constituencies, attention should also be paid to
nationality, religious, historic, geographic and other characteristics.
§ 10 (1) The number, sequence number and territorial division of
electoral districts as well as the address of polling stations shall be
determined by the head of the local election office in such fashion that
approximately six hundred but maximum one thousand-two hundred voters should
fall on each electoral district, and there shall be at least one electoral
district in each settlement. In January of each year, the head of the local
election office shall review the number, sequence number and territorial
division of the electoral districts. The head of the local election office
shall normally monitor changes in the setting up of electoral districts, and
take the necessary measures.
(2) At settlements with two or more electoral districts, an electoral district
shall be identified where voters whose address contain, pursuant to the rules
of law on reporting address, only the name of the given settlement will vote.
If there are two or more constituencies at the settlement, the head of the
local election office shall assign the electoral district that falls under the
constituency selected by him or her by a draw.
§ 11 From calling the election to the polling day, the borders, sequence number, and the name of the settlement, the name of the street, the street-number and the topographical lot number may not be changed.
CHAPTER IV
REGISTERING THE RIGHT TO VOTE
The register
§ 12 After having called the election, the head of the local
election office shall compile, on the grounds of the data of the particulars
and address register and the register of major citizens disfranchised, the
register of franchised citizens, and shall continuously bring forward
alterations in it.
§ 13 (1) The franchised citizens whose domicile, or for lack of
it, residence (hereinafter referred to as "address") is located in
the electoral district shall be entered in the register.
(2) The register shall be compiled in such fashion that it should be suitable for
identifying the capital, the county, the settlement, and the constituency, the
electoral district and the voter. The register shall contain the voter's:
a. first name(s) and family name (in the event of women, also the maiden name);
b. personal identification number;
c. address;
d. sequence number in the register;
e. the date of birth of the voters having identical names and addresses; or, in
the event that their date of birth is identical, other natural identification
data.
Displaying the register publicly
§ 14 (1) The register shall be publicly displayed 60 days before
the polling day, for eight days; and the time thereof shall be announced the
way it is customary locally. Voters shall be informed about their having been
entered in the register the latest before the 58th day prior to polling day by
sending them an information notice.
(2) The information notice shall contain the voter's first name(s) and family
name, address, personal identification number, serial number in the register,
other technical data, the time and venue of voting, as well as other useful
information regarding the voting.
(3) The register publicly displayed shall not contain the personal
identification number.
(4) The head of the local election office may commission another local election
office, the operator or central office of the particulars and address register
regional system to produce the register, the information notices and the
proposal coupons. The head of the local election office shall arrange to
deliver the information notice and the proposal coupons. The head or member of
the nominating organisation may not be commissioned to deliver the information
notice and proposal coupons.
(5) The delivery of the information notice and the proposal coupon shall be
checked by the head of the local election office.
(6) The voter who has not received the information notice and the proposal
coupons may apply for them at the local election office.
The modification of the register
§ 15 (1) The head of the local election office shall retroactively
enter the voter in the register who has
a. been omitted from the register;
b. acquired right to vote after the register has been completed; and
c. regained his/her right to vote;
and shall inform the voter about this fact by sending an information notice.
(2) The head of the local election office shall delete those from the register
who have deceased, who have lost their right to vote, or who have been entered
in the register of another electoral district because their address has
changed.
(3) The modified register may be inspected at the mayor's office before the
second day prior to polling day.
§ 16 (1) If a voter has changed his or her address after the
completion of the register, the head of the local election office of the new
domicile shall, simultaneously with notification, enter him or her in the
register, and inform him or her by handing over an information notice.
(2) The head of the local election office shall immediately inform the head of
the local election office of the former domicile to ensure deletion from the
register. The head of the local election office of the former domicile shall ex
officio inform the head of the local election office of the new domicile about
the fact that the voter
a. was listed in the register; or
b. was listed in the register of major citizens disfranchised, and the reason
thereof; or
c. has been given a certificate pursuant to § 89 or 104; or
d. was listed in the register at foreign representations; or
e. was not listed either in the register, or in the register of major citizens
disfranchised, or in the register at foreign representations.
(3) In the event provided for under clauses a) and b) of paragraph (2), the
head of the local election office of the former domicile shall delete the
citizen from the register, or from the register of major citizens
disfranchised.
(4) In the event provided for under clause b) of paragraph (2), the head of the
local election office of the new domicile shall delete the citizen from the
register, enter him or her in the register of major citizens disfranchised, and
inform the citizen about this fact.
(5) In the event provided for under clause c) of paragraph (2), the head of the
local election office of the new domicile shall delete the citizen, and inform
the citizen about this fact.
(6) In the event provided for under clause d) of paragraph (2), the head of the
local election office of the previous domicile shall not delete the voter from
the register at foreign representations. The head of the local election office
of the new address shall delete the voter from the register, and shall inform
the voter about this and the fact that the register at foreign representations
continues to include them.
(7) In the event set forth in clause e) paragraph (2) the head of the local
election office of the new address shall ascertain if the right to vote holds
by confirming data with the central office of the particulars address register.
The register of major citizens disfranchised
§ 17 (1) In order to ascertain the right to vote, the bodies
defined under clauses a)-c) shall continuously make alterations in the data
pursuant to paragraph (2) of major citizens disfranchised known to the central
office of the particulars and address register as follows:
a. public guardianship authorities proceeding in cases of guardianship
regarding the placement in charge of a guardian limiting or excluding ability
to act and the termination of such guardianship;
b. the National Penal Authorities, through the agency registering delinquents,
about persons subject to a judgment at law barring them from public affairs;
c. the National Penal Authorities about citizens serving sentence of
confinement, and undergoing compulsory therapy at an institution ruled with
legal force in criminal procedure;
(2) The information pursuant to paragraph (1) shall contain the citizen's:
a. first name(s) and family name (in the event of women, also the maiden name);
b. personal identification number;
c. the reason for, commencement and expected termination of the exclusion from
exercising suffrage.
(3) The central office of the particulars and address register shall maintain
the register of major citizens disfranchised by applying data made available
pursuant to paragraph (1); shall ensure such maintenance with respect to
details of particulars and address by regularly taking over data from the
particulars and address register.
(4) If a citizen has regained his or her suffrage, or is no longer subject to
the particulars and address register, his or her data shall be de deleted from
the register. The data of citizens deleted from the register of major citizens
disfranchised shall be retained for six months.
§ 18 (1) The register of major citizens disfranchised shall be
handled by the agency maintaining it separately from its other records, except
for the register, and may be used for no other purpose than ascertaining
suffrage; data taken from it may not be disclosed for any other purpose.
(2) The central office of the particulars and address register may supply data
from the register of major citizens disfranchised to election committees,
election offices and the court, and, in the proceeding of electing lay
assessors, to mayors to ensure the conducting of elections, and the
authentication of the data of those signing the initiative of referendums and
popular initiatives.
(3) The central office of the particulars and address register shall check the
candidates' suffrage on the grounds of the data of the register of major
citizens disfranchised and the particulars and address register, and shall
immediately advise the relevant election office about lack of suffrage.
(4) The central office of the particulars and address register may check the
suffrage of elected representatives on the grounds of the data of the register
of major citizens disfranchised and the particulars and address register, and
shall immediately advise the relevant election office about lack of suffrage.
(5) Any citizen of legal age may request of the central office of the
particulars and address register to verify that on the grounds of the register
of major citizens disfranchised nothing disqualifies them from exercising their
right to vote.
§ 19 The register of major citizens disfranchised may be
connected to the local, regional or central particulars and address register,
covering the population of the constituency involved in the election, from the
date of calling the election to the date of publishing the final results of the
election, for the purpose of ascertaining suffrage. Such connection shall be
immediately terminated after the terms of legal remedy related to the elections
have expired.
§ 20 The register of major citizens disfranchised is not public; it may be inspected by no other than the relevant person, the court, the election committee and the members of the election office.
The register at foreign representations
§
20/A
(1) Inclusion in the register at foreign representations may be requested by
voters included in the register of their address personally or through a
delegate having an authorisation enshrined in a private deed with conclusive
force from the head of the local election office of their domicile before the
16th day prior to polling day in Hungary. Requests for inclusion in the
register at foreign representations may be submitted also by registered mail in
such fashion that it shall have been received by the local election office the
latest before the 16th day prior to voting in Hungary.
(2) Applications with regard to entering the applicant in the register at
foreign representations shall contain the applicant's:
a) first name and family name,
b) personal identification number,
c) place and date of birth,
d) mother's name,
e) address in Hungary, and
f) the description of the foreign representation where the applicant intends to
exercise their right to vote, and
g) the applicant's notify address abroad if they do not request that the
decision of the head of the local election office should be sent to their
address in Hungary.
(3) Within the time frame defined in paragraph (1), voters entered in the
register at foreign representations may modify the data set forth in Section
(2) f), or request their deletion from the register at foreign representations
and their re-entry in the register of their address.
§
20/B
(1) On the strength of the application, the head of the local election office
will immediately enter the voter in the register at the foreign representation,
simultaneously, delete them from the register of their address. The head of the
local election office shall immediately inform the applicant that they have
been entered in the register at the foreign representation or that their
inclusion in the register at the foreign representation has been rejected.
(2) The application shall be rejected if it does not contain the data pursuant
to paragraph Section § 20/A (2).
§
20/C
The register at foreign representations shall contain voters' particulars
pursuant to Section § 20/A (2) a)-e) and the description of the foreign
representation.
§
20/D
(1) The head of the local election office shall send the data of the register
at foreign representations to the National Election Office before the 8th day
prior to polling day in Hungary, and the National Election Office will prepare
the register at foreign representations split per foreign representations.
(2) The National Election Office will forward the data of the register at
foreign representations to foreign representations in such fashion that only
the election office at the foreign representation could have access to its
data. The election office at the foreign representation will print and
authenticate the register at foreign representations. The register at foreign
representations shall not be modified. After closing the register at the
foreign representation the National Election Office shall immediately provide
the nominating organisations with information, split per foreign
representations, on the number of voters included in the register at the
foreign representation.
Legal remedy regarding the compilation of the register, or the register at foreign representations
§
20/E
(1) Reserves because of having been omitted or deleted from or entered in the
register may be lodged during the period the register is displayed publicly.
(2) Anyone who has been entered in the register at foreign representations or
whose inclusion in the register at foreign representations has been rejected,
may lodge a reserve in three days from receipt of the notice thereon.
(3) Reserves lodged because of omission or deletion from the register or
inclusion in the register or reserves lodged because of inclusion in or
rejection of the inclusion in the register at the foreign representation shall
be lodged with the head of the local election office, and will be decided by
him/her the latest on the day following the date the reserve is received.
(4) If the head of the local election office sustains the reserve, he will
modify the register or the register at foreign representations.
(5) If the head of the local election office does not sustain the reserve, he
will send the reserve to the local court, in Budapest to the Pest Central District Court, the
latest on the day following the date it is received. In the judicial
proceedings it is not obligatory to provide representation by counsel. The
court shall act as a sole judge. The court will decide the reserve in three
days from the receipt thereof.
(6) If the court finds the reserve well-founded, it will order the modification
of the register or the register at foreign representations, failing which it
will dismiss the reserve.
(7) The decision of the head of the local election office and the order of the
court shall be communicated to the person concerned and the person who has
lodged the reserve; the order of the court shall be communicated also to the
head of the local election office.
CHAPTER V
ELECTION BODIES
Election committees
§ 21 (1) Election committees shall be citizens' independent
bodies subject to nothing but the law, whose prime responsibility is to
determine the results of the elections, to ensure the fairness of the
elections, to enforce impartiality and, when necessary, to restore the legal
order of the elections.
(2) Election committees:
a. ballot counting committees;
b. local election committees;
c. parliamentary single mandate constituency election committees;
d. regional election committees;
e. the National Election Committee.
(3) During the term of its operation, an election committee is deemed to be an
authority and its members public officials.
(4) The members of the election committee shall be exempted from performing
work stipulated by law on the day following voting, and are entitled to receive
average wages for this period to be paid by the employer. The employer may
apply for reimbursement of the wages the member of the committee is entitled to
within five days after the election, from the election office operated beside
the election committee, in the event of ballot counting committees, from the
local election office.
Members of the election committee
§ 22 (1) With the exception of § 24 and 25 as well as Section §
27 (3)-(4), only voters having an address in the constituency may be members of
the election committee, and only voters having an address in the settlement may
be members of local election committees.
(2) The President of the Republic, state leaders, heads of administrative
offices, representatives, chairmen of county general assemblies, mayors,
county/capital-clerks, members of election offices, civil servants of
administrative bodies operated on the area of competence of the election
committee, or candidates shall not be members of an election committee.
(3) In addition to those stipulated under paragraph (2), members of
organisations nominating candidates in the constituency, and kin of candidates
running in the constituency may not be elected members of an election
committee.
(4) The election committees that may establish a decision-making, decision
reviewing relation with each other in remedial procedure shall not consist of
members who are kin.
§ 23 (1) The three members of the ballot counting committee and
the necessary alternate members shall be elected by the body of representatives
of the settlement municipality subsequent to calling the general elections of
members of parliament, the latest on the 20th day prior to polling day; and the
head of the local election office shall submit a motion on their person. At
settlements having one constituency, no separate ballot counting committee
shall be elected [Section § 31 (2) l)].
(2) The three members, or, at settlements having one constituency, the five
members of the local election committee and the necessary number of alternate
members shall be elected by the body of representatives of the local government
of the settlement subsequent to calling the general elections of the members
and mayors of local governments, the latest on the 51st day prior to polling
day; and the head of the local election office shall submit a motion on their
person.
(3) The three members and the necessary number of alternate members of the
parliamentary single mandate constituency election committees, and the regional
election committees shall be elected by the metropolitan, county general
assembly; and the head of the local election office shall submit a motion on
their person.
(4) The five members and the necessary alternate members of the National
Election Committee shall be elected by the Parliament; and the Minister of the
Interior shall, taking the parties' recommendations into consideration, submit
a motion on their person.
(5) The elected members of the election committees pursuant to paragraphs
(3)-(4) shall be elected subsequent to calling the general elections of Members
of Parliament, the latest on the 51st day prior to polling day.
§ 24 If the election of the members of the ballot counting committee
or the local election committee, due to the low number of the population or
rules of incompatibility, or because the body of representatives is hindered
from acting, does not take place before the end of the term stipulated by law,
the members shall be immediately delegated by the regional election committee
at the motion of the head of the local election office.
§ 25 (1) One further member, in addition to those referred to in
§ 23, of each election committee shall be delegated either by the nominating
organisation putting forward candidates or setting up a list in the
constituency, or by the independent candidate.
(2) The delegated members of the election committees shall be notified to the
chairman of the election committee, the delegated members of ballot-counting
committees to the head of the local election office before the 9th day prior to
polling day.
§ 26 (1) The commission of the delegated members of the election
committee shall last until the statutory meeting of the election committee set
up for the next general elections determined under § 23.
(2) The commission of the delegated member of the election committee shall
cease, with the exception of the provisions set forth under paragraph (3),
simultaneously with publishing the results of the election.
(3) The commission of the members delegated into National Election Committee by
the parties setting up a representative group at the constituent assembly of
the Parliament, pursuant to § 25, shall last until the date defined in
paragraph (1), or the dissolution of the faction. Each political party which
has not delegated any member into the National Election Committee pursuant to §
25, but has set up a representative group in the Parliament, may delegate one
member, whose commission shall last until the date defined in paragraph (1), or
the dissolution of the faction.
(4) The commission of the member of the election committee shall cease, in
addition to the provisions set forth under paragraphs (1)-(3):
a. if the statutory conditions of the commission cease;
b. if the election committee has ascertained the incompatibility of its member;
c. through resignation;
d. by withdrawing the commission.
§ 27 (1) An elected member of the election committee who has
died, or whose commission has, for reasons defined under Section § 26 (4),
terminated, shall be replaced by an alternate member. For lack of an alternate
member, the body of representatives of the settlement municipality, and the
metropolitan, county general assembly or the committees designated by them,
and, regarding the National Election Committee, the Parliament shall elect a
new member.
(2) A delegated member of the election committee who has died, or whose
commission has, for reasons defined under Section § 26 (4), terminated, may be
replaced by the nominating organisation, the independent candidate, or the
representative group by delegating a new member.
(3) The procedure set forth under § 24 shall be applied when, due to reasons
defined therein, the new member of the ballot counting committee or the local
election committee has not been elected.
(4) If, on polling day, the number of the members of the ballot counting
committee is less than five, the head of the local election office may
supplement the committee by adding alternate members or members from other
ballot counting committees. If it is not possible to supplement the ballot
counting committee in such fashion, then the head of the regional election
office shall arrange for same by delegating members or alternate members of
ballot counting committees of other settlements having taken an oath.
§ 28 (1) The members of the election committee shall take an
oath in the presence of the competent mayor, the Mayor of the capital, the
chairman of the county general assembly, or the Speaker of Parliament. The text
of the oath shall be set forth in Annex 1.
(2) The election committee, once it has elected its members and they have taken
an oath, shall hold a statutory meeting. At the statutory meeting, it shall
elect its chairman and its deputy from the elected members.
(3) The election committee shall be represented by its chairman. If the
election committee has no chairman or the chairman is hindered from acting, the
chairman's responsibilities shall be met by its deputy.
(4) The rights and obligations of the elected and commissioned members are
identical, with the exception that delegated members are not entitled to
receive any fee.
The decision of the election committee
§ 29 (1) The election committee shall act as a body; for making
decisions the presence of the majority of the members and the identical voting
of the members present are required. Voting may be completed by yes or no.
(2) Of the meetings of the election committee minutes shall be made out. In the
minutes minority opinions, together with their supporting reasons, shall be
also recorded. At their request, one copy of the minutes will be handed over by
the election committee free of charge to the representatives of each candidate.
Establishing the facts of the case
§
29/A
(1) The election committee is obliged to establish the facts of the case
necessary for making decision.
(2) In the procedure of the election committee any and all evidences
(especially documents, the applicant's statement, the witness's statement,
etc.) may be used that are suitable for facilitating the establishment of the
facts of the case. Facts officially known to the election committee and facts
of public knowledge shall not be proved. The election committee shall assess
evidences one by one and on the aggregate, and shall in accordance with their
conviction based on that establish the facts of the case.
(3) The election committee shall ensure that the applicant, on request, could
make an oral statement. In this case, the adverse party, if it is present,
shall be also allowed to make an oral statement.
The resolution
§
29/B
(1) The election committee shall decide the case by adopting a resolution. The
resolution shall be enacted in a written document on the day it enters into
force.
(2) The resolution shall contain
a) the name of the election committee, the number of the resolution,
b) the applicant's name and address (seat),
c) the description of the subject of the case,
d) in the operative clause, the decision of the election committee; information
about the option of lodging an appeal (submitting an application for judicial
revision),
e) in the reasons, the facts of the case established and the evidences accepted
as the bases thereof, the demonstration indicated by the applicant but
dispensed with and the reasons for such dispensation, and the specific sections
of rules of law that provide legal ground for the committee to adopt its
resolution.
(3) If there is any name, number other item incorrectly written in the
resolution, the election committee may, on request or ex officio, correct it. A
resolution that contains any calculation error may be corrected only if such
correction of the calculation error does not affect the case on the merits.
Communicating the resolution
§
29/C
(1) The resolution shall be directly communicated to the applicant, and to the
person on whom the resolution confers rights or imposes obligations subject to
their being present or their fax number or electronic e-mail address being
available, on the day the resolution is adopted. The resolution may be directly
communicated
a) to the persons present by handing over the resolution,
b) by fax,
c) in the form of electronic document (e-mail), or
d) to the delivery agent pursuant to the provisions set forth in clauses a)-c).
The way(s) of directly communicating the resolution shall be defined by the
applicant.
(2) The fact and way of communicating the resolution pursuant to paragraph (1)
shall be noted on the instrument, and the document verifying it shall be placed
in the file.
(3) If it is not handed over pursuant to paragraph (1) clause a), the
resolution shall be delivered to the persons concerned.
(4) The resolution shall be handed over, free of charge, to the delegated
members of the election committee.
(5) Except for personal data, the election committee will publish its
resolution.
The ballot counting committee
§ 30 The ballot counting committee shall consist of minimum five members.
The local election committee
§ 31 (1) The local election committee shall consist of minimum
three, or, at settlements having one constituency, five members.
(2) At settlements having one constituency, the local election committee shall
meet the responsibilities of the ballot counting committee.
Parliamentary single mandate constituency election committee
§ 32 The parliamentary single mandate constituency election committee shall consist of minimum three members.
Regional election committee
§ 33 The regional election committee shall consist of minimum three members.
National Election Committee
§ 34 The National Election Committee shall consist of minimum five members.
Election offices
§ 35 (1) Election offices are bodies fulfilling the state's
responsibilities in connection with preparing, organising, conducting the
elections, providing voters, candidates and nominating organisations with
information free from any party bias, handling electoral data, creating
technical conditions, checking compliance with statutory conditions and
professional rules.
(2) Except for ballot counting committees, an election office shall operate
beside each election committee, and at foreign representations. Beside the
ballot counting committee one member of the local election office shall act as
the keeper of the minutes.
(3) The head of the local and the parliamentary single mandate constituency
election office shall be the competent clerk; the head of the regional election
office shall be the county/capital-clerk. The head of the election office at
foreign representations shall be delegated by the head of the National Election
Office for an indefinite period.
§ 36 (1) The members of the election office shall be delegated
by the head of the election office, the head and members of the National
Election Office by the Minister of the Interior, the members of election
offices at foreign representations by the head of the National Election Office
for an indefinite period.
(2) The head of the election office shall take an oath in the presence of the
head of the superior election office. The members of the election office and
the head of the National Election Office shall take an oath when delegated in
the presence of the official delegating them. The text of the oath shall be set
forth under Annex 1.
§ 37 (1) Only public officials and civil servants may be
delegated to the election office as members. Members of the staff of diplomatic
missions and consulates who are Hungarian citizens may be also delegated to
election offices at foreign representations as members or head.
(2) Representatives, chairmen of county general assemblies, mayors, members of
election committees, persons running as candidates in the constituency and
their kin, or members of nominating organisations putting forward candidates in
the constituency shall not be members of the election office.
(3) If any reason for exclusion arises against the head of the election office,
such head shall immediately make this reason known to the head of the superior
election office, the head of the National Election Office to the Minister of
the Interior, who shall appoint a new head of the office. The members of the
election office shall immediately inform the head of the election office about
any reason of exclusion arising against them, who shall recall them.
§ 38 (1) The responsibilities of the election office shall be
to:
a. publish an announcement regarding the date of the election, useful
information related to the election, nomination, voting, and the number of
proposals necessary for valid nomination;
b. publish the names of the candidates, nominating organisations of the
constituency, and the fact of nominating independent candidates;
c. publish the name of the members of the election committees and the head of
the election office, the address of the office of the election bodies;
d. organise training for the members of election bodies, provide voters with
information free from any party bias;
e. operate the information systems of the election;
f. fulfill technical tasks related to checking the proposal of candidates;
g. operate the computer program detecting election frauds;
h. meet other responsibilities defined under the Decree of the Minister of the
Interior.
(2) The election office may within its scope of duty publish public service
publications, announcements.
§ 39 (1) The professional activity of election offices shall be
controlled by the Minister of the Interior through the head of the National
Election Office.
(2) The head of the National Election Office to the heads of other election
offices, the head of the regional election office to the head of the
parliamentary single mandate constituency and the local election office subject
to his or her scope of competence, the head of the parliamentary single mandate
constituency election office to the head of the local election office subject
to his or her area of competence may give direct instructions with regard to
fulfilling the tasks determined under this Act.
(3) The mayor, the body of representatives, and the general assembly and its
official may not give instructions to the head of the election office with
regard to fulfilling tasks related to preparing and conducting the elections.
CHAPTER VI
ELECTION CAMPAIGN
Campaign period
§ 40 (1) The election campaign shall last from the call for the
election to 0:00 hours of the day prior to voting.
(2) From 0:00 hours on the day prior to voting to the termination of voting it
is prohibited to run any election campaign (campaign silence period).
Infringement of the campaign silence period
§ 41 Any influencing of the will of the voters; so, especially services provided free of charge for voters by the candidate or the nominating organisation (organised transportation to the polling station; supplying food and drinks), distributing party badges, flags, party symbols, tokens containing the candidate's photograph or name, placement of election posters (hereinafter referred to as "posters"), providing information in electronic or other form suitable for influencing the voters' will, shall be deemed infringement of the campaign silence period.
Posters
§ 42 (1) Until the end of the election campaign nominating
organisations and candidates may produce posters without permission. Posters
shall be considered products of the media, which may be produced without
permission or notification. In other respects, the rules of law on the media
shall apply.
(2 ) Posters, except for the cases defined under paragraphs (3)-(6), may be
placed without any limitation.
(3) Posters may not be placed on the wall of buildings, fences unless with the
consent of the owner, the tenants, or, in the event of real estates owned by
the state or the local government, of the party that exercises trustee's right.
(4) On certain public buildings or on specific parts of public domain, the
placement of posters may be prohibited by the local government, in the capital
by the municipality of the capital for reasons of protection of monuments and
the environment. It is prohibited to place posters on or inside buildings that
serve as premises for public or local government authorities.
(5) With regard to the placement of self-standing advertising equipment serving
the election campaign the rules on using public domain shall apply.
(6) Posters shall be placed in such fashion that they should not cover the
posters of other candidates or nominating organisations, and that they may be
removed without causing any damage. Posters shall be removed in 30 days from
the polling day by those who have placed them or on behalf of whom they have
been placed.
Meeting
§ 43 (1) Election meetings are public. The organiser of the
meeting shall arrange for the maintenance of order.
(2) For the purposes of the election campaign, state and local government
budgetary agencies may make premises and other necessary equipment available to
the nominating organisations under equal conditions. In buildings serving as premises
for state or local government authorities its is prohibited to run any election
campaign, hold meetings, except at settlements with less than five hundred
inhabitants, provided that no other community building is available for this
purpose.
Radio and television transmission
§ 44 (1) During the campaign period program providers may
publish political advertisements under equal conditions for nominating
organisations and candidates. No opinion, assessing explanation shall be
attached to such political advertisements.
(2) In other respects, regarding broadcasters' participation in the election
campaign the provisions of the law on radio and television shall apply.
Legal remedy regarding media campaign
§
44/A
(1) Reserves regarding the participation of the media in the election campaign
(so especially with respect to violating the basic principles of the electoral
procedure, the publication of political advertisements) will be adjudged
a) regarding periodicals distributed nationally or local provision of programs,
by the competent local election committee of the seat or address of the
publisher or the program provider,
b) regarding regional provision of programs, by the competent regional election
committee of the seat or address of the program provider,
c) regarding periodicals distributed nationally, news agencies or nationwide
provision of programs, by the National Election Committee.
(2) If the election committee sustains the reserve, in addition to the legal
consequences set forth under Section § 78 (1), it may oblige the editorial
staff of the periodical, the program provider or news agency to publish its
resolution or the operative clause thereof
a) within three days regarding daily newspapers and news agencies,
b) the same way in the next issue regarding periodicals,
c) within three days regarding program providers, in the period of the day and
on as many occasions when and as many times the announcement violating the law
was broadcast.
(3) In the reserve it is enough to indicate the program item producing the
evidence of violation, it shall not be attached; the evidence indicated will be
obtained by the election committee ex officio.
Supply of data
§ 45 (1) The central office of the particulars and address
register shall deliver the first name(s) and family name and address of voters
indicated in the register to the candidates, nominating organisations at their
request, for payment of a fee, under equal conditions, after the 20th day prior
to polling day. It is possible to apply for such data split per gender, age
group or address.
(2) A copy of the register publicly displayed, split maximum per electoral
district, shall be delivered by the head of the local election office to the
candidate, the nominating organisation on the grounds of a claim reported in
writing by the candidate, the nominating organisation, against payment of a
fee, under equal conditions, after the 20th day prior to the polling day.
(3) The details of the data supplied pursuant to paragraph (1)-(2) may be used
solely for the purposes of the election campaign. It is prohibited to exploit
them for any other purpose, or disclose them to unauthorised persons,
organisations, other candidates or nominating organisations. The data supplied
shall be annihilated on polling day, and the minutes made out thereof shall be
submitted to the provider of the data.
(4) For the purposes of the election campaign, apart from the head of the local
election office, and the central office of the particulars and address
register, other state or local government bodies shall not disclose personal
data from their own registration to candidates, nominating organisations.
CHAPTER VII
PROPOSAL
§ 46 (1) Candidates may be proposed on proposal coupons.
Proposal coupons shall be forwarded to voters together with the information
notices.
(2) Candidates may be proposed by voters whose domicile is located in the
constituency.
(3) Candidates may be proposed before the 23rd day prior to voting.
(4) Proposals may not be withdrawn.
§ 47 (1) Candidates may be proposed on the proposal coupon by
delivering the coupons filled in to the representative of the candidates, or
the nominating organisations.
(2) The proposal coupons forwarded to voters shall contain the name of the
election. The proposing voter shall indicate his or her first name(s) and
family name, address, personal identification number; the first name(s) and
family name of the person proposed, the name of the nominating organisation, or
the fact of nominating an independent candidate. The proposal coupon shall be
signed by the voter with his or her own hand.
§ 48 (1) Proposal coupons may be collected, except for the
provisions set forth under paragraph (2), anywhere without harassing citizens.
(2) Proposal coupons may not be collected:
a. at places of work during working hours, or while one is fulfilling his or
her obligations to perform work arising from employment or other legal relation
concerning performance of work;
b. from persons in service relation with the armed forces and police
authorities, at the place of service, or while they fulfill tasks of service;
c. on means of public transport;
d. in the official rooms of state organisations and municipal bodies.
(3) It is prohibited to give advantage or to promise to give advantage to the
proposer or with respect to the proposer to another person for the proposal; or
to ask for or accept advantage or a promise to give advantage for the proposal.
Joint candidate
§ 49 (1) Joint candidates may be nominated only on the grounds
of proposal coupons on which all of the nominating organisations putting
forward the given joint candidate are indicated.
(2) If several nominating organisations run a candidate jointly, they shall be
considered hereinafter, for the purposes of the elections, one nominating
organisation.
Invalid proposals
§ 50 (1) Proposals which have been
a. submitted not on official proposal coupons;
b. submitted not on proposal coupons filled in pursuant to Section § 47 (2);
c. collected by infringing the rules of proposing shall be invalid.
(2) Any and all of the proposals of those who have proposed one and the same
candidate more than once shall be invalid.
(3) Any and all of the proposals of those who have proposed more than one
candidate shall be invalid.
Notification of the nominating organisation
§ 51 (1) Nominating organisations that intend to put forward
candidates or set up lists shall be notified with an extract from the court
register of nongovernmental organisations issued after the call for the
election:
a. to the National Election Committee if the nominating organisation intends to
put forward a candidate or set up list in several counties, or both in the area
of the capital and in the territory of some county;
b. to the regional election committee if the nominating organisation intends to
put forward a candidate only in one county, or within the area of the capital
but in several parliamentary single mandate constituencies, or at several
settlements;
c. to the parliamentary single mandate constituency election committee, or to
the local election committee if the nominating organisation intends to run a
candidate only in one parliamentary single mandate constituency, or only at one
settlement.
(2) The National Election Office shall maintain records of the nominating
organisations notified or registered.
(3) Candidates or lists may be presented only by nominating organisations
notified pursuant to paragraph (1) and registered in compliance with § 55.
Notification of the candidate
§ 52 (1) Candidates shall be notified at the competent election
committee the latest on the 23rd day prior to voting by delivering the proposal
coupons.
(2) The notification shall contain the candidate's first name(s) and family
name, personal identification number, address, and a declaration that he or she
a. has right to vote;
b. has accepted the nomination;
c. has no such function that is incompatible with the representative's or
mayor's mandate, or that, in the event of being elected, he or she will resign
it.
(3) If in the constituency two or more voters with identical first name(s) and
family name intend to stand as candidates, the person notified later is obliged
to arrange that he or she could be differentiated, by indicating a letter mark
or second first name, from the candidate notified earlier.
Notification of the list
§ 53 (1) Lists shall be notified by delivering the certificate
made out pursuant to Section § 55 (1) which certifies the notification or
registration of the necessary number of candidates required for setting up a
list, or of the list.
(2) The provisions set forth under Section § 52 (2) shall be applied also with
respect to the candidates indicated on the list.
(3) Maximum three times as many candidates may be indicated on the list as many
mandates can be obtained on the list. The order of the candidates indicated on
the list shall be determined by the nominating organisation, which may not be
altered after the list has been notified. If any of the candidates have been
eliminated from the list, he or she shall be replaced with the candidate coming
next on the list.
Checking proposals
§ 54 (1) The proposals shall be checked by the competent
election office.
(2) The checking of the proposals shall be checking proposals numerically and
in view of the provisions stipulated under Section § 46 (2), and Section § 50
(1) a)-b) and (2)-(3), furthermore establishing the identity of the voters
delivering the proposal coupons.
Registering the nominating organisation, the candidate and the list
§ 55 (1) The election office shall issue a certificate on the
notification of the nominating organisation, the candidate and the list, the
election committee shall issue a certificate on their registration.
(2) The competent election committee shall register each nominating
organisation, candidate and list that have complied with statutory conditions
in three days from notification.
§ 56 (1) The election committee shall refuse to register the
nominating organisation that has not complied with statutory conditions.
(2) The election committee shall refuse to register the candidate if the
nomination has not complied with statutory conditions, or the candidate has not
made the statement prescribed by law.
(3) The election committee shall refuse to register the list, if the nomination
has not complied with statutory conditions.
Provisions regarding the candidate
§ 57 If a voter has been proposed for candidate on several
places within a single type of nomination, then he or she shall state the
latest before the 19th day prior to the election which nomination he or she
accepts.
§ 58 The candidate shall be eliminated if he or she has either renounced nomination in writing before the commencement of voting, or lost his or her suffrage, or died. The name of the eliminated candidate shall be deleted from the register of candidates and the ballot-papers.
Protection of data related to proposals
§ 59 (1) It is prohibited to make copies of the proposal
coupons. The technical records maintained in order to ascertain the validity of
the nomination shall not be considered such copy.
(2) The data of the proposal regarding the proposing person shall not be
public. In the event of any reserve, the data of the proposal coupon and the
technical records may be checked by the competent election committee, the
election office and the court.
(3) The proposal coupons and the technical records shall be annihilated by the
competent election office on the day of the election.
(4) The nominating organisation's entitlement to nominate may be checked by the
election committee in the records of social organisations registered by the
court.
§ 60 The candidate shall annihilate the proposal coupons not submitted, in three days from the expiry of the term available for submitting them, and shall draft minutes about such action. The minutes shall be delivered to the election committee in three days.
CHAPTER VIII
VOTING
Time, date and venue of voting
§ 61 (1) Votes can be cast from 6:00 a.m. to 7:00 p.m. on the polling day. If
the local circumstances justify it, the local election committee, or the
parliamentary single mandate constituency election committee may order that the
voting shall terminate at 5 o'clock.
(2) Votes may be cast only personally and, with the exceptions referred to in
law, only at the polling station designated in accordance with the voter's
domicile.
(3) In order to make it possible for them to vote, voters hindered from
movement, shall be, at their request, visited by two members of the ballot
counting committee with a mobile ballot-box.
(4) The polling station shall not be closed during the term of voting, and the
voting shall not be extended, or, except for extraordinary events, interrupted.
If on polling day the number of the members of the ballot counting committee
becomes less than three, or voting has become impossible due to external
reasons beyond control, those present are obliged to immediately suspend
voting, sequester the ballot-box and the documents, and immediately advise the
head of the local election office about the fact of such suspension to ensure
the lawful continuation of voting.
§ 62 (1) The polling station may not be located in a building
used by the candidate or the nominating organisation.
(2) The necessary number of polling booths required for the smooth running of
voting but minimum two of them shall be set up in the polling station.
(3) For the purposes of voting, two or more ballot-boxes shall be erected in
the polling station.
(4) A properly fixed pen for the ballot-counting committee and the voters shall
be placed in the polling station and the polling booths. The members of the
ballot-counting committee shall use no other than the pen officially placed in
the polling station.
(5) During the time of voting the members of the ballot-counting committee
shall not use any tools suitable for data recording or data transmission in the
polling station, except for the official election documents and the pen set
forth in paragraph (4).
Commencement of voting
§ 63 Once the election documents, forms have been placed, apart
from the members of the ballot counting committee and the election office,
nobody shall stay in the polling station until the commencement of voting.
§ 64 (1) Prior to the commencement of voting, the ballot
counting committee shall examine the state of the ballot-box in the presence of
the voter who is the first to cast his or her ballot, and who shall not be a
member of the ballot counting committee. The result of such examination shall
be recorded in the polling minutes.
(2) The ballot-boxes shall be sealed, in the presence of the voter who is the
first to cast his or her ballot, in such fashion that no ballot could be
removed from them without taking them apart. After that, the ballot counting
committee shall place a review sheet, which contain the time and date of
placing such review sheet and the signatures of the members of the ballot
counting committee present and the citizen who is the first to cast his or her
vote, into the ballot-box.
The process of voting
§ 65 (1) The chairman of the ballot counting committee shall be
responsible for the maintenance of order in the polling station and its
vicinity on polling day; the measures taken by the chairman to maintain order
shall be binding on everybody.
(2) During the term of voting voters may stay in the polling station no longer
than required for exercising suffrage.
§ 66 (1) In the polling station only those voters may vote who
are included in the register, or who are entered in the register by the ballot
counting committee.
(2) The ballot counting committee shall on the grounds of a certificate
suitable for establishing identity and address establish the identity of the
person who intends to vote and whether such person is included in the register.
The ballot counting committee shall enter the voter in the register who
a. has a certificate;
b. certifies that his or her address is located within the area of the
constituency, provided that he or she is not listed in the register of major
citizens disfranchised.
(3) The ballot counting committee shall reject voters who cannot properly prove
their identity and address, or who, for lack of statutory conditions, may not
be entered in the register. The ballot counting committee shall draft a list
about such persons.
§ 67 (1) If there is nothing to prevent voting, the ballot
counting committee shall hand over the ballot-paper to the voter and, in the
presence of the voter, affix an official seal to it.
(2) The ballot counting committee shall, when necessary, without influencing
the voter, explain the process of voting.
(3) When a candidate is eliminated after the ballot-papers have been produced,
the ballot counting committee is obliged to inform voters about this fact on a
public notice placed in the polling station, and, when necessary, orally. The
name of the candidate eliminated shall be crossed out on the ballot-paper.
(4) Receipt of the ballot-paper shall be verified by voters by singing the
register with their own hand. On behalf of voters unable to write, two members
of the ballot counting committee shall sign the register, indicating this fact.
§ 68 (1) There are polling booths at the voters' disposal for
filling in the ballot-paper. Voters may not be obliged to use the polling
booth.
(2) During the time of filling in the ballot-paper, only the voter may stay in
the polling booth. Voters who cannot read, or are prevented from voting by
other physical handicap or any other cause, may use the assistance of another
voter, for lack of same, the joint assistance of two members of the ballot
counting committee.
§ 69 (1) Valid votes can be cast only on candidates, lists, referendum
questions (in this chapter jointly referred to as "the candidate")
indicated on the official ballot-paper. The samples of ballot-papers are
defined under Annexes 2-10.
(2) Votes can be cast on a candidate with two intersecting lines written with pen
in the circle under, above or beside the name of the candidate.
(3) The ballot-paper
a. to which no official seal has been affixed;
b. which contains more votes than defined by law
shall be invalid.
(4) The vote which
a. has been cast on a ballot-paper deemed invalid pursuant to paragraph (3);
b. has been cast not in compliance with paragraph (2);
c. has been cast on a candidate eliminated
shall be invalid.
(5) It shall not affect the validity of the vote, provided that it complies
with other conditions, if any remarks are made on the ballot-paper, the order
of the candidates has been changed, the name of the candidate has been crossed
out, or, a name has been added.
§ 70 (1) Voters shall put the ballot-paper into an envelope,
and, in the presence of the ballot counting committee, cast it into the
ballot-box.
(2) If the voter, before placing it in the ballot-box, indicates that he or she
has incorrectly filled in the ballot-paper, the ballot counting committee shall
withdraw such incorrectly filled in ballot-paper and replace it by issuing a
new ballot-paper and record this fact in the minutes. Only once per person may
the committee issue a new ballot-paper to replace a ballot-paper incorrectly
filled in.
§ 71 (1) The chairman of the ballot counting committee shall
close the polling station at 7:00 p.m. The voters who are staying in the polling station or in its
entrance-hall may still vote. After that the ballot counting committee shall
close voting.
(2) After voting has been closed, no ballots may be accepted.
Voting at foreign representations
§
71/A
(1) Voting at foreign representations is possible if the host state does not
object to it. Voting shall not take place at foreign representations where no
voter is registered.
(2) The duties set forth in Sections § 61-71 as to be carried out by the ballot
counting committee will be fulfilled and the disputes arising during voting
will be decided by the election office at the foreign representation. Sections
§ 61 (3) and (4) shall not be applied.
(3) The image of the ballot-paper will be sent by the National Election Office
to election offices at the foreign representations, which produce ballot-papers
by printing this image. Election offices at foreign representations will print
twice as many ballot-papers as many voters are included in the register at
foreign representations. Election offices at foreign representations will
maintain records of the ballot-papers printed.
(4) Voters entered in the register at foreign representations may vote at the
foreign representation, or, if the building of the foreign representation is
not suitable for conducting voting, in another room provided by the foreign
representation. At the polling station minimum one polling booth shall be set
up and one ballot-box shall be erected.
(5) At foreign representations votes may be cast on the polling day in Hungary, between 6 a.m. and 7 p.m. local time. At the
foreign representations where the time difference is -1 hour or -2 hours
compared to Central European time zone, between 6 a.m. local time and 7 p.m.
CET. At foreign representations established on the American continent votes may
be cast on the day prior to voting in Hungary, between 6:00 a.m. and 7:00 p.m. local time.
(6) During voting the polling station shall not be closed, and voting shall not
be extended, or, except for extraordinary circumstances, discontinued. If on
the polling day voting becomes impossible due to an accidental external cause,
the persons present shall immediately suspend voting, sequester the ballot-box
and the documents, and immediately advise the National Election Committee about
the fact of such suspension to ensure the lawful continuation of voting.
§
71/B
(1) The election office at the foreign representation shall, on the grounds of
a certificate issued by a Hungarian authority suitable for establishing
identity, establish the identity of the citizen who intends to vote, and if
they are included in the register at the foreign representation. Anyone who
cannot prove his or her identity as set forth above, or is not included in the
register at the foreign representation shall be rejected.
(2) When handing over the ballot-paper and the envelope to the voter, a member
of the election office will fill in a statement on voting, which contains the
voter's first name and family name, address, personal identification number.
The voter will sign the statement on voting, and a member of the election
office will authenticate it.
(3) After having filled it in, the voter will place the ballot-paper into the
envelope serving this purpose, and will close the envelope. The voter will hand
over the closed envelope and the statement on voting to the member of the
election office at the foreign representation, who places them into another
(outside) envelope in the presence of the voter, closes it and hands it over to
the voter. The voter will sign the outside envelope where it is sealed, and
will place it into the ballot-box.
(4) If until an hour before closing voting no voter has voted at the foreign
representation, a member of the ballot counting committee may be the first
voter.
(5) Voting shall be closed also when all the voters registered at the foreign
representation have cast their vote.
Forwarding ballots cast at foreign representations
§
71/C
(1) After closing the voting, the election committee at the foreign
representation will place the register, the register of rejected citizens, the
minutes made out on extraordinary events, the records made of printed
ballot-papers, unused and spoiled ballot papers bundled separately, and the
minutes made out on closing the voting in the ballot-box, without opening it,
and will seal the ballot-box in such fashion that no ballot-paper can be either
placed into or taken out of it.
(2) The closed ballot-box will be immediately transported by the election
office at the foreign representation to the National Election Office until 12
p.m. on the 4th day after the polling day in Hungary.
(3) If the ballot-box fails to arrive at the National Election Office the way
determined in paragraph (1) in closed condition or within the time frame
determined in paragraph (2), the ballots therein shall not be taken into
consideration when determining the result, the ballot-box shall be stored
without being opened, and both the ballot-box and its contents shall be
annihilated after 90 days after the election. Whether the ballot-box is not in
closed condition determined in paragraph (1) will be decided by the National
Election Committee.
CHAPTER IX
AGGREGATING BALLOTS
Counting ballots
§ 72 (1) The members of the ballot counting committee present
are obliged to count each ballot-paper jointly.
(2) The ballot counting committee shall first arrange unused and spoiled
ballot-papers into separate bundles and seal the bundles in such fashion that
no ballot-paper can be either removed or inserted without damaging the seal.
(3) Before opening the ballot-box the ballot counting committee shall check if
the ballot-box is undamaged, open the ballot-box and make sure of the existence
of the review sheet, then compare the number of the ballot papers in the
ballot-box to the number of persons having cast votes in the electoral
district, and ignore the empty envelopes cast into the ballot-box.
(4) After that, the ballot counting committee shall arrange the invalid
ballot-papers into a separate group and count them up; write the reason for
invalidity on the back of the ballot-paper, which must be signed by the members
of the ballot counting committee present; arrange invalid ballot-papers into a
separate bundle, and seal the bundle in such fashion that no ballot paper can
be either removed or inserted without damaging the seal. The serial number of
the electoral district and the number of ballot-papers included in the bundle
must be written on the bundles.
(5) If the ballot counting committee ascertains that the ballot-box contains a
ballot-paper cast by a person not having right to vote in the given electoral
district, it shall declare one vote per candidate out of the valid votes cast
on candidates invalid in accordance with the number of persons having voted
unlawfully.
(6) The valid ballot-papers shall be counted separately for each candidate, and
then shall be arranged into bundles in compliance with paragraph (4). The
number of valid votes shall be written on the bundles separately for each
candidate.
(7) Ballots shall be counted at least twice.
Determining the result
§ 73 (1) After having counted the ballots, the ballot counting
committee shall determine the electoral district result of the election.
(2) Appeals against the decision of the ballot counting committee determining
the electoral district results lie only together with an appeal against the
decision of the election committee determining the election results.
(3) The competent election committee shall on the grounds of the minutes made
by the ballot counting committees aggregate the ballots and determine the
result of the election the latest on the day following the polling day.
(4) Appeals may be lodged against the decision of the election committee
determining the election results by referring to
a) the unlawful nature of the decision of the ballot counting committee
determining the electoral district results, or
b) the violation of the rules of aggregating the electoral district results and
determining the election results.
(5) If the appeal lodged pursuant to Section (4) a) can be adjudged only
through recounting the ballots, and there is a mathematical possibility that
the results will change, the election committee adjudging the appeal, or the
court adjudging the application for judicial revision is obliged to recount the
ballots. When recounting the ballots the term available for adjudging the
appeal or the application for judicial revision will be extended to become
twice as long, and the election committee or the court may use the contribution
of the members of election committees.
(6) After the ballot counting committee has determined the results of voting in
the electoral district, the ballots shall not be recounted unless pursuant to
paragraph (5).
Checking voting documents of foreign representations
§
73/A
(1) The National Election Committee will examine the documents in the
ballot-box arrived from foreign representations and as part of that will check
the outside envelope and the statement on voting arrived from the foreign
representation - without opening the inside envelope that contains the ballot -
on the basis of the data of the register at foreign representations, in order
to ascertain if the ballot has been cast by the person entitled to do so.
(2) The voting documents shall be invalid if
a) the voter is not included in the register at the foreign representation,
b) the voter has not signed the outside envelope, and the envelope has not been
sealed or is damaged,
c) the statement on voting or the inside envelope containing the ballot is
missing from the envelope,
d) the inside envelope has not been sealed,
e) the statement does not contain the voter's particulars or signature,
f) the voter's particulars indicated on the statement differ from the particulars
indicated in the register at foreign representations,
g) the statement does not contain the authentication of the election office.
(3) If the voting document is invalid pursuant to paragraph (2), the reason for
this shall be indicated on the outside envelope, and the contents of the
outside envelope shall be placed in the outside envelope again, without opening
the inside envelope that contains the ballot. These envelopes shall be bundled
separately, and shall be stored at a safe place in the election office until
they are annihilated.
(4) If the voting document is not invalid pursuant to paragraph (2), the inside
envelope that contains the ballot shall be stored, without opening it, by the
election committee until all outside envelopes have been opened. The statement
on voting shall be bundled separately.
Minutes
§
74
(1) Minutes shall be made on counting up the ballots and determining the
electoral district and election results. Minutes may not be drawn up with
pencil.
(2) Minutes shall be made in two copies, which must be signed by the members of
the ballot counting committee present.
(3) The relevant election committee shall deliver one copy of the minutes
together with the resolutions that belong to them to each candidate's
representative present, at their request, free of charge. After multiplication,
the copy shall be authenticated by the chairman of the election committee by
affixing a seal to it and signing it.
§ 75 (1) The ballot counting committee shall immediately
transport the minutes, the election documents, forms and ballot-papers,
together with the ballot-box, to the local election office.
(2) One copy of the minutes may be inspected at the relevant election office in
three days from the polling day.
(3) The ballot-papers shall be placed at the mayor's office, in the presence of
the members of the relevant election committee, and shall be retained for 90
days in such fashion that unauthorised persons could not have access to them.
In the event of any reserve regarding the results of the election, the relevant
ballot-papers shall be retained until the case has been settled with legal
force. After 90 days, the election documents, except for the minutes, shall be
annihilated.
(4) After 90 days have passed, the first copy of the minutes shall be delivered
to the relevant archives.
Data sheet
§ 76 (1) The keeper of the minutes of the ballot counting
committee shall immediately make out a data sheet on the results of the
counting up of the ballots, and shall forward the data content of them out of turn
through the local election office, the parliamentary single mandate
constituency election office and the regional election office to the National
Election Office.
(2) The election offices shall publish the informative data containing the
unauthenticated results of the election.
CHAPTER X
LEGAL REMEDIES
Reserves
§ 77 (1) Reserves may be lodged by anybody by referring to the
infringement of any of the rules of law applying to elections or the basic
principles of elections and the electoral procedure (§ 3) (hereinafter jointly
referred to as violation). Reserves shall be lodged in such fashion that they
are received the latest in three days from the date of committing the violation
found injurious. The election committee shall decide the reserve submitted in
three days from receipt thereof, or, in the event of remittal, from receipt
thereof by the election committee entitled to adjudge it.
(2) Reserves shall contain
a) the indication of the violation,
b) the evidences of the violation,
c) the name, address (seat) and, if it is different from the address (seat),
the postal notify address of the person having submitted the reserve,
d) either the fax number or the electronic e-mail address, or the delivery
agent's name and fax number or electronic e-mail address of the person
submitting the reserve within his/her own discretion.
(3) If the election committee deems that the election committee to whom the
reserve has been submitted to is not entitled to adjudge it, the election
committee will refer the case, the latest on the day following the date of the
receipt thereof, to the election committee entitled to adjudge it, which is
obliged to act in the case.
(4) The election committee may assign its powers pursuant to paragraph (3) to
the chairman of the committee. If the election committee or its chairman does
not refer the case to another election committee, the election committee will
be obliged to act in the case.
(5) If it fails to arrive on time or contain what is set forth in clauses a)-c)
of paragraph (2), the reserve shall be dismissed without examining it on the
merits. If the reserve is referred to another committee, compliance with
submitting the reserve within the defined time frame shall be examined
regarding the date when it was received by the first election committee.
(6) The reserve may be withdrawn until the adoption of the election committee's
resolution; however, the election committee may continue the procedure ex
officio.
(7) Reserves against the activity of election offices at foreign representations
will be decided by the National Election Committee. The reserve shall be lodged
with the head of the election office at the foreign representation, who shall
immediately forward it to the National Election Office by fax or in electronic
format. The reserve may be also submitted directly to the National Election
Office.
§ 78 (1) If the election committee sustains the reserve, it will
a) establish the fact of violation,
b) bar the violator from further violation,
c) annul the election procedure or the part thereof affected by the violation,
and cause it to be repeated.
(2) It does not exclude the annulment and repeated conduction of voting if the
time frame available for submitting appeals pursuant to § 73 has passed without
any result or the remedial proceedings have been closed.
(3) If the election committee does not sustain the reserve, it will dismiss it.
Appeals
§ 79 (1) Appeals against the election committee's resolution of
the first instance may be submitted by any voter, candidate, nominating organisation
or legal person concerned in the case.
(2) The appeal may be lodged
a) by referring to violation of rules of law, or
b) against the resolution of the election committee adopted in its
discretionary jurisdiction.
(3) No appeal lies against the resolution adopted by the election committee
acting as a body of the second instance, and against the resolution of the
National Election Committee.
§ 80 (1) The appeal shall be addressed to the election committee
having adopted the resolution contested (appeals against the decision of the
ballot counting committee to the election committee entitled to adjudge the
case).
(2) The appeal shall be submitted in such fashion that it is received by the
election committee defined in paragraph (1) the latest in three days from the
adoption of the resolution contested.
(3) Appeals against the election committee's decision regarding the approval of
the data content of the ballot paper shall be submitted in such fashion that it
is received the latest on the day following the decision of the election
committee. The election committee adjudging the appeal will decide the case the
latest on the day following the submission of the appeal.
(4) The appeal shall contain
a) the grounds of the appeal pursuant to Section § 79 (2),
b) the name, address (seat) and, if it is different from the address (seat),
the postal notify address of the person having submitted the appeal,
c) either the fax number or the electronic e-mail address, or the delivery
agent's name and fax number or electronic e-mail address of the person
submitting the appeal within his/her own discretion.
(5) In the appeal new facts or evidences may be also brought up.
(6) The appeal may be withdrawn until the adoption of the election committee's
resolution; however, the election committee may continue the procedure ex
officio.
(7) The appeal together with all of its documents shall be addressed on the day
it is received to the election committee entitled to adjudge it. When
submitting the appeal, the election committee acting as a body of first
instance may make a statement on its standpoint taken on the appeal.
Appellate procedure
§ 81 (1) The appeal will be decided by the election committee
entitled to adjudge it in three days from receipt thereof.
(2) Appeals that fail to arrive on time, or have been submitted not to the
election committee defined in Section § 81 (1), or fail to contain what is set
forth in Section § 80 (4) a)-b) shall be dismissed without examining them on
the merits. The appeal may not be dismissed if the party entitled submits it
within the defined time frame to the election committee entitled to adjudge it.
(3) On the grounds of the appeal, the election committee entitled to adjudge it
will examine the resolution found injurious and the procedure preceding it.
(4) The election committee acting as a body of the second instance will
a) sustain the resolution contested by the appeal, or will
b) change it.
(5) The resolution adopted in the appellate procedure will be communicated by
the election committee having acted as a body of the second instance to the
appellant and those to whom the resolution of the first instance has been made
known.
(6) The election committee acting as a body of the second instance will return
the documents sent in order to adjudge the appeal together with the resolution
to the election committee acting as a body of first instance in five days from
the adoption of the resolution, or, in the event of submitting a request for
judicial revision, from the adjudging thereof.
Judicial revision
§ 82 (1) Applications for judicial revisions against the
election committee's resolution of the second instance, and against the
resolution of the National Election Committee may be submitted by any voter,
candidate, nominating organisation, or legal person concerned in the case.
(2) The application for judicial revision may be submitted
a) by referring to violation of rules of law, or
b) against the election committee's resolution adopted in its discretionary
jurisdiction.
(3) Judicial revision shall not be conducted unless the right of appeal in the
appellate procedure has been exhausted, or appealing is excluded pursuant to
the provisions of this law.
(4) Applications for judicial revision may be withdrawn.
§ 83 (1) Applications for judicial revision shall be addressed
to the election committee having adopted the resolution contested.
(2) Applications for judicial revision shall be submitted in such fashion that
they are received the latest in three days from the adoption of the resolution
contested by the election committee defined in paragraph (1).
(3) Applications for judicial revision against the election committee's
decision regarding the approval of the data content of the ballot paper shall
be submitted in such fashion that they are received the latest on the day
following the date of the election committee's decision. The court adjudging
the application for judicial revision will adopt its decision the latest on the
day following the day the application for judicial revision is addressed to it.
(4) The application for judicial revision shall contain
a) the indication of the legal grounds pursuant to Section § 82 (2),
b) the name, address (seat) and, if it is different from the address (seat),
the postal notify address of the person having submitted the application,
c) either the fax number or the electronic e-mail address, or the delivery
agent's name and fax number or electronic e-mail address of the person
submitting the application within his/her own discretion.
(5) In the application for judicial revision new facts and evidences may be
brought up.
(6) The application for judicial revision together with all of its documents
will be addressed by the election committee on the day it is received to the
court entitled to adjudge it. When submitting the application, the election
committee adopting the resolution contested may make a statement on its
standpoint taken on the application for judicial revision.
(7) The application for judicial revision will be adjudged by the competent
county, metropolitan court of the seat of the election committee adopting the
resolution of the second instance. Applications for judicial revision against
the resolution of the National Election Committee will be adjudged by the
Supreme Court.
Judicial revision procedure
§ 84 (1) In the judicial revision procedure it is compulsory to
provide representation by counsel. Persons having taken special examination in
law may act in their own case without representation by counsel.
(2) The court shall decide the application for judicial revision in non-legal
proceedings, in a council consisting of three professional judges.
(3) The application for judicial revision will be decided by the court in three
days from the day it is addressed to it.
(4) Applications for judicial revision that fail to arrive on time, have been
submitted not to the election committee defined in Section § 83 (1), or fail to
contain what is set forth in Section § 83 (4) a) and b), shall be dismissed
without examining them on the merits
(5) The application may not be dismissed if the appellant has submitted it
within the defined time frame to the court entitled to adjudge it. In this
case, by directly contacting the head of the regional election office, the
court shall immediately arrange for obtaining the documents and allow the
election committee to submit its standpoint taken on the application for
judicial revision.
(6) On the grounds of the application for judicial revision, the court will
examine the resolution found injurious and the procedure preceding it. On the
appellant's request, the court ensures that an oral statement could be made. In
this case, it shall be made possible also for the adverse party to make an oral
statement.
(7) The court
a) will sustain the resolution contested, or
b) will change it.
(8) The decree adopted in the judicial revision will be communicated by the
court to the appellant and those to whom the resolution of the second instance
has been made known.
(9) Except for personal data, the court will publish its decree.
(10) Against the court's decree no further legal remedy lies.
§ 85 The provisions set forth in this chapter shall be applied to legal remedy regarding the compilation of the register, the media campaign, and the determination of the results, with deviations set forth in Section § 20/E, § 44/A and § 73.
PART TWO SPECIAL PROVISIONS
CHAPTER
XI
THE ELECTION OF MEMBERS OF PARLIAMENT
§ 86 The provisions of Chapters I-X shall be applied with regard to the election of the Members of Parliament with the deviations set forth under this Chapter.
The call for the election
§
86/A
(1) The second round of the election of Members of Parliament shall be called,
simultaneously with calling the first round, for the 14th day following the
first round.
(2) By-elections are called by the National Election Committee.
(3) By-elections shall be called for a date within four months from the date
the seat becomes vacant. If the by-election is invalid or inconclusive, the
next by-election shall be called for a date within four months from the date of
the invalid or inconclusive election.
(4) By-elections shall not be called for a date between 1 January and 31 August
in the year of general elections.
The publicity of the electoral procedure
§ 87 (1) About the second round of the election the competent
election committee will inform voters through an announcement or an election
bill.
(2) The result of the election is published by the National Election Committee
through the press.
(3) The final result of the election aggregated nationally is published by the
National Election Committee in the Official Gazette of Hungary.
(4) The observer at the foreign representation shall be notified until the 16th
day preceding the first round of the election (the polling day in Hungary).
Constituencies, electoral districts
§ 88 Principles of establishing constituencies:
a) the single mandate constituency shall be within the territory of the
capital, county,
b) the entire territory of the settlement municipality shall be within the
single mandate constituency; in the capital the single mandate constituency may
cover two or more district municipalities of the capital; districts of the
capital and cities having county rights may be divided into two or more single
mandate constituencies,
c) the seat of the single mandate constituency shall be, preferably, in a
town/city,
d) a town/city and its draw area may constitute one constituency,
e) the regional constituency is identical with the territory of the capital or
the county.
Registration of suffrage
§ 89 (1) Voters who are away from their address but stay on the
territory of Hungary on polling day may by presenting a certificate obtained
from the head of the local election office of their address request of the head
of the local election office, or, on polling day, the ballot counting committee
of the settlement where they stay on the polling day to enter them in the
register. On the strength of such certificate, citizens may vote at the
settlement where they stay.
(2) Simultaneously with issuing the certificate, the head of the local election
office of the address shall delete the voter from the register. On the grounds
of the voter's statement, the settlement where the voter intends to vote shall
be indicated in the certificate, and shall be stated in the register. Receipt
of the certificate shall be acknowledged by the voter, or the person authorised
by the voter on the strength of an authorisation made out for this purpose, by
signature.
(3) On the grounds of the certificate and a card suitable for proving identity
and address, the head of the local election office of the place of residence or
the ballot counting committee shall enter the voter in a special register. The
certificate and the special register shall be preserved as part of the election
documents.
(4) The certificate may be issued the latest on the second day before the first
round. The certificate may be requested either personally or through an
authorised delegate. The certificate may be requested also by registered mail,
on condition that it is received by the competent local election office the
latest before the 5th day prior to the first round. The settlement where the
voter intends to vote shall be indicated in the letter. The certificate
requested in the letter shall be sent by certified mail with receipt of
delivery requested to the voter to the address given by him or her.
(5) In order to issue the certificate, the person requesting the certificate
shall disclose his/her name, personal identification number, address, the name
of the settlement where he/she stay on polling day, and shall state if he/she
requests the certificate for the first or the second, or both rounds of the
election.
§
89/A
After the day preceding the first round of the election, the register shall not
be modified because of change in the address.
§
89/B
(1) Inclusion in the register at foreign representations shall be applied for
until the 23rd day preceding the first round of the election (the polling day
in Hungary).
(2) In the application for inclusion in the register at foreign
representations, the voter is obliged to indicate whether he/she requests
his/her inclusion in the register at foreign representations for the first, the
second round or both rounds of the election.
(3) The application shall be dismissed if it does not contain the data pursuant
to paragraph (2).
(4) The register at foreign representations also indicates the constituency and
the election round.
(5) The head of the local election office shall send the data of the register
at the foreign representation to the National Election Office until the 15th
day prior to voting in Hungary.
(6) The National Election Office shall send the data of the register at foreign
representations also to the competent parliamentary single mandate constituency
election committee.
Election bodies
§ 90 (1) In the election of Members of Parliament the following
election committees shall operate:
a) ballot counting committee;
b) local election committee fulfilling the duties of the ballot counting
committee at settlements having one constituency;
c) parliamentary single mandate constituency election committee;
d) regional election committee;
e) National Election Committee.
(2) In the election of Members of Parliament the following election offices
shall operate:
a) local election office;
b) election office at foreign representations;
c) single mandate constituency election office;
d) regional election office;
e) National Election Office.
The powers of election committees
§
90/A
(1) The ballot counting committee shall
a) check the polling station, conduct voting, arrange for the lawful
implementation of voting,
b) decide disputes arising during voting,
c) count the ballots, and determine the result in the electoral district, and
make out minutes thereof,
d) propose for the competent election committee to annul the results of the
electoral district if it notices any violation of law that affects the results
on the merits.
(2) The parliamentary single mandate constituency election committee shall
a) decide the registration or refusal of candidates in single mandate
constituencies and of nominating organisations that intend to put forward
candidates only in one single mandate constituency,
b) approve the data content of the ballot paper of the single mandate
constituency,
c) decide reserves regarding the election in single mandate constituency,
d) decide appeals against resolutions adopted by the ballot counting committee
pursuant to clause a) and b) paragraph (1) that concern exclusively the
election in single mandate constituency, and that concern both the single
mandate constituency and regional list elections,
e) annul the results of voting if it establishes any violation of law that
affects it on the merits,
f) determine and publish the results of the election in single mandate
constituency,
g) issue the letter of appointment to the representatives in the parliamentary
single mandate constituency,
h) initiate the call for by-election with the National Election Committee,
i) initiate the decision of the body having powers, in case any violation of
law is made known to it.
(3) The regional election committee shall
a) decide the registration or refusal of lists and the candidates included in
them, and nominating organisations that intend to put forward candidates only
in one county/the capital,
b) draw the sequence number of regional lists,
c) approve the data content of the ballot papers of regional lists,
d) decide reserves regarding the election of regional lists,
e) decide appeals against the resolution adopted by the ballot counting committee
pursuant to clause a) and b) paragraph (1) that concern exclusively the
election of regional lists,
f) decide appeals against the parliamentary single mandate constituency
election committee,
g) annul the results of voting, if it establishes any violation of law that
affects it on the merits,
h) determine and publish the results of the election in the regional
constituency,
i) issue the letter of appointment to representatives who have obtained a seat
on a regional list,
j) initiate the decision of the body having powers, in case any violation of
law is made known to it.
(3) The National Election Committee shall
a) issue a standpoint in order to develop a uniform interpretation of rules of
law and uniform legal practice regarding the elections; the standpoint works as
a guideline, no appeal against it lies; the standpoint shall be published in
the Official Gazette of Hungary,
b) decide the registration or refusal of national lists and the candidates
included in them, and of nominating organisations that intend to put forward
candidates in several counties/in the capital,
c) draw the sequence number of national lists,
d) decide reserves regarding the activity of election offices at foreign
representations, and any reserve that do not fall within the competence of the
parliamentary single mandate constituency election committee, or the regional
election committee,
e) decide appeals against the resolution of the regional election committee,
f) annul the result of voting, if it establishes any violation of law that
affects it on the merits,
g) determine which nominating organisations have reached the % voting threshold
of the extent defined in law,
h) determine who have won a mandate in the elections of Members of Parliament
out of the candidates on national lists,
i) issue the letter of appointment to the representatives who have obtained a
mandate on national lists,
j) determine and publish the nationally aggregated results of the elections,
k) call the by-election of Members of Parliament, and determine the deadlines
thereof calculated according to calendar days,
l) initiate the decision of the body having powers, in case any violation of
law is made known to it,
m) report on the general elections of Members of Parliament to the Parliament.
Election campaign
§ 91 (1) Each nominating organisation that puts forward
candidates in elections is entitled to budgetary support in proportion to
putting forward candidates. Independent candidates are given budgetary support
equal to the support received by the candidates of nominating organisations.
The amount of funds that can be spent on budgetary support nationally shall be
determined by the Parliament.
(2) When determining the support per candidate, the number of candidates in
single mandate constituencies, the number of candidates on regional lists split
per political parties but maximum the number of candidates identical with the
number of obtainable mandates, and the number of candidates actually included
in national lists but maximum 58 per party shall be taken into consideration.
The person nominated both in a single mandate constituency and on a list, or
both on a regional and a national list shall be considered in accordance with
the number of nominations.
(3) The allocation of the budgetary support that can be spent on elections will
be implemented to nominating organisations in one amount, to independent
candidates per person, on the grounds of the decision of the National Election
Committee, in 5 days from thereof, by the Ministry of Finance or the financial
institution designated by it.
(4) The budgetary support defined in paragraph (1) shall serve to cover only
material costs. Nominating organisations and independent candidates shall
account for the utilisation of the support in 30 days after the elections at the
point of payment.
§ 92 (1) In addition to the budgetary support set forth in § 91,
independent candidates and nominating organisations may spend maximum one
million Hungarian forints per candidate on the elections. The number of
candidates that can be considered shall be determined pursuant to Section § 91
(2).
(2) Each nominating organisation and independent candidate shall publish the
amount, resource and method of utilisation of state subsidies and other funds,
financial supports spent on the elections in the Official Gazette of Hungary,
in 60 days after the second round o the elections.
(3) The utilisation of public and other funds spent the elections will be
examined by the State Audit Office in one year after the second round of the
elections ex officio regarding the nominating organisations and independent
candidates having won parliamentary representation, and at the request of other
candidates, nominating organisations regarding other candidates and nominating
organisations. The application for such examination shall be submitted in 3
months after the second round of the elections. A motion of evidence shall be
attached to the application.
(4) The nominating organisation or independent candidate that has violated the
rule set forth in paragraph (1), is obliged to pay the double amount of the
value by which it has exceeded the defined limit in 15 days to the central
budget, and this amount shall be used for preparing first-time voters. In case
of delay the debt shall be collected as tax.
§ 93 (1) National public service program providers shall publish
the political advertisements of nominating organisations putting forward
national lists, regional public service program providers shall publish the
political advertisements of nominating organisations putting forward regional
lists in their region of reception, local public service program providers
shall publish the political advertisements of candidates announcing themselves
in single mandate constituencies in their region of reception from the 18th day
preceding the elections the latest until the 3rd day before the elections, at
least once, free of charge.
(2) On the last day of the election campaign the program providers defined in
paragraph (1) shall publish the political advertisements produced by nominating
organisations and candidates pursuant to the provisions set forth in paragraph
(1), free of charge.
Proposal
§ 94 (1) Regional lists and the candidates included in them
shall be notified the latest on the 20th day prior to voting, national lists
and the candidates included in them on the 19th day prior to voting.
(2) The right of presenting lists shall not be affected by the fact that the
candidate in the single mandate constituency has fallen out.
§ 95 (1) The linking of lists, the order of linked lists and the
order of access to mandate of the candidates indicated on the lists shall be
notified the latest on the 18th day prior to voting. The notification regarding
linking lists will be published by the election committee.
(2) When drawing the order of the lists, the lists taking part in linking shall
be drawn jointly; the lists taking part in linking will be given a consecutive
sequence number, in accordance with the order notified pursuant to paragraph
(1).
(3) The distribution of fragmentary votes of joint candidates and joint
regional lists shall be notified the latest on the 18th day prior to voting.
The notification will be published by the election committee.
(4) Simultaneously with presenting a joint list, it shall be notified which
nominating organisation has put forward each candidate.
Voting
§ 96 (1) A separate ballot paper serves voting on single mandate
constituency candidates and another one voting on regional lists.
(2) The ballot paper of single mandate constituencies contain the candidates'
officially used first name(s) and family names in alphabetic order, the
distinguishing mark pursuant to Section § 52 (3), and the name of the
nominating organisation, and the fact of independent nomination.
(3) The regional list ballot paper contains the name of nominating
organisations in the order drawn by the election committee. On the ballot
paper, the names of the first five candidates out of the candidates put forward
on the list and the fact of possible linking of lists shall be indicated in the
order notified by the nominating organisation.
(4) On each ballot paper, at the request of the nominating organisation, the
abbreviated form of its name, the black-and-white print of its symbol or badge
shall be indicated beside the name of the nominating organisation.
(5) In the event of putting forward joint candidates or setting up joint lists,
the name of each nominating organisation shall be indicated on the ballot
paper.
Voting at foreign representations
§
96/A
(1) In the first round, votes may be cast at foreign representations on the 7th
day before the polling day in Hungary, between 6 a.m. and 7 p.m. local time. At
the foreign representations where the time difference is -1 hour or -2 hours
compared to Central European time zone, between 6 a.m. local time and 7 p.m.
CET. At foreign representations established on the American continent votes may
be cast on the 8th day prior to voting in Hungary, between 6:00 a.m. and 7:00 p.m. local time.
(2) The election committee at the foreign representation will indicate on the
outside envelope the description of the parliamentary single mandate
constituency on the ballot paper of which voters cast their ballot.
Forwarding ballots cast at foreign representations
§
96/B
(1) In the event of the first round of parliamentary elections, the ballot box
shall arrive at the National Election Office until 12:00 p.m. on the 3rd day before
voting in Hungary.
(2) The National Election Committee will open the ballot-boxes that have
arrived on time, and the chairperson of the National Election Committee or the
person delegated by him/her will hand over the voting documents containing the
ballots cast at foreign representations, without opening the outside envelope,
to the chairperson of the competent parliamentary single mandate constituency
election committee or the person delegated by him/her.
(3) If the description of the parliamentary single mandate constituency is not
indicated on the envelope containing the ballots cast at the foreign
representation, the National Election Committee will bundle the envelope
separately, without opening it, as a document of ballots not cast, and will set
forth this fact in special minutes.
(4) In parliamentary elections the duty defined in Section § 73/A shall be
fulfilled by the parliamentary single mandate constituency election committee
a) in the first round of the elections, on polling day in Hungary,
b) in the second round of the elections, immediately after the voting documents
have arrived.
Aggregating the ballots
§ 97 The rules of counting ballots and making out minutes shall
be applied separately with regard to ballot papers of single mandate
constituencies and ballot papers of regional lists.
§
97/A
(1) The parliamentary single mandate constituency election committee will place
the inside envelopes set forth in Section § 73/A (4) that contain the foreign
representation ballots, without opening them, into a transport envelope, on
which the number of the envelopes placed into it shall be indicated. The
transport envelope shall be authenticated by the members of the parliamentary
single mandate constituency election committee by signing it, and by the head
of the committee by affixing a stamp to it. The parliamentary single mandate
constituency election committee shall record the number of the inside envelopes
in separate minutes. The chairman of the parliamentary single mandate
constituency election committee shall hand over the transport envelope and one
copy of the minutes to the head of the ballot counting committee located at the
seat of the parliamentary single mandate constituency, designated by the
parliamentary single mandate constituency election committee.
(2) The ballot counting committee set forth in paragraph (1) will mix the
envelopes that contain the ballot papers cast at foreign representations,
without opening them, with the envelopes that contain the ballots cast at the
electoral district.
(3) In the second round of the election, the ballot counting committee set
forth in paragraph (1) will after closing voting seal the ballot-box in such
fashion that no ballot-paper can be either put into or taken out of it. The
ballot counting committee will hand over the ballot-box to the parliamentary
single mandate constituency election committee, which arranges for its safe
storage.
(4) In the second round of the elections, the parliamentary single mandate
constituency election committee will the latest on the 6th day following voting
in Hungary hand over the ballot-box and the envelopes that contain the
ballot-papers set forth in Section § 73/A (4) to the ballot counting committee
set forth in paragraph (1), which will immediately carry out the tasks
determined in this §, and in Chapter IX, except for § 76.
§ 98 (1) The electoral district minutes shall be forwarded to
the parliamentary single mandate constituency election committee and the
regional election committee.
(2) The parliamentary single mandate constituency election committee will
aggregate the ballots on the basis of the minutes of the ballot counting
committees, and will determine the constituency result of the election, and
will record it in minutes. The minutes shall be forwarded to the National
Election Committee.
(3) The regional election committee will aggregate the ballots on the grounds
of the minutes of the ballot counting committees, and determine the number of
valid ballots cast on lists, and record it in minutes. The minutes shall be
forwarded to the National Election Committee.
(4) On the grounds of the minutes of regional election committees, after they
have arrived, the National Election Committee will determine the percentage
limit and that which regional lists can obtain mandates; and will immediately
inform regional election committees about this fact, which determine the result
of the regional constituency elections, and record it in minutes.
(5) On the grounds of the minutes of single mandate constituency and regional
election committees, after they have arrived, the National Election Committee
will aggregate the fragmentary votes cast on candidates in single mandate
constituencies and on lists, and determine that on the basis of that who have
won mandates out of the candidates of national lists.
Filling vacant seats
§ 98/A. If a representative elected on a regional list or national list falls out, the nominating organisation may notify a candidate obtaining the seat to replace such representative falling out to the competent election committee in 30 days from the seat having become vacant.
Legal remedy
§ 99 (1) Appeals against the decision of the election committee
determining the result of the elections [Section § 90/A (2) f), Section § 90/A
(3) h)] shall be submitted in such fashion that it arrives the latest on the
day following the decision of the election committee. The election committee
entitled to adjudge the appeal will decide the appeal the latest on the day
following the receipt thereof. Application for judicial revision against the
resolution of the election committee shall be submitted in such fashion that it
arrives the latest on the day following the decision of the election committee.
The court will decide the application the latest on the day after it is
addressed to it.
(2) If the election committee or the court have the election repeated, the
election committee shall call the repeated election for the seventh day from
the date of the election caused to be repeated.
CHAPTER XI/A
THE ELECTION OF THE MEMBERS OF THE EUROPEAN PARLIAMENT
§ 99/A. The provisions of Chapter I-X, and § 89 § 93 shall be properly applied in the election of the Members of the European Parliament with the deviations set forth in this chapter, providing that national program providers shall publish the political advertisements of nominating organisations setting up a list at least three times free of charge.
The call for the election
§ 99/B. The election shall be called for a date within the period determined by the European Community.
The publicity of the electoral procedure
§
99/C.
(1) The result of the election is published by the National Election Committee
through the press. The informative data containing the unofficial result of the
election and the result of the election may be published only after voting has
finished in all the Member States of the European Union.
(2) The final result of the election aggregated nationally is published by the
National Election Committee in the Official Gazette of Hungary.
REGISTERING SUFFRAGE
Special conditions of compiling the register
§
99/D.
(1) Before 1 March of the year of the election, the National Election Office
shall in a letter inform the citizens of other Member States of the European
Union having domicile in Hungary about the conditions and the way of their
right to vote; simultaneously, except for the citizens included in the register
set forth Section § 99/E (3) which contains particulars of citizens of other
Member States of the European Union added to the list earlier and not deleted
from it, shall send them the form necessary for entering them in the register.
(2) Citizens of another Member State of the European Union who
are not included in the register under Section § 99/E (3), may ask the head of
the local election office of their domicile before 30 April of the year of the
election to enter them in the register. The application shall include
a) the applicant's first name and family name,
b) the applicant' personal identification number,
c) the applicant's place of birth,
d) the applicant's domicile in Hungary, and the reference number of the
document certifying the personal identification number and the address,
e) the applicant's nationality,
f) the applicant's statement that they exercise their right to vote only in the
Republic of Hungary, and
g) the settlement, electoral district or constituency where the applicant was
last included in the register in the State of the applicant's citizenship.
(3) The head of the local election office shall, on the strength of an
application pursuant to paragraph (2), enter the applicant in the register
before 4 May, if they are not included in the register of major citizens
disfranchised.
(4) The head of the local election office shall immediately inform applicants
that they have been entered in the register or that their inclusion in the
register has been rejected, by sending them the resolution.
(5) Before 10 May of the year of the election, the head of the local election
office shall forward the following data of the citizens of other Member States
of the European Union entered in the register pursuant to paragraph (3) to the
central office of particulars and address register:
a) the applicant's first name and family name,
b) the applicant's personal identification number,
c) the applicant's place of birth,
d) the applicant's domicile in Hungary,
e) the applicant's citizenship,
f) the settlement, electoral district, constituency where the applicant was
last included in the register in the State of their citizenship.
§
99/E.
(1) The central office of particulars and address register maintains the
register of the citizens of other Member States of the European Union
registered. Citizens entered in the register pursuant to Section § 99/D shall
be added to the list.
(2) The register of the citizens of other Member States of the European Union
registered shall contain citizens' particulars pursuant to Section § 99/D (5).
(3) The register of the citizens of other Member States of the European Union
registered shall be closed on polling day. In February of the year of the next
European Parliamentary elections the register shall be updated with data taken
from the particulars and address register and the register of major citizens
disfranchised. Anyone whose right to vote has ceased, or who has requested that
they should be deleted from the register shall be deleted from the register.
(4) The central office of the particulars and address register shall supply
data from the register of the citizens of other Member States of the European
Union registered, in 3 days from calling for the European Parliamentary
elections, to the head of the competent local election office of the citizen's
domicile, who shall when compiling the register of voters enter the citizens
included in such register in the register of voters.
§
99/F.
Before 20 May, the National Election Office shall, on the strength of the
supply of data by the central office of particulars and address register,
inform the central bodies of the Member States of the European Union competent
to receive such data during the European Parliamentary elections about their
citizens who are included in the register of the citizens of other Member States
of the European Union registered as set forth in § 99/E. The notification shall
contain the following particulars of the persons concerned:
a) first name and family name,
b) gender,
c) date and place of birth,
d) citizenship,
e) the settlement, electoral district or constituency where the citizens
concerned were last included in the register of the State of their citizenship.
§
99/G.
(1) In the European Parliamentary elections, on the strength of the
notification received about Hungarian citizens entered in the register of
voters in other Member States of the European Union, the voters concerned shall
be entered in the register of voters exercising their right to vote abroad.
This register is maintained, in compliance with provisions set forth with regard
to maintaining the register of major citizens disfranchised, but separately
from it, by the central office of particulars and address register. On the
grounds of continuous supply of data received from the central office of
particulars and address register, the voters included in the register of voters
exercising their right to vote abroad
a. shall not be entered in the register, or
b. shall be deleted from the register, and shall be immediately informed of
this fact at their address in Hungary
by the head of the local election office.
(2) On the strength of notification received from the National Election Office,
the head of the local election office shall delete the citizens of other Member
States of the European Union who have indicated in another Member State of the European Union
that they intend to vote there from the register, and immediately inform them
at their address in Hungary.
§ 99/H. At the request of the bodies of the Member States of the European Union entitled to handle data during the European Parliamentary elections, the central office of particulars and address register shall immediately supply data from the register of major citizens disfranchised on the suffrage of Hungarian citizens requesting that their name should be entered in the register in the Member State concerned in the European Parliamentary elections.
Register at foreign representations
§
99/I. c.
§ 99/J. c.
Election bodies
§
99/K.
(1) In the European Parliamentary elections the following election committees
are operated:
a) ballot counting committees,
b) local election committees carrying out the tasks of ballot counting
committees at settlements having one constituency,
c) regional election committees,
d) the National Election Committee.
(2) In the European Parliamentary elections the following election offices are
operated:
a) local election offices,
b) election offices at foreign representations,
c) parliamentary single mandate constituency election offices,
d) regional election offices,
e) the National Election Office.
(3) The ballot counting committee shall
a) check the polling station, conduct voting, arrange for the lawful
implementation of voting,
b) decide disputes arising during voting,
c) count the ballots, and determine the result in the electoral district, and
make out minutes thereof,
d) propose for the competent election committee to annul the results of the
electoral district if it notices any violation of law that affects the results
on the merits.
(4) The regional election committee shall
a) decide exclusively such election related reserves that concern its sphere of
competence,
b) decide appeals against the ballot counting committee's resolution adopted
pursuant to clause a) and b) paragraph (3),
c) initiate the decision of the body having powers, in the event any violation
of law is made known to it.
(5) The National Election Committee shall
a) issue a standpoint in order to develop a uniform interpretation of rules of
law and uniform legal practice regarding the elections, the standpoint works as
a guideline, no appeal lies against it; the standpoint shall be published in
the Official Gazette of Hungary,
b) decide the registration or dismissal of lists and the candidates included in
them and of nominating organisations,
c) draw the sequence number of lists,
d) approve the data content of the ballot paper of the election of the Members
of the European Parliament,
e) count the ballots cast at foreign representations, and determine the results
of voting at foreign representations, and make out minutes thereof,
f) decide reserves regarding the activity of election offices at foreign
representations, and any reserves that do not fall within the competence of the
regional election committee,
g) decide appeals against the ballot counting committee's resolution adopted
pursuant to clause c) paragraph (3),
h) decide appeals against the resolution of the regional election committee,
i) annul the results of voting if it establishes any violation of law that
affects it on the merits,
j) determine that the lists of which nominating organisations have reached the
% voting threshold of the extent defined in law,
k) determine who have obtained a seat out of the candidates on the lists,
l) determine and publish the result of the referendum,
m) issue the letter of appointment to the representatives who have obtained a
seat,
n) initiate the decision of the body having powers, in the event of any
violation of law is made known to it,
o) report on the referendum to the Parliament.
Proposal
§
99/L.
(1) The provisions set forth in Chapter VII with regard to proposing candidates
shall be properly applied to proposing lists.
(2) The list and the candidates included in the list shall be notified the
latest before the 30th day prior to voting by delivering proposal coupons to
the National Election Committee.
(3) Notification of citizens of other Members States of the European Union as
candidates shall contain:
a) the candidate's first name and family name,
b) the candidate's personal identification number,
c) the candidate's domicile in Hungary and the reference number of the official
certificate verifying their personal identification number and address,
d) the candidate's citizenship,
e) the settlement, electoral district, or constituency where they were last
included in the register in the State of their citizenship,
f) the candidate's statement that they will stand as candidate only in the
Republic of Hungary,
g) the candidate's statement that they have right to vote, accept nomination
and has no position that is incompatible with a representative's mandate, or
will resign from it in the event they are elected.
(4) To the notification of citizens of other Members Sates of the European
Union as candidates, a certificate issued by a competent authority of the
Member Sate of the candidate's citizenship shall be attached which verifies
that the candidate is not subject to any provision in the Member State of their
citizenship which stipulates that they may not be elected, or that the
competent authority has no knowledge of anything that might disqualify them.
(5) By forwarding the data pursuant to clause a), d) and e) paragraph (3), the
National Election Office shall inform the competent authorities of the Member
States of the European Union about their citizens who have been registered as
candidates by the National Election Committee.
(6) The National Election Committee shall refuse to register or shall delete
candidates who have been registered as candidates in other Member States of the
European Union.
Voting
§
99/M.
(1) The ballot paper contains the name of nominating organisations in the order
drawn by the National Election Committee.
(2) On the ballot paper, in addition to the name of the nominating
organisation, at the request of the nominating organisation, the abbreviated
form of its name, the black-and-white print of its symbol or badge shall be
indicated.
(3) In the event of fielding joint lists, the name of each nominating
organisation shall be indicated on the ballot paper, and each nominating
organisation may request that the abbreviated form of their name, the
black-and-white print of their symbol or badge should be indicated.
(4) On the ballot paper, in the order notified by the nominating organisations,
the name of as many candidates out of those put forward as candidates on the list
shall be indicated as many representatives may be elected.
§ 99/N. c.
Aggregating ballots
§
99/O.
(1) The ballots cast at foreign representations are counted by the National
Election Committee. The result of the voting at foreign representations is determined
by the National Election Committee in aggregated minutes.
(2) The National Election Office shall determine the result of the election on
the basis of the minutes made out by ballot counting committees and minutes
made out on the results of voting at foreign representations, the latest on the
6th day after voting.
(3) Independent motion lies against the decision of the ballot counting
committee determining the result of the electoral district to be adjudged by
the National Election Committee prior to determining the results of the
elections.
(4) Applications for judicial revision against the National Election
Committee's decision determining the results of the elections may be submitted
by making reference to the compilation of electoral district results, the
determination of the results of voting at foreign representations, or the
violation of rules regarding the determination of the results of the elections.
Legal remedy
§
99/P.
(1) Reserves against decisions of local election offices pursuant to Section §
99/D (3) and (4), Section 99/G (1) b) and (2) may be submitted in 3 days from
receipt of the resolution.
(2) Appeals for judicial revisions against the decisions of the National
Election Committee pursuant to Section § 99/L (6) may be submitted in 3 days
from receipt of the resolution.
Filling vacant seats
§ 99/Q. If an elected representative falls out, the political party may notify a candidate obtaining the seat to replace such representative falling out to the National Election Committee in 30 days from the seat having become vacant.
CHAPTER XII
THE ELECTION OF THE REPRESENTATIVES AND MAYORS OF LOCAL GOVERNMENTS, AND THE
MEMBERS OF LOCAL MINORITY MUNICIPALITIES
§ 100 The provisions of Chapters I-X, except for the provisions regarding the register at foreign representations and voting at foreign representations, shall be applied with regard to the election of the representatives and mayors of local governments, and the members of local minority municipalities (hereinafter referred to as "the local elections") with the deviations set forth under this Chapter.
Constituencies, electoral districts
§ 101 A constituency shall be:
a) in respect of the election of the members of county general assemblies, the
settlements with 10.000 or less inhabitants jointly, and the settlements with
more than 10.000 inhabitants jointly, without cities having county rights;
b) in respect of the election of the Mayor of the capital and the members of
the metropolitan general assembly, the capital;
c) in respect of the election of the mayor, the election of the representatives
of the local government of settlements with 10.000 or less inhabitants, as well
as the election of minority municipalities, the settlement;
d) in respect of the election in single mandate constituencies of the
representatives of the local government of settlements with more than 10.000
inhabitants, the constituency established to this effect.
§ 102 (1) The sequence number and the territory of single mandate
constituencies shall be determined by the head of the local election office on
the grounds of the number of the population as of 1 January in the year of the
election. In January each year, the head of the local election office shall
review the number, sequence number and territorial division of single mandate
constituencies, and publish its decision before 15 February the way it is
customary locally. The head of the local election office will normally monitor
changes affecting the establishment of single mandate constituencies, and take
the necessary measures, and publish its decision the way its is customary
locally.
(2) Reserves against the decision of the head of the local election office may
be lodged with the head of the regional election office in three days from the
decision, if the single mandate constituencies have been established within the
settlement in such fashion that the number of the population of individual
constituencies is disproportionate. The head of the regional election office
shall decide the reserve in three days. No further legal remedy lies.
(3) The provisions of paragraphs (1) and (2) shall be applied only in general
local municipality elections, and in by-elections due to the dissolution or
dissolving of the body of representatives.
Registration of suffrage
§ 104 (1) If the citizen has in addition to his/her domicile a
residence, the citizen may with a certificate requested from the head of the
local election office of his/her domicile ask the head of the local election
office of his/her place of residence, or, on polling day, the ballot counting
committee to enter him/her in the register. On the grounds of the certificate,
the citizen may vote at his/her place of residence.
(2) When issuing the certificate, the head of the local election office of the
domicile shall delete the citizen from the register. The certificate shall
indicate, on the grounds of the citizen's statement, the place of residence
where the citizen intends to vote, which shall be recorded in the register. The
receipt of the certificate shall be acknowledged by the citizen, or the person
delegated by him/her, on grounds of the authorisation issued to this effect, by
his/her signature.
(3) On the grounds of the certificate and the card suitable for verifying the
identity, the head of the local election of the place of residence or the
ballot counting committee shall enter the citizen in a special register. The
certificate and the special register shall be retained as part of the election
documents.
(4) Certificates may be issued the latest on the second day prior to voting.
Certificates may be applied for in person or through a delegate. Certificates
may be also applied for by registered mail, provided that such mail shall have
been received by the relevant local election office on the 5th day prior to voting.
The letter shall indicate the place of residence where the citizen intends to
vote. The certificate applied for in the letter shall be sent to the citizen to
the address determined by him/her by certified mail with receipt of delivery
requested.
(5) For issuing the certificate, the person applying for the certificate shall
disclose his/her name, personal identification number and address.
Election bodies
§ 105 (1) At the local elections the following election
committees shall operate:
a) ballot counting committee;
b) local election committee;
c) regional election committee;
d) National Election Committee.
(2) At the local elections the following election offices shall operate:
a) local election office;
b) parliamentary single mandate constituency election office;
c) regional election office;
d) National Election Office.
(3) The delegated member of the ballot counting committee and the local
election committee may stand as a candidate in another settlement, in the
capital in another district, the delegated member of the regional election
committee in another county.
The powers of election committees
§
105/A
(1) The ballot counting committee shall
a) check the polling station, conduct voting, arrange for the lawful
implementation of voting,
b) decide disputes arising during voting,
c) count the ballots, and determine the result in the electoral district, and
make out minutes thereof,
d) propose for the competent election committee to annul the results of the
electoral district if it notices any violation of law that affects the results
on the merits.
(2) The local election committee shall
a) call the local minority municipality elections,
b) decide the registration or refusal of the mayor, of candidates on common
regional lists and in single mandate constituencies, of candidates of minority
municipalities, of compensatory lists and nominating organisations that intend
to put forward candidates only in one settlement,
c) draw the sequence number of compensatory lists, minorities,
d) approve the data content of the ballot paper of the settlement,
e) decide reserves regarding the election of the mayor, the representatives,
the minority municipality,
f) decide appeals against resolutions adopted by the ballot counting committee
pursuant to clause a) and b) paragraph (1) that concern exclusively the
settlement election (the election of the mayor, the representatives, the
minority municipality), and that concern both the settlement and the regional
municipality election or the election of the mayor,
g) annul the results of the election of the mayor, the representatives, the
minority municipality if it establishes any violation of law that affects it on
the merits,
h) in the event of equal number of ballots, decide by a draw which candidate
will obtain a mandate in the common regional list or the minority municipality
election,
i) determine and publish the results of the election of the mayor, the
representatives of the local government and the minority municipality,
j) issue the letter of appointment to the mayor, the representatives of the
local government and the minority municipality,
k) call the by-election of the mayor, the representatives of the local
government and the minority municipality, and determine the deadlines
calculated according to calendar days,
l) initiate the decision of the body having powers, in case any violation of
law is made known to it.
(3) The regional election committee shall
a) decide the registration or refusal of county/metropolitan lists and the
candidates included in them, candidates for the Mayor of the capital, and
nominating organisations that intend to put forward candidates only in one
county/the capital,
b) draw the sequence number of county/metropolitan lists,
c) approve the data content of the ballot papers of the county/metropolitan
lists, and the election of the Mayor of the capital,
d) decide reserves regarding the election of county/metropolitan lists and the
election of the Mayor of the capital,
e) decide appeals against the resolution adopted by the ballot counting
committee pursuant to clause a) and b) paragraph (1) that concern exclusively
the regional municipality election or the election of the mayor,
f) decide appeals against the local election committee,
g) annul the results of the election of county/metropolitan lists, and the
election of the Mayor of the capital, if it establishes any violation of law
that affects it on the merits,
h) determine and publish the results of the election of the county/metropolitan
lists, and the election of the Mayor of the capital,
i) issue the letter of appointment to representatives who have obtained a
mandate in the election of county/metropolitan lists, and to the Mayor of the
capital,
j) initiate the decision of the body having powers, in case any violation of
law is made known to it.
(4) The National Election Committee shall
a) issue a standpoint in order to develop a uniform interpretation of rules of
law and uniform legal practice regarding the elections; the standpoint works as
a guideline, no appeal against it lies; the standpoint shall be published in
the Official Gazette of Hungary,
b) decide any and all reserves that do not fall within the competence of the
local election committee, or the regional election committee,
c) decide appeals against the resolution of the regional election committee,
d) publish the results of the elections determined by local election committees
and regional election committees and aggregated nationally,
e) initiate the decision of the body having powers, in case any violation of
law is made known to it,
f) report on the election of the representatives and mayors of local
governments to the Parliament.
105/B (1) In the event of
establishing a new community and the termination of the unification of
settlements, the body of representatives shall elect the ballot counting
committees by taking the electoral districts established in accordance with the
territory organisation decision into account. The body of representatives of
the new community shall elect a local election committee in 30 days after it is
established, and elect a new ballot counting committee the latest after the
next election is called.
(2) In the event of transferring, taking over, exchanging inhabited parts of
territories, it is the ballot counting committee elected by the body of representatives
of the receiving settlement, and the local election committee of the receiving
settlement that shall take actions.
(3) In the event of unification of settlements, the election committee of the
settlement that has a larger population on 1 January in the year of the
election shall take actions in both settlements.
(4) In the event of annexing a settlement to another county, the provisions of
this Act shall be applied in the electoral procedure considering the fact that
the territory organisation decision ordering the annexation of the settlement
to another county enters into force on the day of calling the election.
Election campaign
§ 106 (1) Local public service broadcasters shall at least once,
free of charge publish the political advertisements of nominating
organisations, and candidates for mayor in proportion to the nomination or the
setting up of lists, from the 15th day before voting to the 3rd before voting.
All of the independent candidates are entitled to this right jointly, in
proportion to their nomination.
(2) On the last day of the election campaign, national program providers shall
publish the summary of the eight nominating organisations that have put forward
the most candidates for representative and mayor in terms of nationwide aggregation.
Joint candidates and lists shall be taken into consideration in proportion to
nomination.
Proposal
§ 107 (1) Regarding the proposal of the county list, the
provisions of Chapter VII pertaining to proposing candidates shall be properly
applied.
(2) The compensation list, and the candidates indicated on it shall be notified
the latest on the 20th day prior to voting, the metropolitan list, and the
candidates indicated on it the latest on the 19th day prior to voting.
§
107/A
When notifying a citizen of another Member State of the European Union as a
candidate, the candidate's statement asserting that he/she is not subject to
any legal, judicial or other official provision in the state of his/her
citizenship which bars him/her from being elected shall be attached.
§ 108 If the candidate stands as a minority candidate in a common
regional list or mixed election scheme, this fact shall be indicated on the
proposal coupon and the ballot paper.
§ 109 (1) In a mixed election scheme the local election committee
shall include in a separate compensation minority list for each minority every
candidate running either as an independent candidate of a minority or as the
candidate of a nominating organisation of a minority in the single mandate
constituency.
(2) Nominating organisations of minorities and candidates of minorities may
also set up a joint compensation list, which they may notify to the local
election committee before the 18th day prior to the election.
(3) The independent candidate running in the single mandate constituency may
advise the local election committee in writing that he/she does not intend to
stand as candidate on the compensation list of minorities.
Voting
§ 110 (1) A separate ballot paper shall serve
a) at settlements with 10.000 or less inhabitants, common regional list,
mayoral, minority municipality and county list elections;
b) at settlements with more than 10.000 inhabitants, single mandate
constituency, mayoral, minority municipality and, except for cities having
county rights, county list elections;
c) in the capital, single mandate constituency, mayoral, the capital's Mayor's,
minority municipality as well as the metropolitan list elections;
(2) The ballot paper for common settlement list, single mandate constituency,
minority municipality and mayoral elections shall contain the candidates'
officially used first name(s) and family names in alphabetic order, the
distinguishing mark pursuant to Section § 52 (3) and the name of the nominating
organisation, including, at the request of the nominating organisation, the
abbreviation of the nominating organisation, and the fact of independent
nomination. At the request of a candidate representing a minority, the ballot
paper shall indicate his/her name and the name of the nominating organisation
also in the mother tongue of the minority.
(3) The ballot paper for local minority municipalities shall contain the names
of candidates split per minorities. Individual minorities are indicated on the
ballot paper in the order selected by the election committee by a draw.
(4) The ballot paper for the capital and county lists shall contain the name of
the nominating organisations in the order selected by the election committee by
a draw. The ballot paper shall indicate, in the order notified by the nominating
organisations, the name of the first five candidates out of the candidates
running on the list.
(5) The ballot paper for the capital and county lists, and the ballot paper for
mayors shall contain, beside the name of the nominating organisation registered
by the court, at its request, the abbreviation, the black-and-white print of
the symbol or badge of the nominating organisation.
(6) In the event of joint candidates and lists, the ballot paper shall indicate
the name of each nominating organisation.
§ 111 The ballot counting committee shall enter in the register the voter who has delivered the certificate pursuant to § 104.
Aggregating the ballots
§ 112 In respect of common regional list and minority
municipality elections, valid ballots shall be counted separately for each
candidate. Ballot papers containing both valid and invalid votes shall be
arranged into separate bundles. The number of valid ballots separately for each
candidate shall be written on the bundle.
§ 113 (1) The local and the regional election committee shall on
the grounds of the minutes of ballot counting committees aggregate the ballots,
and determine the results of the election.
(2) Aggregating minutes of the results of common settlement list and local
minority municipality elections; separate minutes for each constituency of the
results of single mandate constituencies in mixed election schemes; and
separate minutes of the results of metropolitan list and mayoral elections
shall be made. Aggregating minutes separately for each constituency shall be
made of the results of the election of the members of county general
assemblies.
(3) Data sheets shall be drawn up solely of the unofficial results of the
election of mayors, the Mayor of the capital, and the members of the
metropolitan and county general assemblies.
Calling for the election of minority municipalities
§ 114 (1) The minority municipality election shall be called by
the local election committee. The election shall be called the latest 45 days
before the settlement municipality election for a date that shall be identical
with the date thereof.
(2) The call for the minority municipality election may be initiated in writing
in 10 days after the settlement municipality election has been called. The
sample file of the initiative is set forth in the annex to the Act on the
Rights of National and Ethnic Minorities.
By-elections
§ 115 (1) By-elections shall be called for by the competent
election committee in 30 days from the occurrence of the reason. By-elections
shall be called for a date within four months from the date the seat becomes
vacant, or, within three months from the dissolution or dissolving of the body
of representatives. By-elections shall not be called for a date between 1 April
and the date of the general elections in the year of general local municipality
elections. In respect of by-elections the rules of general elections apply.
(2) If an elected candidate is eliminated from the county, compensation or
metropolitan list, the nominating organisation may notify a new candidate to
replace him/her to the competent election committee.
(3) If solely minority municipality by-elections are held at the settlement,
the constituencies may be established in such fashion that more voters than
defined in Section § 10 (1) should fall under one constituency. If the number
of constituencies is less than the number of ballot counting committees elected
pursuant to Section § 23 (1), the head of the local election office shall
determine which ballot counting committees are obliged to operate in the
by-election.
CHAPTER XIII
GENERAL REFERENDUM
§ 116 The provisions of Chapters I-X and Sections § 89, § 99/O shall be applied in national referendums in compliance with the deviations set forth in this Chapter.
Initiating the referendum
§ 117 (1) The National Election Committee shall attest the
signature-collecting sheet, and the question complying with legislative
conditions in thirty days from submission.
(2) The resolution of the National Election Committee with regard to the
attestation of the signature-collecting sheet or the particular question shall
be published in eight days in the Official Gazette of Hungary.
§ 118 (1) On the day when the defined time frame of legal remedy
pursuant to Section § 130 (1) has passed without any result, or, in the event
of legal remedy, on the day the Constitutional Court's confirmatory decision on
the attestation resolution is published in the Official Gazette of Hungary, the
head of the National Election Office shall apply an attestation clause to the specimen
of the signature-collecting sheet. The collection of signatures may be
commenced with a copy of the signature-collecting sheet with the attestation
clause applied to it.
(2) The provisions of Section § 46 (2) and (4), § 48, § 50 (1) c) and (2), and §
54, § 59 and § 60 shall be applied to the collection of signatures in
compliance with the deviations set forth in this Chapter.
(3) Each signature-collecting sheet shall begin with the question proposed for
the referendum. One signature-collecting sheet may include one question. The
signatures and the question shall be on the same page.
(4) On the signature-collecting sheets, the initiator's legible first name(s)
and family name, address, and personal identification number shall be indicated
beside the autographical signature in order to check the authenticity of the
signature.
(5) The citizen collecting signatures shall sign the signature-collecting
sheet.
§
118/A
(1) If the collection of signatures has not been completed before the 41st day
prior to the date of the general parliamentary elections and the elections of
the representatives and mayors of local governments, the signature-collecting
sheets containing the signatures collected until then shall be delivered to the
National Election Committee the latest before the 40th day prior to election
day. The collection of signatures shall be discontinued during the period
determined in Section § 3 (2) of Act III of 1998 on National Referendum and
Popular Initiative.
(2) On the 41st day after the election day, the head of the National Election
Office shall apply a new attestation clause to the specimen of the
signature-collecting sheet. The collection of signatures shall not be pursued
unless with a copy of the signature-collecting sheet with the new attestation
clause applied to it before the end of the term determined in § 28/E of the
Constitution. The length of discontinuance shall not be included in the term.
§ 119 (1) The checking of the signatures shall be the
determination of the number of signatures that can be considered valid with
statistical and mathematical methods by using the data of the voters signing
the initiative of the referendum, the data of the particulars and address
register and the register of major citizens disfranchised. If the statistical
and mathematical method applied does not render the existence of the proper
number of signatures probable, then the checking of signatures shall be
continued by examining the signatures item by item until the validity or
invalidity of the initiative can be ascertained beyond reasonable doubt.
(2) The representative of those submitting the initiative may attend the
process of checking the signatures.
(3) The checking of the signatures shall be completed in 45 days from
submitting the initiative.
§ 120 (1) If in the course of checking the signatures sufficient
suspicion arises pertaining to the validity of specific signatures, and the
validity or invalidity of such signatures affect the validity of the
initiative, the National Election Committee may also check the identity through
the central office or territorial body of the particulars and address register,
or the head of the local election office.
(2) In the event of checking identity pursuant to Paragraph (1), the term of
checking the signatures shall be extended for 30 days.
§ 121 The signature-collecting sheets shall be annihilated after 30 days after checking the signatures, or the termination of the remedial procedure.
Ordering and calling the referendum
§ 122 (1) The date for the referendum shall be set by the
President of the Republic in 15 days after the legal remedy period against the
parliamentary resolution ordering the referendum has passed without any result,
or, in the event of legal remedy, after it has been adjudged.
(2) The referendum shall be called the latest 43 days before the polling day,
for a day within 90 days from the publication of the parliamentary resolution
ordering it, or, in the event of legal remedy, after it has been adjudged.
(3) The referendum may be also called for a date within the 43 days period
pursuant to paragraph (2), if the President of the Republic has already called
a referendum regarding another matter, and there are at least 20 days left
before its date, and the simultaneous conducting of the referendum regarding
the new issue does not endanger the legality of voting.
(4) Referendum shall not be held on the day of the general election of Members
of Parliament, Members of the European Parliament, and the representatives and
mayors of local governments, and within 41 days preceding and following it. If
a referendum may not be called pursuant to paragraph (2) due to the above, the
referendum shall be called for a day within 131 days after the election.
(5) The decree on ordering and calling the referendum shall be published in the
Official Gazette of Hungary.
§ 123 During the referendum the register shall be displayed in public 18 days before the polling day. Voters shall be informed about their having been entered in the register by sending them a notice before the 16th day prior to the polling day.
Election bodies
§ 124 (1) The following election committees shall work during the
referendum:
a) ballot counting committees,
b) at settlements having one electoral district the local election committee
carrying out the tasks of the ballot counting committees,
c) regional election committees,
d) the National Election Committee.
(2) The following election offices shall work during the referendum:
a) local election offices,
b) election office at the foreign representation,
c) parliamentary single mandate constituency election offices,
d) regional election offices,
e) the National Election Office.
The powers of election committees
§
124/A
(1) The ballot counting committee shall
a) check the polling station, conduct voting, arrange for the lawful
implementation of voting,
b) decide disputes arising during voting,
c) count the ballots, and determine the result in the electoral district, and
make out minutes thereof,
d) propose for the competent election committee to annul the results of the
electoral district if it notices any violation of law that affects the results
on the merits.
(2) The regional election committee shall
a) decide exclusively such referendum related reserves that concern its sphere
of competence,
b) decide appeals against the ballot counting committee's resolution adopted
pursuant to clause a) and b) paragraph (1),
c) initiate the decision of the body having powers, in case any violation of
law is made known to it.
(3) The National Election Committee shall
a) issue a standpoint in order to develop a uniform interpretation of rules of
law and uniform legal practice regarding the elections; the standpoint works as
a guideline, no appeal against it lies; the standpoint shall be published in
the Official Gazette of Hungary,
b) decide the authentication of the signature-collecting sheet and the specific
question,
c) carry out the checking of the signatures submitted,
d) approve the data content of the ballot paper of the national referendum,
e) count the ballots cast at foreign representations, and determine the results
of voting at foreign representations, and make out minutes thereof,
f) decide reserves regarding the activity of election offices at foreign
representations, and any and all reserves that do not fall within the
competence of the regional election committee,
g) decide appeals against the ballot counting committee's resolution adopted
pursuant to clause c) paragraph (1),
h) decide appeals against the resolution of the regional election committee,
i) annul the results of voting if it establishes any violation of law that
affects it on the merits,
j) determine and publish the result of the referendum,
k) initiate the decision of the body having powers, in case any violation of
law is made known to it,
l) report on the referendum to the Parliament.
§ 125 (1) To the election committees, except for the National
Election Committee, those submitting the initiative may delegate one common
fiduciary for each election committee, and each of the political parties not
participating in submitting the initiative but having a parliamentary
representative group may delegate one fiduciary.
(2) The organisations submitting the initiative but having no parliamentary
representative group may delegate one common representative as a member of the
National Election Committee.
(3) Observers may be delegated to foreign representations by properly applying
the provisions set forth in paragraph (1).
Voting
§ 126 (1) During voting, determining the result and legal remedy,
each question put to the referendum shall be taken into consideration
separately.
(2) One ballot-paper may include only one question.
Aggregating the ballots
§ 127 (1) When applying § 72, candidate shall mean answer.
(2) If there are several questions indicated on the ballot-paper, the valid
ballots cast on the ballot-paper shall be calculated separately for each
question. If the voter has voted for several answers concerning one question,
these ballots shall be invalid; this, however, does not affect the validity of
the ballot-paper. The ballot-papers containing both valid and invalid ballots
shall be gathered in separate bundles. The number of valid ballots for each
question and, more specifically, for each answer shall be written on the
bundle.
§ 128 The result of the referendum shall be determined by the
National Election Committee on the strength of the minutes of the ballot
counting committees, after they have been received.
§ 129 With regard to the result of the referendum, the National Election Committee shall inform the President of the Republic and the Speaker of the Parliament in writing and publish an announcement in the Official Gazette of Hungary.
Legal remedy
§ 130 (1) Reserves against any decision of the National Election
Committee regarding the attestation of the signature-collecting sheet, or the
particular question may be lodged in fifteen days from publishing the
resolution, addressed to the Constitutional Court, with the National Election
Committee.
(2) Reserves against the Parliament's resolution to order the referendum and to
dismiss the ordering of a referendum to be obligatorily ordered may be lodged
in eight days from publishing the resolution, addressed to the Constitutional Court, with the National
Election Committee. The National Election Committee shall immediately inform
the Speaker of Parliament with regard to lodging the reserve, and also the
President of the Republic with regard to reserves against the resolution
ordering the referendum.
(3) The Constitutional
Court
shall adjudge the reserve out of turn. The Constitutional Court shall either confirm or
annul the resolution of the National Election Committee or the Parliament, and
instruct the Parliament to commence a new procedure.
CHAPTER XIV
NATIONAL POPULAR INITIATIVE
§ 131 In national popular initiatives the provisions of Sections § 117-121 and § 130 (1) and (3) shall be properly applied.
The powers of election committees
§
131/A
The National Election Committee shall
a) issue a standpoint in order to develop a uniform interpretation of rules of
law and uniform legal practice regarding the elections; the standpoint works as
a guideline, no appeal against it lies; the standpoint shall be published in
the Official Gazette of Hungary,
b) decide the authentication of the signature collecting sheet and the
question,
c) carry out the checking of the signatures submitted,
d) decide reserves submitted,
e) initiate the decision of the body having powers, in the event of any
violation of law is made known to it.
CHAPTER XV
LOCAL REFERENDUM
§ 132 The provisions of Chapters I-X, except for the provisions pertaining to the register at foreign representations and voting at foreign representations, and the provisions of Sections § 118 (2)-(5), § 119, § 121, § 122 (1), § 123, § 126 and § 127 shall be applied in local referendums in compliance with the deviations set forth in this Chapter.
Initiating the referendum
§ 133 (1) Before the commencement of collecting signatures, a
copy of signature-collecting sheets shall be submitted to the head of the local
election office, or, regarding county, capital related matters, to the head of
the regional election office, for authentication.
(2) The head of the local or regional election office shall authenticate the
signature-collecting sheet that complies with legislative conditions in 15 days
from submission. The authentication of the signature-collecting sheet shall be
refused if
a) the question does not fall within the competence of the body of
representatives, the general assembly,
b) local referendum on the question shall not be held,
c) a referendum on the same question has been held within one year,
d) the signature-collecting sheet does not comply with the requirements set
forth in § 118.
(3) The decision of the local or regional election office regarding the
authentication of the signature-collecting sheet shall be published the way it
is locally customary.
(4) On the day when the term of legal remedy has passed without any result, or,
in the event of legal remedy, on the day the court's confirmatory decision on
the authentication resolution is delivered, the head of the local or regional
election office shall apply an attestation clause to the specimen of the
signature-collecting sheet. The collection of signatures may be commenced with
a copy of the signature-collecting sheet with the attestation clause applied to
it.
§ 134 (1) The citizens' initiative aimed at calling a referendum
may be submitted to the mayor or the chairman of the general assembly (in this
chapter jointly 'the mayor') once within one month after the authentication of
the signature-collecting sheet. Signatures submitted subsequently,
supplementing the initiative shall be invalid.
(2) In case of failing to comply with the defined time frame, the local or
regional election committee will not check signatures.
§ 135 The checking of signatures shall be arranged for by the
local or regional election committee.
§ 136 (1) If during checking the signatures sufficient suspicion
arises regarding the originality of determined signatures, and the validity or
invalidity of such signatures affects the validity of the initiative, the local
or regional election committee may also check the identity on the grounds of
the particulars and address register or through the head of the local election
office.
(2) In the event of checking identity pursuant to paragraph (1), the term of
checking the signatures shall be extended for 30 days.
§ 137 (1) The chairman of the local or regional election
committee shall immediately inform the mayor about the findings of the checking
of the signatures.
(2) The signature collecting sheets shall be annihilated after 30 days after
checking the signatures, or the termination of the remedial procedure.
Ordering and calling the referendum
§ 138 The mayor shall announce the initiative aimed at ordering
the referendum on the next session day after receipt of the information set
forth in Section § 137 (1), or, in the event of non-citizen initiatives, after
the submission thereof.
§ 139 A decision shall be made on the initiative aimed at
ordering the referendum in 30 days from the mayor's announcement.
§ 140 If the initiative aimed at ordering the referendum has been
submitted late, or as a result of checking the signatures the local or regional
election committee has established that the number of valid signatures do not
attain the number determined under the municipality decree, the mayor will
dismiss the initiative.
§ 141 The referendum shall be called by the body of
representatives, or the metropolitan, county general assembly (in this chapter
jointly 'the body of representatives') simultaneously with ordering the
referendum, for a date within four months from the date thereof.
§ 142 The decree on ordering and calling the referendum shall be published in the official gazette of the local government, or the way it is locally customary.
Election bodies
§ 143 (1) The following election committees shall work during the
local referendum:
a) ballot counting committees,
b) local election committee,
c) regional election committees,
d) regarding capital, county related matters, the National Election Committee.
(2) The following election offices shall work during the local referendum:
a) local election offices,
b) parliamentary single mandate constituency election offices,
c) regional election offices,
d) regarding capital, county related matters, the National Election Office.
The powers of election committees
§
143/A
(1) The ballot counting committee shall
a) check the polling station, conduct voting, arrange for the lawful
implementation of voting,
b) decide disputes arising during voting,
c) count the ballots, and determine the result in the electoral district, and
make out minutes thereof,
d) propose for the competent election committee to annul the results of the
electoral district if it notices any violation of law that affects the results
on the merits.
(2) The local election committee shall
a) check the signatures submitted,
b) decide reserves regarding the referendum,
c) decide appeals against the resolution of the ballot counting committee
adopted pursuant to clause a) and b) paragraph (1),
d) annul the results of voting if it establishes any violation of law that
affects it on the merits,
e) determine and publish the result of the referendum,
f) initiate the decision of the body having powers, in case any violation of
law is made known to it.
(3) The regional election committee shall
a) decide appeals against the local election committee's resolution
b) initiate the decision of the body having powers, in case any violation of
law is made known to it.
(4) The National Election Committee shall issue a standpoint in order to
develop a uniform interpretation of rules of law and uniform legal practice
regarding the elections; the standpoint works as a guideline, no appeal against
it lies; the standpoint shall be published in the Official Gazette of Hungary.
(5) In the event of local referendums on regional level the duties set forth in
paragraph (2) will be fulfilled by the regional election committee, the duties
set forth in paragraph (3) by the National Election Committee.
§ 144 To the ballot counting committee and the local election committee, or, regarding capital or county related matters, to the regional election committee, those submitting the initiative may delegate one common fiduciary for each election committee, and each of the nominating organisations not participating in submitting the initiative but having a representative group in the body of representatives may delegate one fiduciary.
Aggregating the ballots
§ 145 (1) The result of the referendum shall be determined by the
local election committee, or, in the event of capital, county related matters,
the regional election committee on the strength of the minutes of the ballot
counting committees.
(2) No data sheet shall be drawn up in local referendums.
Legal remedy
§ 146 (1) Reserves against the decision of the head of the local
or the regional election office regarding the authentication of the
signature-collecting sheet may be lodged in fifteen days from publishing the
decision with the local court (in Budapest, the Pest Central District Court) or
the county court.
(2) Reserves against the resolution of the body of representatives or the
general assembly to order the referendum and to dismiss the ordering of a
referendum to be obligatorily ordered may be lodged in eight days from
publishing the resolution with the local court (in Budapest, the Pest Central
District Court) or the county court.
CHAPTER XVI
LOCAL POPULAR INITIATIVE
§ 147 In local popular initiatives the provisions of Sections §
118 (2)-(5), § 119, § 133-140 and § 146 (1) shall be properly applied.
§ 148 The head of the local or regional election office will
refuse to authenticate the signature-collecting sheet if
a) the question does not fall within the competence of the body of
representatives,
b) the signature-collecting sheet does not comply with the requirements set
forth in Section § 118 (2)-(5).
The powers of election committees
§
148/A
(1) The local election committee shall
a) check the signatures submitted,
b) initiate the decision of the body having powers, in case any violation of
law is made known to it,
(2) The regional election committee shall
a) decide appeals against the decision of the local election committee,
b) initiate the decision of the body having powers, in case any violation of
law is made known to it,
(3) In the event of local popular initiatives on regional level, the duties set
forth in paragraph (1) shall be fulfilled by the regional election committee,
the duties set forth in paragraph (2) by the National Election Committee.
PART THREE CLOSING PROVISIONS
CHAPTER
XVII
EXPLANATORY PROVISIONS
§ 149 When applying this Act
a) state leader shall mean persons subject to the force of the law on
the legal status and responsibility of the members of the Government and state
secretaries;
b) county/capital-clerk shall mean the county, capital recorder;
c) independent candidate shall mean a candidate nominated not by a
nominating organisation;
d) kin shall mean lineal kin and spouse thereof; adoptive and
foster-parent; adopted and foster-child; sibling, spouse, common-law companion;
lineal kin, sibling of spouse; and sibling's spouse;
e) clerk shall mean settlement clerk, district clerk;
f) type of nomination shall mean single mandate constituency, regional
list, national list nomination in the election of Members of Parliament; list
nomination in the election of the Members of the European Parliament;
mayors'/the capital Mayor's, common regional list, single mandate constituency,
compensation list, county/metropolitan list and minority common regional list
nomination in the election of the representatives and mayors of local
governments;
g) nominating organisation shall mean political parties registered
pursuant to Act XXXIII of 1989 on the Operation and Financial Functioning of
Political Parties, and social organisations registered pursuant to Act II of
1989 on the Freedom of Association; nominating organisations putting forward
joint candidates or setting up joint lists shall be considered one nominating
organisation;
h) representative shall mean Members of Parliament, Members of the
European Parliament, members of the body of representatives of settlement
municipalities, members of county general assemblies, members of the
metropolitan general assembly, members of minority municipalities;
i) persons submitting initiatives shall mean in the event of referendums
initiated by citizens and popular initiatives the organisations and private
persons that have submitted the initiative;
j) candidate of minorities shall mean independent candidates undertaking
the representation of some national or ethnic minority determined under the Act
on the Rights of National and Ethnic Minorities, or candidates of the minority
organisation;
k) minority organisation shall mean a social organisation that, in accordance
with the court registration, represents a national or ethnic minority
determined under the Act on the Rights of National and Ethnic Minorities;
l) poster shall mean election placards, advertisements, notices, handouts,
projected images, flags, emblems irrespective of the carrier material;
m) mayor shall mean the mayor of the settlement, the Mayor of Budapest;
n) settlement shall mean communities, towns/cities, cities having county
rights, districts of the capital;
o) election campaign shall mean the statement of the election program;
the promotion of candidates, lists, nominating organisations; the organisation
of election meetings; the placement of posters; the use of volunteers.
p) first name and family name shall mean the name used in marriage, the
first name and family name at birth;
q) domicile shall mean the address of the flat or, for lack of it,
except for Hungarian citizens and non-Hungarian citizens living abroad, of the
rooms, abode used in need that the voter uses as his/her home on a regular
basis in his/her normal life, if he/she has notified it to the particulars and
address register as address.
r) foreign representation shall mean the embassy and consulate general
of the Republic of Hungary.
CHAPTER XVIII
THE ENTRY INTO FORCE AND IMPLEMENTATION OF THE ACT
Entry into force
§ 150 This Act shall enter into force on the day it is promulgated.
Transitional provisions
§ 151 (1) In respect of elections called for, and the completion
of referendums ordered prior to this Act entering into force, the provisions in
force as of the date when the election is called for, or the referendum is
ordered apply.
(2) In the event of initiatives aimed at ordering a referendum and popular
initiatives in progress on the date this Act enters into force, Section § 117
hereof shall not be applied.
Authorisation
§ 152 The Government shall be authorised to determine the
sequence number, seat and territory of parliamentary single mandate and
regional constituencies.
§ 153 (1) The Minister of the Interior shall be authorised to
determine under decree:
a) the order of the registration of major citizens disfranchised, and of the
preparation of the establishment of constituencies and electoral districts;
b) the terms and deadlines of the electoral procedure;
c) the responsibilities of election offices and the training of the members
thereof; the division of powers among national, regional and local election
offices;
d) the organisation, technical completion of the information technology, ballot
aggregation order of the state's election related tasks;
e) the sample, number of copies and order of forwarding of information notices,
proposal coupons, petition booklets with signatures, election minutes, data
sheets and other printed matters;
f) the range of the nationally aggregated data of the election results;
g) the normative budgets, items, accounting and internal supervision order of
the election costs.
(2) In his/her decree the Minister of the Interior may determine a working day
directly preceding or following the term, deadline determined under the Act as
term or deadline, if the term or deadline otherwise fell on a weekly rest day
or holiday.
(3) The Minister of the Interior shall report on the organisation and
completion of the state's tasks related to the general elections of Members of
Parliament and the representatives and mayors of local governments, and
national referendums to the Parliament.
§ 154 The Minister of the Interior may enter into a contract with a legal person to fulfil the state's election related responsibilities subject to ensuring security requirements. Service agreements shall not be concluded with regard to the compilation of the register and the registration of major citizens disfranchised, checking proposals and monitoring voting performed two or three times.
Repealed provisions
§ 155 Simultaneously with this Act entering into force, the
following provisions shall be repealed:
a) the part of the text "furthermore, the principles of establishing
constituencies" from Section § 4 (3) ; the third sentence of paragraph
(1); the second, third and fifth sentences of paragraph (2); the third sentence
of paragraph (3) of § 5; chapters IV-X of § 6; Section § 46 (2); § 49; § 51;
Section § 52 a) and e)-j); § 53-55; and, Annexes 1 and 5-17 of Act XXXIV of
1989 on the Election of Members of Parliament (hereinafter referred to as
"Parliamentary Election Law");
b) Act II of 1990 on the modification of the Parliamentary Election Law;
c) § 2; Section § 3 (2); § 6-32; § 34-38; Section § 39 (5)-(6); and, Annexes 1
and 5-16 of Act III of 1994 on the modification and amendment of the
Parliamentary Election Law;
d) Act XXV of 1994 on the modification of the Parliamentary Election Law;
e) § 153 of Act I of 1996 on the Radio and Television Broadcasting;
f) § 22-24 and Section § 41 (6) of Act LXVI of 1996 on the modification of laws
related to the use of the tax identification sign, the Social Security
identification sign and the personal identifier;
g) Chapter II; § 10 and 12; Chapters IV and V; Section § 25 (1) and (4); the
fourth sentence of paragraph (1) and paragraphs (2)-(5) of § 26; Section § 27
(3)-(4); § 28; Section § 30 (2), (3) and (5); Chapter VII; the first and second
sentence of paragraph (2), and paragraph (3) of § 42; the part of the text
"on the grounds of Section § 27 (1)" from the second sentence of
paragraph (1) of § 46/A; Section § 48 (2)-(3); Section § 50/A (1) and (3); the
second sentence of paragraph (1) and the part of the text of "pursuant to
Section § 28 (4)" from paragraph (4) of § 50/C; § 50/D; Chapter XII;
paragraph (2) and the part of the text "in 30 days from the vacancy to the
relevant election committee" from paragraph (3) of § 53; Section § 54/A
b), c) e)-j), o), r)-t), w)-z); § 56; Section § 57 a), b) and f); § 58; Section
§ 59 (1); § 60-62; and, Annexes 1,2 and 6 of Act LXIV of 1990 on the Election
of the Representatives and Mayors of Local Governments (hereinafter referred to
as the "Local Elections Law");
h) § 2-4; § 6; § 8-18; § 20-27; § 38; Section § 40 (1); and § 41 of Act LXII of
1994 on the modification of the Local Elections Law;
i) Section § 45 (3)-(5); Section § 47 (3); the second sentence of paragraph (2)
§ 49; Section § 50 (1); and § 51 of Act LXV of 1990 on Local Governments;
j) Section § 32 l) and Section § 36 m) of Act XX of 1996 on the methods of
identification replacing the personal identification number, and the use of
identification codes.
Modified provisions
§ 156
§ 157
§ 158
§ 159
§ 160 In Annex 4 to the Parliamentary Elections Law, party, or the
election list of a party shall mean list.
§ 161
§ 162
§ 163 (1)
(2)
§ 164
§ 165
§ 166 ; § 167 ; § 168 ; § 169 ; § 170 ; § 172 - § 193