Home > 4.7 European elections > HUNGARY - Joint Opinion on the 2020 Amendments to the Electoral Legislation
 
 
 
Download file    
 
 
Paragraph 34
 

The Act introduces a number of positive technical changes which are welcome, most of them proposed by the National Election Office. They include:


- Section 6 of the Act, introducing a new Section 13/B in the Act on Electoral Procedure which establishes the applicability of the general provisions of this Act in the event of a repeat election, subject to certain stipulated deviations. As a positive measure, this new provision fills a previous gap in the legislation with regard to the application of general and special rules in the event of holding of a repeat election;
- Section 13 of the Act, amending Section30 of the Act on Electoral Procedure to introduce an alternative method for political parties and candidates to provide notification to the election authorities regarding their delegated members to the polling station commissions;
- Section 26 of the Act, introducing a new Section 121/A into the Act on Electoral Procedure, requiring the election office to refuse the delivery of a candidate’s sheets of supporting voters on the day of the request by means of a resolution, thus facilitating a timely and effective challenge to the decision to refuse the submission;
- Section 27 of the Act, amending Section 122(6) of the Act on Electoral Procedure, which requires the sheets of supporting voters to contain the name and signature of the person collecting the voters’ signatures, by including the collector’s personal identification number, an additional safeguard to protect the integrity of the process particularly in light of problematic signature collection in past elections;
- Section 28 of the Act, adding to Section 133 of the Act on Electoral Procedure a new provision that requires election commissions to register a party’s candidate list that meets the legal requirements, even if one or more candidates on the list are excluded on legal grounds;
- Section 30 of the Act, introducing a new Section 143/B in the Act on Electoral Procedure which provides that general legislation on the use of public areas does not apply to campaign activities, including contact with voters, distribution of leaflets, and collection of signatures, provided the set-up in the public area does not exceed four square metres;
- Sections 39 and 56 of the Act, respectively amending Sections 245(2) and 311(2a) of the Act on Electoral Procedure, providing that observers cannot be members of an electoral commission or office. This ensures that the roles of election administrators and election observers are kept distinct;
- Section 55 of the Act, amending Section 310 of the Act on Electoral Procedure to provide that any by-elections for a dissolved national minority self-government are to be funded in advance by the central budget if the minority government does not have the necessary funds to cover the costs. This new responsibility of the national authorities serves as an assurance that the minority communities will not be without a self-government due to lack of available funding for an unscheduled election;
- Sections 44-46 and 66(g) of the Act, amending Sections 268, 278(5), and 279(1) of the Act on Electoral Procedure better secure the voting rights of citizens abroad and enhance their opportunity to effectively cast a ballot. This includes improved procedures and mechanisms for postal voters abroad to change their address, cast votes, and return voted ballots.
- Section 16 of the Act introduces a new Section 40/A of the Act on Electoral Procedure, according to which the National Election Commission (NEC) may hold its meetings by electronic means, as decided by its president. This provides flexibility particularly in the face of an emergency situation, such as the COVID-19 pandemic.
- An amendment to Section 42 (Section 17 of the Act), prohibiting the Rules of Procedure of the NEC to be amended after the call for national parliamentary elections or European Parliament elections, and until the day of the inaugural meeting of the national parliament or until the final election results are established for the members of the European Parliament, thus preventing political manipulation.
- An amendment to Section 242 of the Act on Electoral Procedure (Section 38 of the Act) introduces a new provision that if the National Election Commission fails to discharge its obligation to determine the result of the election within two days of a court order pursuant to a complaint, the court is to determine the election result within two days based on the record, with the court’s determination subject to review by the Constitutional Court.
- A deadline for determination of the election result for European Parliament elections has been introduced in Section 343 of the Act on Electoral Procedure (Section 63 of the Act) – not later than the nineteenth day after voting. The inclusion of a deadline filled a legal gap.