Home > 2.4 Complaints and appeals > 17HUNGARY - Act XXXVI of 2013 on election procedure (as of December 2024)
 
 
 
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Section 236
 

(1) An appeal regarding the electoral register shall be submitted to the election office that adopted the challenged decision.


(2) Appeals shall be submitted in writing.


(3) Appeals shall contain the following:


a) reference to the violation of rights or interests directly arising from the decision,


b) name, address, and place and date of birth of the submitter of the application, and


c) number to identify the challenged decision.


(4) The absence of data referred to in paragraph (3) b) or c) shall not result in the dismissal of the appeal without examination as to its merits, provided that the submitter of the application and the challenged decision are identifiable.


(5) The head of the election office shall decide on the appeal


a) not later than the fifteenth day after its receipt if it does not affect the polling district electoral register or the postal voter electoral register,


b) not later than


ba) the second working day after receipt if the appeal is received at the latest on the twenty-fifth day prior to voting,


bb) the first working day after receipt, but not later than by 15.00 on the third day before voting, if the appeal is received after the twenty-fifth day prior to voting,


and it affects the polling district electoral register or the postal voter electoral register.


(6) If the head of the election office grants the appeal, he shall withdraw or modify the decision.


(7) If the head of the election office does not grant the appeal, he shall refer the appeal to the Budapest-Capital Regional Court not later than the last day of the time limit for its assessment.


(8) The Budapest-Capital Regional Court shall decide on the appeal not later than the fifteenth day after its receipt or, for a decision adopted after the election date has been set, on the third day after its receipt, but on the day before voting day at the latest. Representation by an attorney-at-law shall not be mandatory in the proceedings. The Budapest-Capital Regional Court shall sit as a single judge.


(9) If the Budapest-Capital Regional Court finds the appeal well-founded, it shall modify the decision; otherwise, it shall dismiss the appeal.