Home > 2.4 Complaints and appeals > 17HUNGARY - Act XXXVI of 2013 on election procedure (as of December 2024)
 
 
 
Download file    
 
 
Section 297
 

(1) The parliamentary single-member constituency election commission shall decide on


a) objections against the activities and decisions of the polling station commission, and objections regarding other acts committed at polling stations,


b)all objections that are specifically related to the single-member constituency election,


c) appeals challenging a decision on an objection against a conclusive decision of the local election commission adopted in accordance with section 32 (2) or of the head of the local election office adopted in accordance with section 32 (3).


(2) The regional election commission shall decide on appeals challenging a decision of the parliamentary single-member constituency election commission adopted in accordance with section 32 (2), section 124 (2) to (3) or section 252 (2).


(2a) Legal remedy against a decision establishing the partial result referred to in section 294 (3) or the result of postal voting referred to in section 295 shall be available only in the context of a judicial review application challenging the decision of the National Election Commission establishing the result of election.


(3) The National Election Commission shall decide on


a) all objections not falling under paragraph (1) b),


b) appeals challenging a decision of the parliamentary single-member constituency election commission other than those referred to in paragraph (2),


c) appeals challenging a decision of the regional election commission adopted in accordance with section 32 (2).


(4) A judicial review application against a decision of the National Election Commission establishing the national list result of the election shall be submitted so that it is received by the National Election Commission not later than the day after the adoption of the conclusive decision by the election commission. The Curia shall decide on the judicial review application not later than the day following referral.


(5) A judicial review application against a decision by the National Election Commission establishing the national list result of the election may be submitted with reference to the unlawfulness of


a)the aggregation of the wasted votes generated in an election under section 294 (2),


b) the establishment or aggregation of the partial results under section 294 (3), or


c)the establishment of the result of the voting under section 295 or its aggregation with the partial results generated taking account of points a) and b),


or to a violation of the rules on establishing election result.