Home > 1.1 Universal suffrage > HUNGARY - Act No XXXIV of 1989 on the Election of Members of Parliament
 
 
 
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Article 8
 

(1) The candidates on party lists in territorial constituencies shall obtain mandates in proportion to the number of votes cast, to be calculated in the manner specified by the Schedule hereto, in the order in which they are included in the lists, provided that the turnout exceeded one half of electors.

(2) If the first poll in a territorial constituency is invalid because the turnout did not exceed one half of electors, all candidates on party lists who have done so during the first poll may stand for election during the second poll. The candidates on party lists shall obtain mandates in proportion to the number of votes cast, to be calculated in the manner specified by the Schedule hereto, provided that the turnout exceeded one-fourth of electors.

(3) If, following the calculation in accordance with paragraphs (1) and (2), there remain vacant mandates in a territorial constituency, a mandate shall be obtained even by a list that received a number of votes smaller than, but exceeding two-thirds of, those required for a mandate. If there are several such lists, the mandate shall be obtained by the one that has received the next greatest number of votes. If after the calculation there still remains a vacant mandate, it shall be added to those obtainable on the national list.

(4) In the case of a mandate being obtained under para. (3), the difference between the numbers of votes required for a mandate and actually received shall be deducted from the national aggregate of surplus votes obtained by the party putting forward a candidate.

(5) If, however, a territorial party-list failed to receive more than two-thirds of votes required for a mandate in the constituency concerned, or more than 5 % of the national aggregate of the votes validly cast for the territorial party-lists, the party-list shall not obtain a mandate even in the case covered by paragraphs (1) to (3). In this respect only the validly cast votes for the same party territorial lists have to be aggregated. Parties presenting a common or combined list do not receive a mandate, if they fail to receive at least 5 % per party, or in the case of more than three parties, a total of at least 15 % of the national aggregate of validly cast votes. If a party presented common candidates, or common or combined lists, with different parties, in two or more individual, or territorial constituencies, the votes must be aggregated separately for the common candidates, or common or combined lists, when aggregating surplus votes and defining the limit percentage, and also when handing out mandates.

(6) The parties which notified the combination of their lists at least 8 days before election shall obtain mandates in proportion to the aggregate votes cast for their respective lists. The notification to the electoral board shall also indicate the order in which the candidates are to obtain a mandate. The notification shall be made public by the electoral board.

(7) The parties which presented a common list, or combined their respective lists in a territorial constituency shall, at least 8 days before election, notify to the electoral board the proportion in which their surplus votes on the common list or the combined ones are to be taken into account in the national aggregation of votes.

(8) If two or more parties have received equal numbers of votes and stand to obtain mandates with those quantities of votes , but the number of mandates in the territorial constituency is smaller than that of the parties having received equal numbers of votes, the mandates shall be distributed in the order of the ordinal numbers of list.

(9) If no party-lists are presented in a territorial constituency, the respective mandates for that territorial constituency shall go on the national list, and shall be distributed according to the surplus votes.

(10) If the second round of election shall prove to be unsuccessful in a territorial constituency, because not even a quarter of the electorate cast their votes, then the votes cast in the first round of election shall be considered as surplus votes, and the vacant territorial constituency mandates shall be distributed on the national list.